Portland is a bike-friendly city. The city has terrific paved paths, including Tilikum Crossing, the Springwater Corridor, and the Classic Waterfront Loop. If you’re interested in off-road biking, you can hit the Gateway Green, Forest Park, or Rocky Point. Bottom line: There is no shortage of amazing trails to enjoy as a cyclist.
Of course, as a cyclist, you need to take extra precautions. Every bike ride comes with a risk of a spill. That risk increases when you’re navigating through traffic.
Who is liable for a bicycle accident involving a motor vehicle? As with any type of bicycle accident, it depends on the circumstances. One thing is for sure: if you’ve been injured while riding your bike because of a driver’s negligence, you’re entitled to seek a remedy. That can include compensation for medical bills, damage to your bike, and lost wages.
Determining Fault in Collisions Between Bicycles and Cars
The only way to determine fault in an accident is with a thorough investigation. That begins with asking whether anyone broke any Oregon traffic laws. These rules, as the Oregon Driver Manual summarizes them, are useful for every driver and cyclist. Oregon law defines a bicycle as a vehicle. That definition extends to e-bikes, too, except when otherwise specified by statute. House Bill 4103 took effect on January 1, 2025, and bans e-bikes from sidewalks.
These are the basic laws directly from the manual about bikes that drivers must follow:
- Do not drive or park in a bike lane. You may cross a bike lane when turning or when entering or leaving an alley, driveway, or private road.
- Do not move into or travel in a bike lane in preparation for a turn.
- You must yield to people riding bicycles in a bike lane or on a sidewalk before you turn across the lane or sidewalk.
- You must yield to people riding bicycles at intersections the same as you do for other types of vehicles.
- At speeds greater than 35 mph, you may only pass a person riding a bicycle traveling in your lane when it is safe to do so and if you leave enough distance to prevent contact with the person riding a bicycle if they were to fall.
- The same rules for passing other vehicles apply to passing people riding bicycles. If you cannot pass safely, you must slow down and remain behind the bicycle until it is safe to pass.
If it can be established that the driver violated any of those laws, it can clearly indicate liability.
Common Scenarios Leading to Motorist Liability in Bike Crashes
When you file an accident claim, you have to explain exactly what happened. It can’t just be “The car crashed into me.” Establishing the accident scenario also points to who can be held responsible. Which of these common scenarios caused your bike accident?
The Right Hook
It’s a powerful boxer’s punch. It can also cause a serious bike accident when a driver goes past a cyclist and then turns right directly across the bike’s path. The cyclist has no time to stop, resulting in a T-bone collision.
Dooring Incidents
When a dooring accident happens, the fault often belongs to the person who opened the car door. If that parked motorist opens a car door straight into an oncoming cyclist’s lane, they will be liable.
Left-Turn Collisions
A motorist turns left at an intersection and strikes an oncoming cyclist going straight.
Unsafe Passing
A driver misjudges clearance and sideswipes a rider while overtaking them.
Intersection Failure to Yield
A driver runs a red light or stop sign, cutting off a bike.
Distracted Driving
A driver using a phone, eating, drinking, or checking their GPS pulls their eyes off the road. That’s how riders get hit.
When a Cyclist May Share Liability for a Roadway Accident
Just because someone is riding a bike and might be more vulnerable doesn’t mean they’re never liable for a roadway accident. Many scenarios can make the cyclist at fault. For instance, if they run a red light or ignore a stop sign and collide with a car, the cyclist bears the same responsibility a driver would.
As a recognized vehicle, a bicycle needs to go with the appropriate flow of traffic. If a cyclist travels on the wrong side of the road against the flow of traffic, it can lead to an accident. Imagine a car driving on the wrong side of the road. Same thing.
Although they might not have an electric turn signal, bicyclists are supposed to use hand signals when turning or stopping. How else is a car driver supposed to know when a cyclist is changing lanes or making a turn?
How Oregon’s Modified Comparative Negligence Impacts Your Claim
Oregon follows a modified comparative negligence system. That allows you to recover compensation for an accident injury as long as your share of fault is 50% or less. That helps if there is legitimate shared liability, but it also opens the door for an insurance company to shift some blame onto you.
Just because an insurance company declares you’re to blame doesn’t mean you have to accept that ruling. You can bring in a skilled attorney to help sort out who was actually at fault.
The legal team at the Dozier Law Group has helped many cyclists hold drivers accountable for their actions. We understand how traumatic an accident can be and want to help you find a fair, fast resolution. If you’re not responsible for the accident, you should not have to pay for your damages.
Contact Dozier Law Group today to discuss what happened in your biking accident. Let’s find out together what should happen next.