The basic elements of a bike accident claim

Portland is a city that prides itself on being an area full of recreational activities and the pursuit of a healthy lifestyle.  So it comes as little surprise that riding a bike is one of the most popular outdoor activities.  With tons of fresh air and miles upon miles of bike trails to explore, Portlanders take to two-wheeled adventuring at every possible chance.

However, like many recreational activities, bike riding does come with a certain degree of inherent danger.  Recent statistics show that bike accidents are on the rise, and with that, the number of bike related legal issues continues to increase as well.  This trend is keeping attorneys who specialize in handling bike accidents busier than ever.

Bike accidents can happen in a number of ways.  Sometimes they involve a careless driver.  At other times, an accident may involve faulty equipment or poorly marked danger areas on trails and in construction zones.

Because bike accident cases are a somewhat specialized area of the law, there are many ways that a claim may be pursued.  An attorney may seek damages for:

  • Reckless auto drivers
  • Negligent auto drivers and other bike riders
  • Specific violations of the Oregon Vehicle Code
  • Bad faith on the part of an insurance company after a claim is filed
  • Mechanical failure or faulty parts on a bike
  • Pain and suffering after an accident
  • Lost wages
  • Reimbursement for medical bills

Bike riders do have a set of responsibilities as they peddle forth, including having proper lights, reflective gear and in some instances being required to wear a helmet.  They must also obey all traffic laws just as auto drivers do. However, a judge and jury will tend to be more forgiving with a bike rider because they have little to no protection when riding.  The unwritten assumption is that because of this; the courts tend to protect bicyclists more than someone in a car or truck.

Dawson Law Group serves Portland and surrounding Oregon communities.