Among all transportation modes, motorcycles have the highest accident death rate – motorcyclists are 28 times more likely to die in an accident and four times more likely to sustain an injury.
Over the last decade, motorcycle accident fatalities have increased by 20%, implying a higher degree of danger for motorcycle riders. Many of these accidents are due to not following the laws about motorcycles. This article aims to help prevent motorcycle crashes and act wisely when such accidents happen.
Oregon Motorcycle Laws
Operating a motorcycle without a proper motorcycle endorsement is considered a Class A traffic violation. According to studies by the National Center for Statistics and Analysis, 30% of motorcyclists involved in fatal collisions in 2019 did not have a valid motorcycle endorsement.
Oregon Red-Light Law
Steady/Circular Red: In Oregon, a steady red signal translates into “stop and remain stopped” until the light turns green.
After you completely stop the motorcycle, check for signs or officers that might prohibit turning on red. If there are no pedestrians, cyclists, or other vehicles around you that have the right of way, and if your driving wouldn’t cause any danger, then you may follow one of the below steps:
- Turn right if you’re entering a two-way road.
- Turn right or left (depending on the direction of the road) if you’re entering a one-way road.
Flashing Red or Dark Signal: Treat this the same way you would treat a stop sign.
Red Arrow: While the steady red requires all traffic in the lane to stop, the red arrow controls only traffic moving in the direction of the arrow (i.e. the motorcyclist cannot make the turn indicated by the arrow until the signal changes.
Oregon Distracted Driving Law
According to Oregon’s basic law, ORS 811.507, it is illegal to operate a motorcycle while holding and using a cell phone, tablet, GPS, iPad, laptop, or any other type of mobile electronic device (i.e. distracted driving).
“Distracted Driving” poses serious risks not only to the motorcyclist but also to the passengers, pedestrians, and other non-occupants. From 2017-2021, distracted driving resulted in as many as 26,264 crashes in Oregon (with 194 fatalities and 24,264 injuries).
A first offense that doesn’t result in a crash classifies as a Class B violation and is subject to a fine of a maximum of $1,000. A second offense or a first offense that leads to a crash classifies as Class A violation, with a higher maximum fine of $2,000. While two offenses can be compensated for with a fine, a third offense in ten years could result in 6-months jail term and a maximum fine of $2,500.
Motorcycle Helmet Law
In Oregon, motorcycle operators and passengers are required to wear a motorcycle helmet when riding. Helmets protect not only from injury and death when in an accident, but also from insects, bugs, debris, wind, and other elements that might disturb the motorcycle operator and/ or passengers. Wearing a helmet is a requirement regardless of the ride duration.
Regardless of which helmet type you choose (full-face, three-quarter, and half), make sure the helmet has no defects that might put you at risk and ensure the helmet is DOT compliant by checking if it has a label attached to it that specifies “the manufacturer’s name and/or brand, model, and says DOT, FMVSS No.218, CERTIFIED.”
Also, make sure the helmet fits comfortably, with no gaps between the brow pads and your temples, and with cheek pads touching your cheeks without causing any discomfort.
Additionally, try not to remove the helmet or any other piece of protective gear after the accident. The adrenalin following the shock of the injury might prevent you from noticing any injuries or feeling pain. Therefore, wait until the paramedics arrive to avoid exacerbating injuries.
Lane Splitting Laws
Riding a motorcycle between lanes of traffic (aka lane-splitting) is illegal in Oregon. You should avoid riding between rows of stopped or moving vehicles.
Although Oregon law allows motorcycles to ride side by side in a single lane, it is not safe to do so. To operate securely, a motorcyclist requires the full use of a lane.
To prevent others from disrupting your driving and sharing your lane, try to ride in the center part of your lane, thereby ensuring enough space to operate securely.
Oregon Motorcycle License Requirements
Key Oregon Motorcycle license requirements include the following.
- Have a valid driver’s license from Oregon.
- Be at least 16 years old and provide proof of parental/guardian consent in case you are under 18.
- Complete a Team Oregon motorcycle rider education course. Depending on which Team Oregon course you complete, “you may be required to take and pass the DMV motorcycle knowledge test”.
Motorcycle Insurance Requirements
Studying Oregon road rules and motorcycle riding regulations helps avoid both traffic violations and health risks. Oregon does not allow motorcyclists to operate a motorcycle without liability coverage. Motorcycle riders must meet the following minimum insurance requirements:
- Bodily injury and property damage liability
- $25,000 per injured person (i.e. if you cause an accident, your insurance will cover up to $25,000 for medical expenses for each injured person. If their medical expenses pass the $25,000 limit, you might have to take care of the additional expenses by yourself).
- $50,000 per single accident for bodily injury to others
- $20,000 per single accident for damage to others’ property
- Personal injury protection (PIP)
- $15,000 per each involved person for their medical bills
- Uninsured motorist (i.e. if you’re in an accident caused by someone who doesn’t have valid insurance)
- $25,000 per individual injured in your vehicle
- $50,000 for total bodily injuries per single accident
You will need to provide your insurance policy number when you register a vehicle and when you purchase a light vehicle trip permit.
Oregon Operates Under a Fault-Based Insurance System
Oregon follows a traditional fault-based system. This means that the at-fault driver has to take care of the damages. Only 12 states in the US follow the no-fault insurance system where they require motorcyclists to purchase personal injury protection (PIP) coverage. In these 12 states, the individuals responsible for the accident do not have to pay for the damages that the victims suffer. In these states (e.g. New York, Hawaii), each party files a claim with their respective insurance company to claim compensation.
Drivers in Oregon need to have a minimum 25/50/20 liability insurance plan, which means they need to follow the motorcycle insurance requirements outlined in the above section. Personal Injury Protection, Uninsured Motorist, and Underinsured Motorist (UIM) coverage are also a must.
To get compensation under the fault-based system, motorcyclists in Oregon need to choose one of the options below:
- claim with the at-fault driver’s insurance;
- file a claim with their insurance, if possible;
- file a personal injury lawsuit in the civil court in Oregon.
To understand which option is best for a particular case, it is recommended to consult professional attorneys who specialize in these matters.
Types of Damages Available in a Motorcycle Accident Case
Damages in a motorcycle accident case might range from emotional distress, head injuries, and disfigurement, to medical costs, funeral expenses, lost wages, and so forth.
Damages are usually grouped into two main types: compensatory and punitive.
- Compensatory damages aim to reimburse the victim of the motorcycle accident (e.g. compensate for property damage, lost wages, loss of enjoyment of life, medical bills, etc.).
- Punitive damages aim to punish the at-fault rider, especially for severe and unlawful behavior, to prevent future unlawful attitudes.
Statute of Limitations for Motorcycle Accidents in Portland, Oregon
The statute of limitations refers to the timeframe within which you can make your claim. This varies from state to state.
In Oregon, the statute of limitations for a motorcycle accident claim is two years for personal injury claims. Property damage claims are much longer, 6 years, with the time limit starting from the exact day of the accident.
Regardless of the severity of the accident, it is always better to work with an experienced attorney who knows the state-specific regulations and can help guide you through the entire legal process, from personal injury claim to victory.
Specialists in Portland Legal Group will help you understand the road rules for motorcycles in your state, the nuances of the insurance plans, and the specifics of your situation, so you are better prepared for any cases in court.
