Bicycle and pedestrian accidents are all too common in Oregon, especially in our larger cities. These cases differ from a standard motor vehicle collision, and those differences matter.

If you have been hit while walking or riding a bike, the laws that apply are more complex than most people realize. Insurance companies know this. They often try to shift blame onto the injured person. Having the right legal knowledge can make the difference between a fair recovery and a reduced or denied claim.

Competing Rules for Pedestrians

When a pedestrian is in a marked crosswalk, Oregon law generally gives that person the right of way. Drivers must yield.

At the same time, another rule requires every person to look out for their own safety. Even if you have the right of way, you still have a duty to watch for cars that may run a red light or fail to stop.

These two rules often work against each other. The result is a comparative negligence analysis. A jury may be asked to decide what percentage of fault belongs to the driver and what percentage belongs to the pedestrian.

Insurance companies routinely use this tension to argue that the injured pedestrian was at fault in whole or in part. Because in Oregon, if a claimant is more than 50% at fault, they cannot recover anything at all, insurance carriers often push this argument. We have handled many of these cases, particularly those involving right turns on red in crosswalks. With the correct legal approach, those finger-pointing arguments can be shut down effectively. Without a clear understanding of the statutes and the case law that interprets them, it becomes an uphill battle.

How Bicycle Laws Work in Oregon

Bicycles are treated as vehicles under the vehicle code, but not every vehicle rule applies the same way.

If a traffic law can reasonably apply to a bicycle, it usually does. For example, cyclists must stop at stop signs and red lights. Other rules, such as certain equipment requirements designed only for cars, do not apply in the same way. Nobody is expected to wear a seatbelt on a bicycle, after all.

There are also situations where behavior that would be clearly improper for a car can be justified for a bicycle. Riding the wrong direction on a two-way street is one example. Under the right circumstances, a cyclist may have valid reasons that a motorist would not. These nuances require careful analysis of both the vehicle code and the case law that applies it to bikes.

Why Focused Representation Matters

These cases are not simple. The competing statutes, the comparative negligence issues, and the specific rules that apply to bicycles create traps for anyone who does not handle this work regularly.

Even other attorneys who practice in different areas of law often find these rules confusing. We regularly hear from lawyers who need clarification on how the statutes interact or how courts have interpreted them.

When your health, your ability to work, and your financial recovery are on the line, you need someone who understands these details thoroughly and knows how to use them to protect your claim.

What You Should Do After a Bicycle or Pedestrian Accident

• Seek medical care right away and follow through with treatment.
• Document the scene with photos if you are able.
• Get the names and contact information of any witnesses.
• Do not give a recorded statement to the other driver’s insurance company without speaking to a lawyer first.
• Contact an experienced Oregon personal injury attorney who regularly handles bicycle and pedestrian cases.

At Dwyer Williams Cherkoss, we have spent years handling these exact cases. We know the statutes. We know the arguments insurance companies make. And we know how to build strong claims that protect injured pedestrians and cyclists.

If you or someone you love has been hit while walking or riding a bike in Oregon, reach out. We offer free consultations, and we only get paid if we win for you. You can focus on healing. We will focus on protecting your rights.

Contact us today at (800) 285-8678. We are ready to listen and ready to help.