Eugene Bicycle Accident Injury Lawyers

Cyclists have the same rights to justice as any other road user, meaning you’re entitled to compensation if someone else’s negligence caused the injuries. This can include covering medical expenses, lost income, and human losses such as pain, loss of enjoyment of life, emotional distress, and mental suffering. Traffic laws are in part designed to protect cyclists, and any violation of these laws by another party that causes you harm strengthens your case.

After being hit by a car, your safety and health should come first. Call 911 and seek medical attention immediately, even if your injuries seem minor at the time. Collect the driver’s insurance and contact information, and if you can, document the injury scene with photos of your bike, the car involved, and the surrounding area. Gathering witness information is also helpful. Taking these steps early ensures that crucial evidence is preserved.

Sometimes, but not always. Hiring a lawyer can be highly beneficial in cases where injuries are severe, fault is disputed, or insurance companies attempt to minimize your claim. An attorney can help gather evidence, negotiate with insurers, and try to ensure that all liable parties are held accountable. If you’re unsure about the complexity or difficulty of your case, a consultation with an experienced attorney can help clarify your options.

Liability is typically determined by examining factors such as the actions of the involved parties, adherence to or violation of traffic laws, and weather and road conditions. In addition to traffic laws, everyone – including motorists and bicyclists – has the duty to act reasonably under the circumstances. Evidence such as police reports and reports, witness statements, and video footage can provide clarity. If the motorist was speeding, distracted, or failed to yield, for example, they might be held liable. Less commonly, liability could involve poorly maintained roads or defective bike equipment.

Your ability to obtain insurance benefits depends in part on the type of insurance policies in place, and in part on your losses. The driver’s liability insurance typically covers your damages if they’re at fault, up to their liability insurance policy limits. If you have Personal Injury Protection (PIP) or Uninsured (including Underinsured) Motorist coverage under your own vehicle policy, that may also apply. Typically after Personal Injury Protection benefits are exhausted, your own health insurance starts to pay (but may later seek reimbursement if you obtain a recovery). Review your policies carefully to understand your coverage options, and consider getting higher levels of Uninsured/Underinsured Motorist coverage, as many negligent drivers are either uninsured or underinsured.

Key liability evidence may include photos of the incident scene, photos of the motor vehicle and your damaged bicycle, police reports, witness statements, and video footage, such as from dash cams or nearby surveillance cameras. Preserving as much evidence as possible strengthens a legitimate case. Key damages evidence may include hospital and other medical records, x-rays and other imaging, medical bills, records of wage loss, photos during treatment and recovery, and the testimony of people who know you from both before and after the injury.

The general time limit to make a claim, known as the statute of limitations, varies by state. In Oregon, an adult’s personal injury claim against a private party typically should be properly commenced in the court system within two years of the injury. (Technically, two years from when the injured person knew or should have known of their claim.) However, starting the process early is advisable, as evidence and witness recollections may be lost or may fade over time.

There are different time rules for children (minors generally have longer time periods), incapacitated persons, claims against public bodies (which sometimes can have notice periods as short as 180 days for an adult, which is in addition to the regular statute of limitations), claims against bars or others who have overserved drunk drivers or the like (these claims have their own short notice periods, in addition to the statute of limitations period), claims against the federal government (which have their own special notice and other requirements), and wrongful death claims, in addition to various other special rules in particular cases. For any particular case, the injured person should consult with an attorney who is fully informed of the relevant facts.

If the at-fault driver is uninsured, that’s often a clue that the driver may not have much in the way of personal assets. If you have Oregon auto insurance of your own, you can look to your own policy’s Uninsured Motorist coverage. If you have health insurance, or if workers compensation applies, those are other potential sources of help.

It is important to figure out if there might be someone else who is responsible, in addition to the driver who hit you. If the driver was working on the job, their employer may have legal responsibility. If the driver was overserved at a bar, the bar may have liability. If the motorist was driving as part of a joint business venture, the other members of the joint venture may also have responsibility. If the driver’s visibility was blocked because of negligent roadway or landscape maintenance, a government or a landowner may have some responsibility. And so on. Especially if your losses are serious, getting legal help to look at the whole picture can be important, and sometimes makes a difference.

Most bicycle injury attorneys work on a contingent fee basis, meaning they get paid for their time only if they recover money for you. Contingent fees are an important way for everyone to be able to afford a capable attorney, regardless of financial status. In Oregon, the percentage is typically a third for this kind of a case if settled a reasonable time before trial, but ultimately, the percentage comes down to what is agreed upon in writing (so long as it is reasonable).

Note that in addition to fees that pay an attorney for their time, any case has out of pocket costs for expenses such as investigators, obtaining medical records and other documents, court fees, and so forth. Those costs are not part of the contingent fee, but are in addition to the fee paid to the attorney for their legal expertise and services. By Oregon custom, the attorney or law firm advances those costs, and is paid back at the conclusion of the case, but this is also a matter for the written attorney retainer agreement.