Motorcycle accidents are riskier than car accidents and more frequently result in serious injury and death. Because of their lack of a protective frame and various other reasons, many people suffer every year in motorcycle accidents. The Insurance Institute for Highway Safety (IIHS) reports that the number of deaths on motorcycles is 27 times higher than the number of deaths in cars.
Whether you were on the motorcycle or in a car, if you or your loved ones suffered injury or death because of a motorcycle accident in Portland, Oregon, that was not your fault, you could be eligible to receive compensation for your suffering. All motorists, regardless of their vehicle, have a legal responsibility to look out for others and drive safely. When someone else causes you pain, you deserve to receive compensation.
The Portland motorcycle accident lawyer at Ben Crump Law, PLLC, may be able to help you recover damages after your motorcycle accident. We work on contingency, which means we never charge you any fees unless we can earn a financial award for you, so you know that we are motivated to do our best to help you. Begin your free consultation with the team at Ben Crump Law, PLLC by calling (800) 924-3113 today.
Risks for Motorcycle Accidents
Motorcycles and crashes involving them are naturally more dangerous than simple car accidents. Some of the reasons for this include:
- Lack of a protective frame: Regardless of the cause and nature of the accident, motorcyclists are at higher risk for injury and death because they do not have the protective metal encasing that passengers of cars and trucks do.
- Road conditions: Motorcyclists have more hazards to look out for than other drivers do. Wet pavement, bumps, curves, and debris in the road can be very dangerous for a motorcycle, while a car may travel over them easily.
- Visibility: Larger vehicles have larger blind spots, and their drivers can have difficulty seeing the smaller proportions of a motorcycle on the road. A motorcycle can be hidden by other objects on or off the road. Many motorcycle accidents are the result of a car or truck driver failing to see a motorcyclist.
- High-risk behavior: Because of the easier maneuverability and acceleration of motorcycles as compared to cars, motorcyclists are known for dangerous driving behaviors, such as speeding, lane splitting, and weaving around other drivers, that can cause accidents.
- Difficulty: Driving a motorcycle takes more skill, knowledge, and talent than driving a car or truck does. For example, having only two wheels instead of four makes a motorcycle less stable and requires the driver’s skill to handle properly. Inexperienced motorcyclists may cause accidents due to their lack of skill.
For a free legal consultation with a motorcycle accidents lawyer serving Portland, call (800) 924-3113
Oregon Motorcycle Laws
The state of Oregon has several specific laws in place that apply to those who operate motorcycles. According to Oregon Driver & Motor Vehicle Services, these laws include:
- Motorcyclists must drive according to all state traffic laws, just as if they were driving a larger vehicle on the road.
- All drivers of and riders on motorcycles are required to wear helmets, regardless of their age, according to Oregon Revised Statutes (ORS) §814.280.
- All motorcycle operators must carry a specific license to do so, and have to pass both written and practical tests to obtain that license.
- Motorcycles must have correct safety equipment, including specific headlights, taillights, turn signal indicators, and fenders. They must also be properly maintained.
Motorcyclists who fail to follow these rules can be legally responsible for the costs of an accident. Oregon uses a traditional fault-based system for all vehicle crashes, which means that the person who caused the accident is also financially responsible for it.
When you are in a motorcycle accident in Portland, Oregon, and it was not your fault, you have several options for recovering the costs of the accident:
- Make an insurance claim against the at-fault driver.
- File an insurance claim with your own provider.
- Sue for damages through a personal injury lawsuit.
- Sue for damages through a wrongful death lawsuit, if your family member died in the accident.
When determining who is fiscally responsible for an accident, Oregon follows a modified comparative negligence law, ORS §31.600. This means that each person in the accident is responsible for their portion of fault for it, so if you are 10% at fault for the accident, you can only recover 90% of the damages. You cannot recover any damages if your portion of fault exceeds that of the other person or people involved.
Motorcycle accidents can be more complicated than car accidents, as well as more deadly. For help in deciding what to do, you can work with a Portland motorcycle accident lawyer at Ben Crump Law, PLLC.
Portland Motorcycle Accident Lawyer Near Me (800) 924-3113
Oregon Statutes of Limitations for Motorcycle Accidents
A statute of limitations is a law that places a time limit on your right to pursue legal action. The time limit depends on the underlying cause of your lawsuit, but once this deadline has passed, you are unlikely to be able to recover any damages. There are three Oregon statutes of limitations that may apply to your motorcycle accident case in Portland:
- The time limit for personal injury cases is two years, according to ORS §12.110.
- The time limit for wrongful death cases is three years after the date of the injury that caused the death, according to ORS §30.020.
Reach Out to Ben Crump Law, PLLC, for Help
Motorcycle accidents can be very challenging, but getting the help you need is not. At Ben Crump Law, PLLC, our Portland motorcycle accident lawyer and the rest of our team is ready to fight for the compensation you deserve. We can investigate your accident, collect evidence of who was at fault, communicate with insurance providers on your behalf, file a civil lawsuit for you, and negotiate for a fair settlement.
You have the legal right to pursue compensation when you suffer from someone else’s negligence. By pursuing damages in court or negotiating with insurance providers, you could be able to recover the costs of property damage, medical expenses, lost income, pain and suffering, emotional distress, and other damages you suffered in the motorcycle accident.
Call the team at Ben Crump Law, PLLC at (800) 924-3113 for your free consultation and learn more about how we may be able to help you.