Prioritize your safety and get medical attention immediately, even if your injuries seem minor. Adrenaline can mask serious injuries like concussions or internal bleeding. Under ORS 811.745, Oregon law requires reporting a vehicle accident to police when it results in injury, death, or more than $2,500 in property damage. If you're able, document the scene: take photos of the vehicle, license plate, your injuries, your damaged bike, the road conditions, and any bike lane markings. Get the driver's name, phone number, insurance information, and license plate number. Collect contact information from witnesses. Do not admit fault or apologize at the scene. See a medical provider as soon as possible to document all injuries. Then contact a bicycle accident lawyer who can help preserve evidence and protect your rights.

Under Oregon law (ORS 814.400), bicycles are classified as vehicles, and cyclists have the same rights and duties as drivers on public roadways. When a driver fails to respect a cyclist's right of way, violates safe passing laws, turns into a bike lane, or opens a car door into a cyclist's path, that driver can be held liable. Common scenarios where the driver is at fault include right-hook turns (driver passes a cyclist then turns right across their path), dooring (driver or passenger opens a car door into the cyclist's lane), left-turn collisions (driver turns left through an oncoming cyclist), and failure to yield at intersections. Oregon follows a modified comparative negligence system (ORS 31.600), so you can still recover compensation if you are partially at fault, as long as your share of fault is 50% or less. Your award will be reduced by your percentage of responsibility.

Under Oregon law (ORS 814.410), a cyclist on a sidewalk or in a crosswalk generally has the same rights and duties as a pedestrian. This means drivers must yield to you as they would to any pedestrian in a crosswalk. However, there are specific rules cyclists must follow: you cannot suddenly leave a curb and ride into the path of a vehicle that is an immediate hazard, and you must slow to an ordinary walking speed when approaching or entering a crosswalk if a motor vehicle is approaching. If you followed these rules and a driver hit you in a crosswalk, the driver likely bears significant liability. The specific facts of your case, including visibility, speed, right of way, and whether the crosswalk was marked or unmarked, will all factor into the fault determination.

Yes. Under ORS 811.065, drivers must pass cyclists at a safe distance, which means sufficient distance to prevent contact with the cyclist if they were to fall into the driver's lane. At speeds over 35 mph, this is the primary passing standard. Violating this law, especially if the violation results in injury, creates a strong presumption of driver negligence. Additionally, passing a cyclist in a no-passing zone that results in injury constitutes prima facie evidence of unsafe passing. If a driver sideswiped you, clipped your handlebars, or forced you off the road while passing, this law is a powerful tool in your claim.

Yes. Even though you were on a bicycle and not in a car, you can file a claim against the at-fault driver's auto liability insurance. Oregon requires all drivers to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident, and $20,000 for property damage. If the driver was uninsured or underinsured, and you have your own auto insurance policy with uninsured/underinsured motorist (UM/UIM) coverage, that policy may also cover your bicycle accident injuries. Oregon also mandates Personal Injury Protection (PIP) coverage under ORS 742.520, which can help cover medical expenses regardless of who was at fault. An experienced bicycle accident lawyer can identify all available insurance policies and pursue full compensation.

Under ORS 12.110, Oregon gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is strictly enforced. Acting quickly is important because evidence like traffic camera footage, witness memories, and road conditions can deteriorate or disappear over time. If the at-fault driver was a government employee (e.g., driving a city vehicle), you may need to file a notice of claim within 180 days under the Oregon Tort Claims Act (ORS 30.275).

Our bicycle accident lawyers work on a contingency fee basis, meaning you pay nothing upfront and owe no fees unless we win your case. Our fee is a percentage of the settlement or verdict awarded, typically ranging from 33% to 40%. There are no hourly charges, retainers, or hidden costs.

Yes. Senft Legal helps injured cyclists throughout Oregon, including Portland, Eugene, Bend, Salem, Corvallis, and nearby communities. Whether your accident happened on a city street, a bike lane, a crosswalk, a multi-use path, or a highway, our team can review your claim, determine liability, and help you pursue compensation.