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Bicycle Accident Lawyer Serving Portland and Surrounding Areas
Portland bicycle accident attorney, Travis Mayor, can help you with the frustration and confusion of being injured in a bicycle accident and seeking justice and fair compensation. As a former insurance defense lawyer, Travis has worked alongside some of the nation’s largest insurance companies to defend against the exact injury claims he now pursues on behalf of his clients. He knows how insurance companies THINK, ACT, and EVALUATE claims. He uses this knowledge to achieve maximum recovery for his clients.
When it comes to bicycle accidents, Travis is relentless. He is highly knowledgeable in the important areas of insurance, right-of-way laws, establishing at-fault liability, and seeking fair and equitable compensation.
As a bicycle accident lawyer, Travis is ready to learn more about your situation and provide insight into what your Portland bicycle accident injury claim is worth. Call today for your free and confidential case evaluation: (503) 610-0005.
Handling All Types of Bicycle Accident Cases
Common causes of bicycle accidents include drivers turning right into a cyclist (right hook), drivers turning left into a cyclist (left hook), intersection collisions, drivers crossing into dedicated bicycle lanes, and car door collisions. Bicycle accidents can even occur without contact when driver negligence forces cyclists to take evasive action. At Mayor Law, a Portland bicycle accident attorney will help you pursue your personal injury claim against the at-fault driver and their insurance company. Let’s review some sample scenarios.
Portland Bicycle Accident Injury Case Examples:
Case Example 1: A settlement of $100,000 was obtained – which was the at-fault driver’s insurance policy limit. In this case, the driver of a vehicle made a right turn without looking and hit a bicyclist in NW Portland, Multnomah County causing personal injuries to her knee, shoulder, and back. The client underwent knee surgery. The collision also aggravated a pre-existing shoulder rotator cuff injury causing the need for shoulder surgery. This case is a classic example of the “right hook” that drivers make that so often injures cyclists.
Case Example 2: In March of 2013, Travis Mayor settled his client’s minor bicycle accident claim for $9,250 after making an initial demand under ORS 20.080. The client suffered some bruises and minor muscle strains after being knocked off her bike by a car. The client made a quick and full recovery. The settlement covered the client’s medical bills, two days of lost wages and non-economic damages for her pain and inconvenience.
Case Example 3: This disputed liability car collision case occurred when a pickup truck driver hit the client who was riding his bicycle in Clackamas, Oregon. The client sustained personal injuries including a broken leg, a broken nose, and a closed head injury. The defendant claimed the client was at fault for riding his bicycle in the roadway to the left of the fog line. The case was settled out of court for $159,000 for the full policy limit of the driver’s liability insurance, as well as additional money from the client’s motor vehicle insurance policy.
Issues Facing Cyclists
The percentage of bicycle fatalities in Oregon is the third highest in the nation, at 4.5% of all traffic fatalities. While Portland has implemented significant improvements to help integrate cyclists into city traffic patterns, the fatality and injury rate remains the third highest in the nation at 3.87 fatalities per million population.
Cyclists face a unique set of challenges as they become an increasing part of urban commuting. To cope with these challenges the city of Portland has implemented bike lanes, bike boxes, cycle tracks, sharrows, and bicycle boulevards all in an effort to safely integrate cyclists and motorists into the same commuting space. While these efforts have produced positive results, vulnerable cyclists are still subject to debilitating injuries caused by drivers unaware of their presence, or right-of-way laws. If you have been seriously injured in a bicycle accident, you need the assistance of an experienced Portland bicycle accident attorney.
Seeking Insurance Coverage for Medical Bills after a Bicycle Accident
If you have been injured in a bicycle accident where the car driver is at fault, then the first $15,000 (currently the Oregon-mandated minimum) of your medical bills will be covered by the personal injury protection (PIP) coverage in your own auto insurance policy if you have one. It does not matter that you were not driving your car at the time of the accident. If your medical expenses exceed that limit, or you do not have car insurance, then your private health insurance will pay the cost of your medical treatment. If you are completely uninsured then you will be covered by the at-fault driver’s PIP coverage up to its limit. The car driver’s liability insurance will cover additional costs up to its policy limits.
If your medical expenses and other losses exceed the liability limit of the driver’s insurance then you may be able to collect additional insurance through your motor vehicle Underinsured Motorist coverage. Seeking coverage for your medical expenses can be a daunting proposition especially when dealing with insurance adjusters, who are aggressively representing their companies and attempting to obtain the lowest possible settlements. If you have been involved in a bicycle accident where your medical expenses exceed the limits covered by PIP insurance, then you need to review your case with an experienced Portland bicycle accident lawyer. Experienced law firms, like Mayor Law, LLC can help you maximize your financial settlement while protecting your rights under the states law.
