Bicycle Injury Lawyer
Brad Schrock is a Portland and Beaverton bicycle injury lawyer. Brad grew up riding bicycles extensively, and has never given it up. He understands issues faced by bicyclists on the roads. And he understands the insurance framework relating to medical coverage for injuries to bicyclists. As with all types of personal injury cases, Schrock Law Office aims to maximize recovery for the client, according to the strategy mutually developed with the client.
An injury to a pedestrian where another vehicle driver is at fault are also types of cases that Schrock Law Office handles. There are Oregon statutes, such as cross-walk laws, that relate to the evaluation of this type of case.
There are some particular bicycle laws that are of general interest.
Helmet Laws: In Oregon helmets are required for riders under 16 years of age. However, Schrock Law Office recommends always using a helmet, even if not required.
Failure to Use Bicycle Lane, ORS 814.420. This statute states:
(1) Except as provided in subsections (2) and (3) of this section, a person commits the offense of failure to use a bicycle lane or path if the person operates a bicycle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.
(2) A person is not required to comply with this section unless the state or local authority with jurisdiction over the roadway finds, after public hearing, that the bicycle lane or bicycle path is suitable for safe bicycle use at reasonable rates of speed.
(3) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:
(a) Overtaking and passing another bicycle, a vehicle or a pedestrian that is in the bicycle lane or path and passage cannot safely be made in the lane or path.
(b) Preparing to execute a left turn at an intersection or into a private road or driveway.
(c) Avoiding debris or other hazardous conditions.
(d) Preparing to execute a right turn where a right turn is authorized.
(e) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.
(4) The offense described in this section, failure to use a bicycle lane or path, is a Class D traffic violation. [1983 c.338 §700; 1985 c.16 §338; 2005 c.316 §3]
Improper Lane Use, ORS 824.430. This statute states:
(1) A person commits the offense of improper use of lanes by a bicycle if the person is operating a bicycle on a roadway at less than the normal speed of traffic using the roadway at that time and place under the existing conditions and the person does not ride as close as practicable to the right curb or edge of the roadway.
(2) A person is not in violation of the offense under this section if the person is not operating a bicycle as close as practicable to the right curb or edge of the roadway under any of the following circumstances:
(a) When overtaking and passing another bicycle or vehicle that is proceeding in the same direction.
(b) When preparing to execute a left turn.
(c) When reasonably necessary to avoid hazardous conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or other conditions that make continued operation along the right curb or edge unsafe or to avoid unsafe operation in a lane on the roadway that is too narrow for a bicycle and vehicle to travel safely side by side. Nothing in this paragraph excuses the operator of a bicycle from the requirements under ORS 811.425 or from the penalties for failure to comply with those requirements.
(d) When operating within a city as near as practicable to the left curb or edge of a roadway that is designated to allow traffic to move in only one direction along the roadway. A bicycle that is operated under this paragraph is subject to the same requirements and exceptions when operating along the left curb or edge as are applicable when a bicycle is operating along the right curb or edge of the roadway. 7/23/2013 19
(e) When operating a bicycle along side not more than one other bicycle as long as the bicycles are both being operated within a single lane and in a manner that does not impede the normal and reasonable movement of traffic.
(f) When operating on a bicycle lane or bicycle path.
(3) The offense described in this section, improper use of lanes by a bicycle, is a Class D traffic infraction. [1983 c.338 §701; 1985 c.16 §339]