If you love riding your motorcycle for pleasure or as your primary mode of transportation, you are well aware of some of the dangerous conditions in the Portland area. One of the highest-risk areas motorcyclists face is the I-5/I-205 split or the tight curves of US-26 through the Vista Ridge Tunnel.
If you or a loved one has been injured in a motorcycle accident, it is best to seek legal representation immediately. Insurance companies often want to blame injured motorcyclists for accidents so they can minimize or deny claims under the state’s comparative negligence laws. Contact our Portland, OR law office today to speak with an Oregon crash attorney to learn more about the damages you can claim after a motorcycle accident and how we can help.
Why Motorcycle Accidents Are So Severe and the Economic Damages You May Be Able to Recover
If you are like many other Portland area motorcyclists, you may enjoy riding your motorcycle in the Industrial District and then heading up NW Cornelius Pass Road. Most riders enjoy the challenge of tight S curves not far from the downtown area. But with the freedom comes risk: motorcyclists lack the structural protection offered by enclosed motor vehicles and face a higher risk of severe injuries than occupants of enclosed vehicles.
Common Motorcycle Accident Injuries
Most Portland area bikers consider the climate-friendly months of April through October the best time to enjoy the freedom of riding a motorcycle, which also coincides with an increase in accidents on high-risk corridors, including I-5, I-205, and US 26.
Some of the most commonly cited motorcycle accident injuries include:
- Traumatic brain injuries, even if the rider is wearing a helmet
- Spinal cord injuries/paralysis
- Internal organ damage
- Amputations
- Fractures and broken bones
- Severe road rash/skin grafts
Past and Future Medical Expenses
Whether you are treated at Legacy Emanuel Level I trauma center or OHSU, you most likely are dealing with unexpected medical bills and other out-of-pocket expenses. Because Oregon law has no cap on economic damages, you are free to seek full compensation for your past and present out-of-pocket costs. Examples include:
- Emergency room visits, hospital stays, and diagnostic tests
- Rehabilitation and physical therapy
- Home modifications and adaptive equipment
Lost Wages and Loss of Earning Capacity
After being involved in an accident, you may be unable to return to work, in which case you may be able to seek compensation for lost wages or diminished future earning capacity if your injuries prevent you from returning to your prior occupation.
Property Damage
Oregon has a vibrant motorcycle culture, so obtaining compensation to repair or replace your damaged motorcycle, helmet, boots, and other riding gear will most likely be a top priority.
Other Out-of-Pocket Costs
Other out-of-pocket costs often recovered by motorcycle accident victims include:
- Prescription medications and medical devices
- Transportation to medical appointments
- Home care
Non-Economic Damages in Oregon Motorcycle Accident Cases
Beyond out-of-pocket costs, you may also be entitled to recover non-economic damages after an Oregon motorcycle accident injury, including:
Pain and Suffering
Oregon law allows motorcycle accident victims to seek compensation for the physical pain they have suffered from their injuries and during their recovery period. For example, if you have suffered a catastrophic motorcycle injury, you may be entitled to substantial financial compensation for the pain you have endured.
Emotional Distress
State law also recognizes emotional distress, anxiety, fear, depression, the fear of riding your motorcycle again, and PTSD as a basis for non-economic damages.
Loss of Enjoyment of Life
Loss of enjoyment of life is compensation for when you are no longer able to maintain the lifestyle you enjoyed before you were injured, such as not being able to ride your motorcycle or participate in other activities.
Loss of Consortium
If you are married, your spouse may be eligible to file a claim for loss of companionship, intimacy, and affection.
Disfigurement and Scarring
If you suffered road rash, surgical scarring, or required an amputation after the crash, you may be eligible to pursue greater compensation through non-economic damages.
When Punitive Damages are Available
ORS 31.730 allows motorcycle accident victims to seek punitive damages if the defendant acted with a “wanton disregard” for their safety, such as if the driver who injured you was driving while under the influence or if you were the victim of road rage.
How Oregon’s Comparative Negligence Applies to Motorcycle Accidents
Oregon subscribes to a modified comparative negligence law (ORS 31.600), meaning your damages can be reduced by the percentage of fault assigned to you. You can recover damages if you are 50% or less at fault, though your percentage of fault will reduce your compensation; being 51% or more at fault bars any recovery.
Insurance providers often try to invoke comparative fault laws to blame motorcyclists for accidents, allowing them to deny or reduce payouts. For example, insurers often cite Oregon’s helmet law (ORS 814.269) as evidence of comparative fault to avoid paying full compensation.
Insurance Challenges and Steps to Maximize Your Claim
Insurance adjusters frequently offer motorcycle accident victims lower settlements based on the belief that they are to blame for the crash due to risky behaviors. Adjusters commonly use various tactics to try to minimize claims, including trying to pressure you into accepting a quick settlement before the extent of your injuries is known.
Some of the most effective steps you can take to maximize your claim include:
- Seek medical attention immediately after the accident and follow through with all recommended treatment
- Thoroughly document that accident scene, including damage to your motorcycle and gear
- Keep accurate records regarding your lost wages and medical bills
- Do not agree to provide a recorded statement to the at-fault driver’s insurance provider
- Be sure that you reach maximum medical improvement (MMI) before agreeing to a settlement
- Hire a qualified Portland personal injury attorney who has significant experience handling motorcycle accident cases
An experienced Oregon motorcycle accident attorney can challenge the insurance provider’s allegations with supporting evidence, such as witness statements, accident reconstruction, and dash-cam footage.
Tillmann Law fights for Portland motorcycle accident victims injured by careless drivers. Contact our law firm today at (855) 503-5035 to schedule a consultation.
