Every Oregon motorcyclist knows that if they’re in a collision with a car, no matter whose fault it is, the motorcyclist is going to bear the brunt of the damage. And while motorcyclists often get a “bum rap” due to the ingrained prejudices of many motorists, the fact is that a high percentage of accidents between cars and motorcycles are caused because the car driver either didn’t see the motorcyclist, or didn’t judge the speed and distance between the vehicles correctly. When that happens, the injured party (almost always the person who was on two wheels) will probably require the services of an experienced Portland motorcycle injury claim lawyer.
Once the motorcyclist has received the necessary medical assistance and made the decision to go ahead with a claim, they will at some early stage in the proceedings ask their lawyer what kind of compensation they can expect to receive. Any reputable attorney will quickly explain the factors that go into determining what your injury claim is worth, and there are many. In a majority of cases, the insurance company representing the at-fault driver will try to reduce the award amount in any number of ways, making it all the more important for the motorcyclist to have good legal representation.
Factors to Determine the Worth of Your Motorcycle Injury Claim
From the first trip to the doctor, it’s critically important to keep exact records of your expenditures, as well as any income lost through missing work and any additional money paid out to aid in your recovery.
These are known as “special damages,” and if properly recorded are the easiest to quantify in terms of an award. The other factors a court will consider include:
- Who was at fault? While insurance companies invariably try to apportion at least some of the liability to the person making the claim, recent statistics show that in 83% of cases, it’s possible to clearly show which party was at fault. A reputable Portland motorcycle injury claim will strongly advise against proceeding with a lawsuit unless there’s a clear case of negligence on the part of the other driver.
- How badly were you hurt? If your injuries were relatively minor and the other party is clearly liable, it’s possible you won’t need the services of an attorney, but if you’ve been severely injured or there’s any contesting of liability, having a good lawyer can be helpful Read the rest »
If you’re an Oregon motorcyclist, and you made it through 2011 unscathed, congratulations. Not everyone was so lucky. Every year, dozens of cyclists need the services of a good Oregon motorcycle accident attorney, largely because motorists frequently seem unable to spot a motorcycle on the road. For now, your motorcycle is probably safely stowed away, waiting for the warmer weather to return, and the ice to disappear.
While you’re waiting, we’d like to offer our Top 10 tips for safe motorcycling, in the hopes that if you follow them, you’ll remain healthy for many seasons to come. Motorcycle Safety Awareness Month may not take place till May, but let’s give you the jump on how to stay healthy while still enjoying the open roads.
- Just assume the motorists can’t see you. Try to make eye contact with drivers. If you’re successful, they probably won’t pull directly into your path.
- Even if they see you coming, you can’t count on motorists and pedestrians being able to judge your speed or distance from them. Expect them to make mistakes. Read the rest »
Motorcycle enthusiasts have long said they love the freedom they feel when they’re out on the open road, wind in their hair (or helmet, it they’re smart), and that there’s nothing quite else that compares. That freedom comes laden with peril, however. The latest motorcycle accident statistics show that riders are almost six times more likely to be killed in a crash than someone in a car. Having a competent Portland motorcycle attorney may be well and good, but winning a case isn’t much good if you’re not around to spend the compensation.
In Portland, motorcyclists are showing a much better safety record than elsewhere in the country, and the trend is improving all the time. Oregon motorcycle crash rates leading to fatalities dropped again in 2010, by a minimum of 2 percent, but the ODOT says there’s still more to do. The fact is, 38 motorcyclists lost their lives on Oregon roads in 2010. This figure is lower than previous years, thanks mostly to cooperation between the Governor’s Highway Safety Association and motorcycle clubs, which are strenuously advocating safe and sober riding.
In 2009, the Oregon legislature passed a number of new motorcycle related safety laws, including increased penalties for riding a motorcycle without a proper license endorsement, and regulations requiring new motorcyclists to take an ODOT-approved training course. As of January, 2011, all new Oregon motorcyclists aged 30 and under must complete a basic or intermediate rider training course.
Read the rest »
Date: June 28, 2011
Location: Broadway Avenue and East Sherman, Fruitport Township
Names: Rex Alan Renells, Steven Pfeiffer
The North Shores man who was killed Tuesday evening when his motorcycle collided with a pickup truck has been identified as 45-year-old Rex Renells.
According to Fruitport Public Safety Director Ken Doctor, Renells was driving his motorcycle westbound on Broadway at around 6:30 p.m. A Ford Ranger pickup being driven by Steven Pfeiffer, 56, also of North Shores, was eastbound on Broadway. As the two vehicles approached each other, Pfeiffer made a left hand turn into a Walmart drive on East Sherman. Doctor said this put the Ford Ranger directly into the path of Renells’ motorcycle, which crashed into the front right corner of the truck, causing extensive damage to the vehicle. Pfeiffer, who was alone in the Ford at the time of the accident, was not injured, but Renells was pronounced dead from his injuries a short time after the incident occurred.
