Oregon Bike Accident Attorney / Oregon Bicycle Crash Lawyer

HOME - Oregon Bike Accident Lawyer Free Consultation Frequently Asked Questions Joe Durkee kjdurkee@yahoo.com Phone:  (971) 998-6790 About Joe Durkee Privacy Policy

Results that Matter- Oregon bike accident settlements and Awards for Oregon bicyclists injured through no fault of their own with injuries ranging from short term treatment-soft tissue damage to traumatic life long disability.  Joe Durkee is a bicycle attorney who gets the job done right! >Free Initial Consultation - Get your Oregon bike accident questions answered by an Oregon bike attorney who knows the law >No Attorney Fee without a Monetary Recovery for your bicycle accident     >Zealous Representation Joe is a Prior Insurance Attorney who understands the Insurance Game with the legal resources to take your Oregon bike accident case the whole way! Personal Injuries are stressful- There are many stressors that go with Oregon bike crash cases.  Some of the stressors include medical bill payments, wage loss and dealing with sophisticated and intrusive insurance companies whose goal is to pay you as little as possible for your bicycle injury damages. As a prior insurance attorney, Joe Durkee knows the techniques that insurance companies use to slant the playing field to their favor.  Even your own insurance company will try to take advantage of you! Why hire Joe Durkee- Joe is an Oregon bicycle commuter and Oregon bike racer who has been injured in a bike vs. car collision and can empathize with your situation. His primary goal for every client is to maximize settlement while minimizing the insurance company hassles. Joe's experience in the insurance litigation field speaks volumes. As a seasoned trial lawyer, Joe has the big picture in mind. As a matter of fact, many lawyers hire Joe Durkee as an Oregon arbitrator and mediator to act as a neutral third party on their cases. Joe will zealously advocate on your behalf and simultaneously add dignity to the difficult claims process. Once Joe takes your Oregon bicycle accident case, you can stop worrying about dealing with the insurance companies and focus on recovering from your Oregon bike accident injuries. Joe will take care of all of the paperwork, phone calls, and negotiations, so you can focus on getting better. Joe Durkee is an Oregon attorney and Oregon lawyer dedicated to the highest standards of professional and ethical conduct.  As a legal advocate, Joe Durkee only accepts Oregon cases with legal and factual merit. Call Oregon bicycle accident attorney Joe Durkee today. See Oregon bike accident attorney Joe Durkee's tweets and view his Oregon bike blog to read more about biking in Oregon and new developments in the law.

SAFE BIKE RIDING

Maintain Control of Your Bicycle-There are many things you can do to control your bicycle and to avoid bicycle accidents in Oregon, or anywhere for that matter. First, make sure your bike is the right size and adjusted to fit you properly. The right size bicycle is easier to control and more comfortable, causing less fatigue. Your local bike shop can help you choose the right size bicycle for you. Make sure your bike is in good working order. You should inspect it regularly. Here are some important parts to check: Brakes must be powerful enough to let you easily bring your bicycle to a stop. You should be able to easily reach the brake levers. Tires should be in good condition and inflated to their recommended pressure. Luggage racks and saddle bags let you carry a load while keeping your hands on the handlebars for steering and braking. Lights are required by law when riding after dark. You or your bicycle must have a white light visible at least 500 feet to the front, and a red light or reflector visible at least 600 feet to t he rear. These are the minimum requirements. More powerful lights will make you more visible to others, and help you see road hazards. A rear light is more visible than a reflector. Front white reflectors a re not visible to motorists entering from a side street and do not meet legal lighting requirements. Fenders keep you dry and clean. They also prevent your bicycle from getting dirty in wet weather.  Mountain bikes and hybrids are easier to handle than many older bikes. They are well- suited for city riding thanks to their upright sitting position, modern gear shifters and brakes, rugged construction and maneuverability. To improve your riding skills, practice in an area away from cars. Learn to ride while looking ahead, to the sides and over your shoulder (this is needed to check for traffic before turning). Avoid distractions such as listening to a personal stereo while riding.   

