In Oregon, cyclists who have been injured in an accident caused by someone else have the ability to pursue financial compensation. By filing an insurance claim or lawsuit, these victims can recover compensatory damages for medical care, property damage, pain and suffering, and more.
To prove a bicycle accident case, however, you will need to show that the other party truly caused your accident. In these situations, having a witness testify on your behalf can go a long way in establishing your right to recovery.
Like most states, Oregon follows a fault-based standard when it comes to collisions on its roads. If someone’s negligence leads to a collision, he or she is financially responsible for any damages that occur in the accident. Victims, including other drivers, pedestrians, and cyclists, can pursue insurance claims or lawsuits against the at-fault party.
To secure compensation in a bicycle accident claim, you will need to show that the at-fault party breached a certain duty of care and caused your accident and injuries. For example, say that you are hit by a driver who runs a stop sign while you are cycling across an intersection.
Drivers have a duty to follow traffic laws. Running a stop sign violates that duty of care. If the driver had stopped at the sign, the accident probably wouldn’t have happened, and you would not have been injured. As a result, the driver is liable for the losses that you suffered.
Proving that the other party was responsible for your bicycle accident is critical in recovering compensation. While there are several ways that you could prove liability, having a witness provide his or her version of events can be very powerful.
A witness can be any person who saw your bicycle accident occur, such as passengers in the at-fault driver’s vehicle, other motorists, and pedestrians who were in the area at the time. These individuals can help corroborate your version of events and detail exactly how the accident occurred.
These first-hand accounts can help you establish the driver’s liability and prove your right to recovery. Additionally, having accounts from several eyewitnesses could also increase the likelihood of a settlement. If a neutral third party provides his or her own account of what happened, the insurance company may be less inclined to fight against your claim.
If your case goes to trial, these witnesses may also testify on your behalf. Their statements can be critical in proving that you were not at fault for the accident and, most importantly, that the other driver was responsible.
If you’re involved in a bicycle accident, it can be difficult to know what to do next. In these situations, it is important to work with an Portland bicycle accident attorney who can help you obtain fair compensation for your losses.
After your accident, seek medical attention as quickly as possible. If you are able, collect evidence by taking photographs and speaking to any witnesses who can testify on your behalf. Then, contact a Portland bicycle accident lawyer to discuss your next steps.