Fruitport and North Shores police are continuing their investigations into the accident, and no charges have been filed at this time. A blood alcohol test administered to Pfeiffer confirmed that he had not been drinking at the time of the accident. Toxicology test results on both Pfeiffer and Renells are being awaited by accident investigators. According to Doctor, it’s very difficult to tell how fast the motorcycle was travelling at the time of the Oregon motorcycle accident, because there were no skid marks. Doctor said it will require specialists and scientific calculations to determine the speed of the motorcycle at the time of the crash, and until those tests come back, it will not be possible to apportion blame.
Our hearts go out to Rex Renell’s family and friends during this difficult time. Anytime a motorcycle fatality occurs, we are reminded of the high injury and death rates for motorcycle riders. Several factors contribute to the potential risk, but probably none more so than motorists’ seeming inability to see motorcycles. Certainly rider skill can come into play, and we absolutely welcome the new Oregon law requiring motorcycle skills training. However, no matter how safely a person rides a motorcycle, a car driver who isn’t looking will remain a danger to a motorcyclist.
Date: June 29, 2011
Location: Highway 224, milepost 33, near Estacada
Name: James D. Heys-Olson
Oregon State Police have filed charges against a 24-year-old Washington State man who was seriously injured in a motorcycle accident Wednesday afternoon, near Estacada.
At approximately 3:20 p.m. Wednesday, James Heys-Olson, from Longview, Washington, was driving a 2008 Yamaha motorcycle eastbound on Highway 224. At a left-hand curve near milepost 33, the motorcycle reportedly left the highway and careened down a 40-foot embankment. Heys-Olson was discovered lying on rocks near the Clackamas River; the Yamaha went into the water and was later recovered by a dive team. Heys-Olson was wearing a protective helmet, but was seriously injured. Deputies from Clackamas County Sheriff’s office and members of the U.S. Forest Service were called to the scene. Estacada Rural Fire District personnel removed Heys-Olson by ambulance to a location where he could be collected by LifeFlight. He was then transported to Legacy Emanuel Medical Center, where his condition was described as serious.
After tests were carried out, Oregon State Police charged Heys-Olson with DUII, careless driving, driving without insurance, and driving without an operator’s license.
While accidents like this one can seem black or white, a closer investigation can sometimes turn up a surprise. Many will assume that the motorcyclist was too intoxicated to drive properly, or lost control of the motorcycle for some other reason. And perhaps that is exactly what happened. But there are many other possibilities as well. Poor road conditions may have caused this accident – for all we know, there may have been a large pothole that has already caused three accidents, or maybe the sharp left-hand curve where the accident occurred had no warning sign. If that is the case, there may be a lawsuit available against the city/county/state. Such a lawsuit would allow the injured person to receive compensation and hopefully prevent future accidents on that stretch of road. Maybe the motorcycle was recently brought in for new tires, which proved to be faulty or improperly installed. These things happen, and when someone is seriously injured, a competent Oregon personal injury attorney can investigate and find out what happened. Usually at no cost. For more information on what to do in the case of an Oregon accident, contact our office or read 7 Common Mistakes That Can Wreck Your Oregon Accident Case.
Motorcycle safety courses in Oregon are a great way for beginning and experienced riders to prepare for real-life traffic situations and road conditions. Motorcycles are exciting to ride and can be convenient forms of transportation, however, if a motorcyclist never learns the important skills they need to ride safely, they may be more prone to motorcycle crashes in Oregon.
According to the Oregon Department of Transportation (ODOT), motorcycle training helps riders learn more about efficient turning, effective braking, how to avoid obstacles, what protective apparel to select, traffic maneuver strategies, and proper bike maintenance. People interested in learning more about the Basic Rider Training, the Intermediate Rider Training, other rider training, or the TEAM OREGON Motorcycle Safety Program can call TEAM OREGON at (800) 545-9944 or visit http://teamoregon.orst.edu/to_web/index.shtml (will not be linked when blog is posted).
A law passed by the 2009 Oregon Legislature requires all new motorcycle riders to take an approved motorcycle safety training course. The requirement is distributed over a five-year period based on age:
- January 1, 2011 All New Riders 30 and under
- January 1, 2012 All New Riders 40 and under
- January 1, 2013 All New Riders 50 and under
- January 1, 2014 All New Riders 60 and under
- January 1, 2015 All New Riders of Any Age
The National Highway Traffic Safety Administration (NHTSA) reports that in 2008, 5,290 motorcyclists died and 96,000 suffered injuries in accidents. While helmets and proper protective gear help reduce a motorcyclist’s chance of suffering serious injury or death, Oregon motorcycle collisions can still have severe consequences since motorcyclists do not have the same level of protection that occupants of large trucks or passenger cars have.
If you or someone you care about has been injured in an Oregon motorcycle crash, get in touch with one of the Portland motorcycle accident attorneys at Shulman DuBois LLC. We have dedicated several years to protecting the rights of accident victims so that they receive compensation for their injuries and losses. Call 503-222-4411 for more information about your legal rights.
Sources:http://www.oregon.gov/ODOT/DMV/driverid/motorcycle.shtml; http://teamoregon.orst.edu/to_web/FAQ.html