Ride With Traffic  In Oregon, a bicycle is a vehicle by law. When riding your bike on a road, you have the same rights and duties as other road users. With a few exceptions, the rules of the road for drivers apply to you. Consult the Oregon Driver’s Manual to become familiar with these rules. The most important rule to remember is ride on the right, in the same direction as the traffic next to you. It’s the law. This way you will be seen by others. When drivers enter a road, change or cross lanes, they know where to look for possible conflicts. If you are riding with traffic, you are more visible and drivers will more likely yield to you. When riding in a bike lane, you are still required to ride in the same direction as the traffic next to you. Riding with traffic also shows you are responsible and will help you gain the respect of other road users. Oregon bicycle accidents occur all to often and can be avoided!

How Far to the Right Should You Ride  Riding on the right doesn’t mean hugging the curb or edge of the road. This may not be the best place to ride. For example, if you hit the curb, you could lose your balance and fall into traffic. Other times when you shouldn’t ride too far to the right include: When avoiding parked cars or surface hazards.  When a lane is too narrow for a bicycle and vehicle to travel safely side by side.  To avoid conflicts with right-turning cars. On a one-way street, you may ride on the left as long as you are riding with traffic. The above exceptions also apply to riding in a bike lane.

Road surface hazards Keep an eye on the road ahead. Avoid running over dangerous hoes, loose gravel, shattered glass, drain grates and puddles. Look over your shoulder t o avoid swerving into traffic. If necessary, signal before moving over. To make riding safer for you and other bicyclists, report unsafe road conditions to local authorities as soon as possible.

Parked cars Ride far enough away from parked cars so you don’t risk being hit by an opening car door.  Oregon bicycle accident attorney Joe Durkee has seen way to many injuries caused by the avoidable "dooring."

Riding side by side You and a companion may ride side by side on the road, but only if you don’t impede other traffic. If traffic doesn’t have enough room to pass you safely, ride single file.

When you should take a lane If there is no shoulder or bike lane, and the travel lane is narrow, ride closer to the center of the lane. This will prevent motorists from passing you when there isn’t room. You should also take the lane when you’re traveling at the same speed as traffic. This will keep you out of motorists’ blind spots and reduce conflicts with right-turning traffic.

Ride in a Straight Line This will make you more visible to motorists. Don’t weave in and out of parked cars – you may disappear from motorists’ sight and get squeezed when you need to merge back into traffic.  You and a companion may ride side by side on the road, but only if you don’t impede other traffic. If traffic doesn’t have enough room to pass you safely, ride single file.  

Turn lanes When you approach an intersection with several lanes, choose the one with the arrow pointing where you want to go. You may get cut off by turning cars if you’re in the wrong lane. If there is a straight through bike lane, use it only if you’re going straight ahead. If you can’t make it across traffic to the correct lane, use the crosswalk instead.

Use hand signals when turning Signal before making a turn to warn traffic behind you. To signal a left turn, look behind you, then hold your left arm out. To signal a right turn, either hold your right arm out, or hold your left arm up, with bent elbow. You don’t have to keep your arm out through the turn – you may need both hands on the handlebars to keep control of your bicycle. Always be courteous when riding. Many people involved in Oregon bicycle accidents don't get empathy from their automobile counterparts due to rude cyclists.

Passing Other Vehicles
You may pass on the right under certain conditions, but always do so prudently and if it’s safe to do so (changes to law allow passing on right effective January 1, 2006). Some drivers may want to turn right at the next driveway or street. They may not see you if they aren’t looking your way. Ride at a reasonable speed, and scan carefully for right-
turning cars (see drawing below). If a car ahead of you is signaling a right turn, do not pass on the right. Do not pass stopped cars at a crosswalk or intersection – they may be stopped to let a pedestrian cross or to let another car through. Oregon bicycle attorney Joe Durkee recommends extreme caution whenever you are riding near automobiles.

Be Visible and Ride Alertly
Even if you obey all traffic laws, there’s always a risk of being hit by a motorist who isn’t obeying the laws, or who simply didn’t see you. So ride cautiously, because cars waiting at stop signs, at driveways or parking spaces may suddenly pull out in front of you (1). Also look out for cars that have just passed you and may turn right (2), and cars across the street that may turn left in front of you (3). Be prepared to stop suddenly or to take other evasive action. You can also increase your visibility by using lights and reflectors
at night and wearing light or bright colored clothes. Red isn’t a good color for evening riding, because red looks black in the fading light. Yellow and lime green are very effective. Mirrors can provide opportunities for increased awareness of your surroundings. But use the mirror only as an aid - you must look over your shoulder to make sure adjacent lanes are clear before turning or changing lanes. Scan the road around you! 

