Oregon Pedestrian and Bicycle Accident Laws: Protecting Your Rights After an Injury

Bicycle and pedestrian accidents frequently cause serious injuries because there is nothing that can protect you from the force of the impact. The Oregon pedestrian and bicycle accident lawyers at Schauermann Thayer fight for you when you have been harmed by someone else’s carelessness. 

Your legal rights revolve around your ability to recover financial compensation when the driver was at fault for your accident. However, there are a number of threats to your legal rights, and you need to be proactive as soon as possible. The best step that you can take is to enlist the help of an experienced attorney right after your accident.

Call the determined attorneys at Schauermann Thayer at any time to discuss your accident. Our lawyers are standing by and ready to fight for you at every step of the way.

Oregon Roads Are Getting More Dangerous

Both serious pedestrian and bicycle accidents have been on the rise in Oregon in the last several years. In 2022, the rate of pedestrian accident fatalities in the state increased by a whopping nearly 50%. Even though Oregon is thought of as a bicycle-friendly state, statistics show that transportation-related deaths in the state have increased sharply in recent years. If you or a loved one has been injured in a bicycle or pedestrian accident, you may be entitled to substantial financial compensation. However, your legal rights may be under attack at all times before any money actually finds Its way into your account.

The Insurance Company May Compromise Your Right to Full Financial Compensation 

The insurance company is generally the one you need to protect your rights from after you or a loved one has been injured in a pedestrian or bicycle accident. Your legal right to financial compensation only comes about after you are able to prove that someone else was to blame for the accident. There are many hurdles that you must overcome in the meantime before you can establish any legal right to protect.

Oregon pedestrian and bicycle accident laws provide that you are legally entitled to full financial compensation for your injuries when you can prove that the driver involved was to blame for what happened. Before you can even receive a settlement offer, you have the affirmative burden of proof to show that the driver was negligent. You must come forward with evidence that proves that the driver departed from the standard of care that was expected of them under the circumstances. 

The best thing that you can do to both establish and protect your legal right to financial compensation is to contact a personal injury lawyer immediately. It is not paranoia by any stretch to suggest that the insurance company is out to get you. They know that they may need to pay you a considerable amount of money, and they will do anything possible to avoid that outcome. They have an entire arsenal of weapons that they are prepared to use against you, but it is far more difficult for them to do it when you have an experienced personal injury attorney on your side.

The Insurance Company May Try to Blame You for the Accident

Oregon bicycle and pedestrian accident laws can be a double-edged sword that the insurance company may try to use against you. Like many states, Oregon uses a modified comparative negligence system to address compensation when you may have been partially to blame for the accident. State law prohibits you from recovering any compensation when you are more than 50% to blame for the accident. Even if you bear less than half of the fault, your compensation would be reduced by the amount of blame apportioned to you. The insurance company knows this law full well, and they often try to blame the accident victim for what happened.

Your pedestrian or bicycle accident lawyer may need to defend you every bit as much as they try to take the fight to the insurance company. Your attorney may need to present your own evidence that shows what you did, in addition to proof that details the driver’s actions. If you are not able to successfully rebut allegations made against you, it could result in a reduction of your financial compensation. 

Another way that a bicycle or pedestrian accident lawyer protects your rights is by helping you learn the value of your claim. Full compensation means payment for all of the harm that you suffered, regardless of whether it is an actual financial loss or more subjective damage, such as pain and suffering. If you do not know how much your claim is worth, you cannot fight to get every dollar you deserve. 

Contact an Oregon Pedestrian and Bicycle Accident Law Firm Today

Schedule a free initial consultation with the tenacious personal injury attorneys at Schauermann Thayer when you need a formidable fighter in your corner. You can discuss your case and learn more about the next steps by calling us today at 360-818-2725. You pay us nothing upfront, and there is no charge to you at all unless you win your case.