Frequently Asked Questions (FAQs)
We invite you to read answers to some of the most commonly asked questions by clicking on the links below. To speak with a knowledgeable Portland, bicycle law firm about your personal situation please contact our Portland law firm at (503) 610-0005.
What if the costs associated with my bicycle accident are less than $10,000? Is there a way of dealing with the insurance company and at-fault party without incurring significant legal costs or hiring a bicycle accident attorney?
Answer: Yes. Insurance companies often deal with small claims (less than $10,000) by presenting a low or no settlement offer, with a take it or leave it negotiating strategy. They know it is difficult for anyone to retain and pay for legal representation on a small claim. To counter this strategy Oregon created ORS 20.080, a law which provides the means for injured parties with claims less than $10,000, to seek an equitable settlement for documented medical costs, property losses, and other costs such as lost wages. If the at-fault party, or their insurance company, refuse to settle and pay your documented expenses, then you have the right to litigate or arbitrate a settlement with one very big benefit. You can retain an attorney to represent you, with applicable attorney fees and court costs paid by the other party in addition to any settlement paid to you. The process is fairly simple and works like this:
- You or your attorney will serve a written demand for damages, up to $10,000.00, on the at-fault person and the at-fault person’s insurance company. The demand must cite ORS 20.080, include proof of damages (i.e., medical records, medical expenses, repair bills, etc.), and provide the at-fault party thirty days to settle.
- If after thirty days the person who caused the accident does not respond or refuses to settle, the personal injury claimant can file a lawsuit against the at-fault party.
- If the injured person recovers anything (even one dollar), the at-fault party must pay the amount awarded by the arbitrator or court, as well as the injured party’s attorney’s fees and court costs.
- If the at-fault party responds with an offer to settle that is less than what was demanded and the injured party files a lawsuit, the personal injury claimant must beat the offer at arbitration to receive attorney’s fees.
- It is the risk of having to pay the injured person’s court costs and attorney’s fees on top of the damage award that makes insurance companies and their insured’s take claims made under ORS 20.080 seriously. Experienced law firms, like Mayor Law, LLC can assist you to attain an equitable settlement and deal with the complexities of insurance issues and procedures, liability issues, and protect your rights.
Do I need an attorney to help me if my bicycle accident injuries are significant?
Answer: Because cyclists are “vulnerable road users”, i.e. not protected as a car driver would be, you might expect that even a minor auto accident could result in significant injuries to an unprotected cyclist – and you would be right. Cycling is the leading cause of sports-related head injuries. While football head injuries capture the news headlines, cycling accidents account for far more Traumatic Brain Injuries each year which can lead to significant medical costs, lost wages, rehabilitation, and many other costs associated with recovery from your injuries. In order to protect your rights, effectively deal with insurance issues, and seek the best financial settlement you should review your case with an experienced Portland bicycle accident attorney.
Can I buy insurance to cover potential risks I may incur while cycling?
Answer: Yes. Purchasing Bicycle Accident Insurance is a very smart and cost-effective way of gaining coverage, especially if you do not have automotive insurance or if you only have the Portland-mandated minimum coverage. Speak to a Portland car accident attorney to give you further direction on auto insurance. For example, a typical bicycle insurance policy can be purchased for under $25 per month that provides $100,000 worth of liability coverage (covers the injuries or property damage you may cause to a bother people for which you are held legally liable), $10,000 worth of medical coverage and $25,000 worth of vehicle contact protection (think of this as coverage for a hit-and-run accident or been struck by a driver who doesn’t have insurance or enough coverage to pay for your injuries). This type of policy will also cover damage to your personal property (bike, spare parts, clothing, etc…).
Contact a Portland Bicycle Accident Attorney And Get Results
At Mayor Law, it is our goal to help people who have been injured in a bicycle accident achieve justice and restore their lives. Portland bicycle accident attorney Travis Mayor will help you by reducing the hassles and inconvenience while you recover and maximizing your financial compensation. Travis Mayor has recovered millions of dollars for his bicycle accident clients. For every client, Travis offers personal service with proven results.
Relevant Articles From the Mayor Law Blog
Bicycle Accident Injuries: What to watch for
Mayor Law’s Ultimate Guide to Bicycle Safety in Portland, OR
Stay Safe While Cycling: Bicycle Accident Prevention Tips To Know