Protect Yourself  Even very careful riders can fall or get hit by a motorist. And even a simple fall can injure your head. The brain is very fragile and often does not heal like broken bones. The damage can be for life. Helmets provide proven protection. It’s Oregon law: all bicycle riders under sixteen must wear an approved bicycle helmet while riding on a public way. In the past, helmets met voluntary standards like ASTM, Snell, or ANSI. After March 1999, there is a new federal standard developed in cooperation with the Consumer Product Safety Commission (CPSC). If your bicycle helmet meets one of the previous standards, you do not need to buy a new helmet. Unless damaged, these bicycle helmets provide sufficient protection for their useful life (usually 3-5 years). When you buy a new helmet look for the label or sticker indicating it meets the CPSC safety standard. Proper fit is important too. For a detailed brochure, contact the Bicyclist Safety Program.  Finally, if you crash or fall, inspect your helmet; if there are signs of damage, replace it, because it may no longer protect you.

Practices to Avoid  Now that you know what to do, you should also know what to avoid. The following behaviors cause crashes and create an image of bicyclists as irresponsible and foolish: Don’t dart out suddenly onto the roadway When entering the road from a driveway, always yield to traffic. It is dangerous to alternate between the sidewalk and road, by hopping the curb or using driveway cuts. If you ride on the sidewalk, motorists may not see you, and may not have time to react and give you space if you suddenly enter the road. Darting out onto the road can put you in the path of a moving car.  At intersections, stay on the road. Don’t ride in the crosswalk and suddenly reappear on the road again. A driver, thinking there is no one there, may lose sight of you, turn the corner and hit you. Never ride against traffic Wrong-way riding is against the law. It’s one of the leading causes of crashes, accounting for 15% to 20% of all crashes with cars. Riding against traffic is often based on the fear of traffic hitting you from behind, and a sense that looking at on-coming traffic will prevent crashes. In reality, bicyclists are rarely hit from behind. The biggest danger of riding the wrong way is at intersections: you may not be seen by drivers entering, crossing or leaving the roadway. They are expecting traffic coming from the other direction, not a wrong-way cyclist (see figure on previous page). Another danger of wrong-way riding is the speed of cars coming at you: If you’re riding the wrong way at 15 MPH, then a car going 35 MPH is coming towards you at 50 MPH, leaving little reaction time. If you are riding the right way at 15 MPH, and a car gaining on you is going 35 MPH, then the difference is only 20 MPH, giving the driver more time to react. You also risk a head-on collision with cyclists riding in the proper direction. The problem is made worse when riding the wrong way on one-way streets: you can’t see signs and traffic signals. Do not drink and ride! If you are in an Oregon bicycle accident and you have been drinking you may not be able to recover damages. To see a listing of recent Portland, Oregon Bicycle accidents click on the highlighted wording in this sentence

Railroad tracks Cross railroad tracks carefully. Watch for uneven pavement and grooves that could catch a wheel. Keep control of your bicycle. One way is to rise up from your saddle and bend your arms and legs so your body acts like a shock absorber. If the tracks cross the road at a sharp angle, change your course so you cross them at closer to a right angle. But avoid swerving suddenly; this can cause you to fall or to veer into traffic. Oregon bicycle accidents occur all the time at rail road crossings. Always remember to cross tracks at a ninety degree angle when possible and be particularly careful when there is rain.

Traffic signals Many traffic signals are triggered by electrically charged wires buried under the pavement. When a vehicle goes over them, the metal disrupts the current, which sends a signal to a traffic light control box.   Most bicycles contain enough metal to trigger the light, but you should know where the most sensitive spots are. Look for cut lines in the pavement, filled with tar. Depending on the shape, the most sensitive spots are: 1. Diamonds: just inside one of the points. 2. Rectangles: up front, in the middle. 3. Circles: about 1/4 of the way in. If you can’t trigger the light, either move forward to leave room for a car to place itself over the loop, or go to the sidewalk and press the pedestrian push-button (unless you’re turning left). You can also lean your bicycle over the loop so more metal is closer to the wires.  Just because a light turns green does not mean that it is safe to go into an intersection.  Oregon bicycle accident attorney Joe Durkee has see way too many accidents when cyclists go into an intersection with a green light assuming the intersection to be safe when drivers using cell phones miss their red light.

Riding on sidewalks In general, you shouldn’t ride a bicycle on sidewalks. Many crashes between bikes and cars occur on sidewalks, especially when bicyclists ride against the flow of car traffic. If you do ride on a sidewalk, try to ride in the same direction as traffic next to you, and adjust your riding habits for the safety of all sidewalk users by following these guidelines: Slow down at driveways and street crossings if a car is coming. If you go too fast, drivers will not see you (they are looking for pedestrians nearby, not a fast moving cyclist further away). If you crash, you may be found at fault if you were going too fast.  Avoid bicycle accidents by using good common sense here.

Yield to pedestrians: sidewalks are for walkers, not bicyclists. Be courteous and ride cautiously. When passing a pedestrian, slow down, give an audible warning, and wait for the pedestrian to move over. A bicycle bell works best. If you must say something, make your intentions clear. For example, “Passing on your left.” Walk your bike in downtown areas: they are busy with people walking out of doorways, stopping to talk to each other or window shopping. Many cities ban bikes from their downtown sidewalks. Paths are wider than sidewalks, but you should still ride cautiously. Ride on the right and yield to pedestrians. Be especially careful when crossing a road. When crossing a driveway or street, slow down and be sure drivers see you. Ride more slowly and alertly at night, when it’s harder to see the surface and edges of the path. Pedestrians, joggers, skaters and other cyclists may approach suddenly out of the dark in front of you.  
                                                           (Source - O.D.O.T. Safe Riding Principles)

Driving Around Bicyclists-Avoiding Oregon Bicycle Accidents with cars
1. Check the bike lane – when turning right across a bike lane, look behind you for a bicyclist; bikes can travel fast enough to catch up with you even if you passed them more than a block ago; if someone is approaching, wait and yield rather than trying to “beat” them; think of the bike lane like a train track – never sit and idle on it, don’t start across until you know you can clear it.
2. Signal! – when you don’t signal your turns bicyclists can’t anticipate them and can’t make an effort to stay out of your blind spot; if talking on your cell phone is preventing you from using your turn signal, stop talking on your cell phone, get a hands-free phone, or grow an extra arm.
3. Pass with ample room – except over a double yellow line, you can cross the center line to pass a bicyclist safely, as long as oncoming traffic is clear; passing close, especially over 25 mph, is very scary for the cyclist.
4. Don’t honk to communicate with cyclists, unless there’s an emergency – if your horn sounds loud from inside your car, imagine how loud and shocking it is from just in front of it.
5. Don’t follow closely – this is scary and intimidating, and the bicyclist probably
would prefer to be out of your way as soon as possible but needs to be in the lane for some reason.
6. Allow bicyclists to use crosswalks – they are permitted to do so, and in some places bicyclists rely on them for safe crossings.
7. Look when opening your door – especially when you are parked next to a bike lane, but also on any street; many bicyclists ride close to parked cars to leave room for drivers to pass on their left, and this means you could hit them with your door if you don’t look first.
8. Be cautious in residential neighborhoods – bicyclists like to use quiet streets to get around, so if you are sloppy or impatient at stop signs you risk hitting someone on a silent or vulnerable vehicle; also, slow down and stop before you get to the stop sign, not as you roll by it, because children biking on the sidewalk may cross in front of you and if you aren’t already slowing down you may run them over.
9. Use good manners – apologize if you make a mistake and it will go a long way; eye contact and waves are very humanizing, especially in the stress of rush-hour traffic. Always feel free to contact Oregon bicycle accident attorney Joe Durkee if you have any questions.

To see a listing of recent Portland, Oregon Bicycle accidents click on the highlighted wording in this sentence.

What to do in Cases of a Crash Check for injuries first. If someone is injured, call for help right away. Administer first aid if you are trained. After the injured have been helped and removed from harm’s way, begin gathering information. If someone has been struck by a car, ask the driver for name and address, vehicle registration number, driver’s license number, and insurance policy company and number. Oregon law requires motor vehicle owners to carry insurance that covers injuries to bicyclists and pedestrians, and to have proof of insurance. Don’t discuss fault immediately after the collision. Make sure to write down what you think happened as soon as possible. Carry identification and medical insurance information, especially when you cycle alone. Give your name and address. Ask witnesses, including passengers, their names and addresses. Do not depend on others to take witness names and phone numbers. In case of property damage over $1500 or injury to a person, fill out a DMV traffic accident report within 72 hours. Document your injuries and property damage with photographs or video tape; save all receipts and repair estimates. Contact your insurance company if you have coverage on your bicycle. Call Oregon bicycle accident attorney Joe Durkee.

OREGON BICYCLE LAWS

Vulnerable User Law - The new Oregon “Vulnerable Roadway User” laws went into effect on January 1, 2008.  801.608 “Vulnerable user” defined. “Vulnerable user of a public way” includes bicyclists.  Many "agro" drivers cause Oregon bicycle accidents that were easily avoidable.

Careless driving- A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property .

Unsafe passing of a person operating a bicycle. A driver of a motor vehicle commits the offense of unsafe passing of a person operating a bicycle if the driver violates any of the following requirements: (a) The driver of a motor vehicle may only pass a person operating a bicycle by driving to the left of the bicycle at a safe distance and returning to the lane of travel once the motor vehicle is safely clear of the overtaken bicycle . ‘Safe distance’ means a distance that is sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver’s lane of traffic.

Unsafe Operation of Bicycle On Sidewalk is violated if a person operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property, creating an offense with similar operational language to the better known Careless Driving offense.

CITY ORDINANCES CONCERNING RIDING ON THE SIDEWALK-(Oregon bicycle accident attorney)

Improper opening or leaving open of vehicle door-A person commits the offense of improper opening or leaving open a vehicle door if the person does any of the following: (a) Opens any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders; (b) Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers.

Failure to signal turn-A person commits the offense of failure to signal for a bicycle turn if the person does any of the following: (a) Stops a bicycle the person is operating without giving the appropriate hand and arm signal continuously for at least 100 feet before executing the stop. (b) Executes a turn on a bicycle the person is operating without giving the appropriate hand and arm signal for the turn for at least 100 feet before executing the turn.  (c) Executes a turn on a bicycle the person is operating after having been stopped without giving, while stopped, the appropriate hand and arm signal for the turn.

LIGHTING REQUIREMENTS-Lighting equipment must be used during limited visibility conditions. The lighting equipment must show a white light visible from a distance of at least 500 feet to the front of the bicycle. The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.  Lights are cheap and Oregon has few daylight hours from October thru May. Oregon bicycle accident attorney Joe Durkee recommends lots of visible lighting.

Failure to use bicycle lane or path-A person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.

Private person arrests A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime .

Assault in the fourth degree-A person commits the crime of assault in the fourth degree if the person: (a) Intentionally, knowingly or recklessly causes physical injury to another; or (b) With criminal negligence causes physical injury to another by means of a deadly weapon . (2) Assault in the fourth degree is a Class A misdemeanor.

Menacing-A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

Recklessly endangering another person-A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

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DISCLAIMER
Oregon bicycle injury lawyer - attorney Web sites, including this one, provide general information but do not provide bicycle injury attorney - lawyer legal advice.  Consult an experienced Oregon bike lawyer - attorney who handles bike collision injury cases for Oregon bicycle injury advice about specific Oregon bike injury claims or Oregon bicycle injury cases.  Remember that virtually all Oregon bike injury, bicycle injury, biking injury, biker injury, bicyclist injury, wrongful death and personal injury claims and lawsuits are time sensitive.  So, don't delay in seeking Oregon bicycle injury lawyer - attorney advice by a qualified Oregon bicycle lawyer - attorney in Oregon.  Oregon bike injury attorneys - lawyers are governed by the Oregon Code of Professional Responsibility.  If you have been been injured in a bicycle, bicyclist, biking, biker, bike collision causing injury, consider Oregon bike lawyer - attorney Joe Durkee.  This web site may be considered an advertisement for services under the Oregon Code of Professional Responsibility.  Mr. Durkee is an Oregon bicycle injury attorney - lawyer handling biking collision, bicycle accident, bicycle collision, biker collision, bicyclist collisions in Oregon land does not seek cases outside of the State of Oregon.

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