Motorcycles leave riders vulnerable to severe injuries in a crash due to their open-air design. If you or a loved one has suffered injuries in a motorcycle crash, the Portland personal injury lawyers at Sears Injury Law are here to help you recover the compensation you deserve. Call us today at (503) 446-5127 to schedule your free consultation.
Why Choose Sears Injury Law?
For over 20 years, the compassionate Portland motorcycle accident lawyers at Sears Injury Law have been a powerful voice for motorcycle accident victims. Our firm offers the following:
- A free evaluation of your case—we can come to you if your injuries make it challenging for you to visit our office
- No fee until after we recover compensation in your claim
- A Portland accident attorney dedicated to tailoring the right strategy for the circumstances of your case so you obtain favorable results
Sears Injury Law has a history of recovering over $300 million for injured clients, putting a respected reputation behind your Portland motorcycle accident claim. Get in touch with our Portland motorcycle accident lawyers today.
Common Causes of Motorcycle Accidents In Portland, Oregon?
Motorcycle riders must follow traffic laws and ride responsibly, paying vigilant attention to their surroundings. Unfortunately, even the most careful rider cannot control the actions of drivers, which presents a serious hazard to vulnerable motorcyclists. The following driver actions cause many motorcycle accidents in Portland and the surrounding area:
- Distracted driving
- Speeding
- Failing to yield the right-of-way to a motorcyclist
- Following too closely
- Improperly passing a motorcycle
- Unsafe lane changes
- Fatigued driving
- Impaired driving
- Car-dooring, or opening a car door into the path of a motorcycle
Some motorcycle accidents are caused not by a negligent driver but by road conditions or hazards such as construction debris, potholes, obstructed signs, sandy road shoulders, or uneven pavement. In these cases, a city, state, or county road maintenance agency could be liable or partly liable for your damages. A Portland motorcycle accident attorney from our firm can help determine the liable parties in your motorcycle accident case.
What Compensation Can I Get From a Portland Motorcycle Accident Claim?
Motorcycle accidents are often painful and leave debilitating injuries. A motorcycle accident victim may face months of medical procedures, physical therapy, and rehabilitation. Some injuries have permanent consequences, including disability and scarring. Depending on the unique circumstances of each case, a motorcycle accident victim in Portland could recover compensation for damages such as:
- Past and future medical expenses
- Past and future income loss
- Lowered future earning ability
- Compensation for pain and suffering
- Compensation for catastrophic injury damages that might apply, such as permanent road-rash scarring, loss of limb, the loss of an organ, the loss of one of the senses, or loss of enjoyment of life due to disability
If you lost a loved one in a motorcycle crash, the Portland wrongful death attorneys at Sears Injury Law can help your family recover wrongful death benefits.
What if I’m Being Blamed for My Motorcycle Accident in Oregon?
Oregon has a modified comparative negligence law on the books regarding the issue of contributory fault. This means you can still recover money even if you share part of the blame, as long as you are less than 51% at fault. If you are found to be 50% or less responsible, your award will simply be reduced by your percentage of fault.
For example, if you are awarded $500,000 but are found 20% responsible, your recovery would be reduced to $400,000.
It can be especially important to have an attorney on your side if you’re being accused of sharing the blame. Your Seattle motorcycle accident attorney can respond to allegations like these appropriately and work to maintain the full value of your claim.
Who Could Be Held Liable for a Motorcycle Accident in Portland, OR?
Determining liability is one of the most critical steps in any motorcycle accident case. Identifying every liable party ensures that you can pursue compensation from all available sources, which can significantly increase the value of your claim.
Some of the most common parties who may be held legally responsible for a motorcycle accident include:
- Negligent drivers
- Trucking companies and commercial drivers
- Vehicle and parts manufacturers
- Employers
- Government agencies
- Property owners and contractors
- Insurance companies for these parties
When you hire Sears Injury Law, our legal team will make it our primary objective to maximize the value of your claim as best as we can. We won’t hesitate to file claims against everyone who shares legal responsibility for your crash.
What Is Negligence and How Do I Prove It in a Motorcycle Accident Case?
Most motorcycle accident claims in Oregon are based on the concept of negligence, which means failing to act with the care a reasonable person would exercise under similar circumstances. To win your case, you must prove four key elements:
- Duty of care: The other driver had a legal responsibility to operate their vehicle safely
- Breach of duty: They violated that duty through careless or reckless behavior
- Causation: Their actions directly caused the crash and your injuries
- Damages: You suffered losses such as medical bills, lost wages, and pain and suffering
Note that each of these elements must be proven on a “by a preponderance of the evidence” standard, which is about a 51% or higher likelihood. To establish negligence, your motorcycle accident attorney will collect critical evidence such as accident reports, traffic camera footage, black box data, and expert testimony. By building a case based on solid proof, your lawyer can demonstrate exactly how the other party’s actions led to your injuries.
How Much Does It Cost To Hire a Portland Motorcycle Accident Lawyer?
You might worry about affording an attorney after a motorcycle accident. However, most personal injury lawyers, including ours with Sears Injury Law, work on a contingency fee basis. That means you don’t pay anything up front to hire us, nor anything by the hour. Instead, we only get paid as a percentage of the verdict or settlement we win on your behalf.
This arrangement makes legal representation accessible to everyone, regardless of their current financial circumstances. It also motivates us to secure the best possible outcome for you since our payment depends on your success. If we don’t win compensation for you, you pay us nothing in terms of attorney’s fees.
How Much Is My Portland Motorcycle Accident Case Worth?
Every motorcycle accident claim is different, and the value of your case depends on a variety of factors. While there’s no set formula, your attorney will look at things like:
- The severity of your injuries and whether they are permanent
- Your medical costs, both current and future
- Lost wages and diminished earning capacity if you can’t return to work
- The level of pain and emotional suffering you’ve endured
- The strength of the evidence and the degree of fault assigned to each party
- Available insurance coverage or other financial resources
Motorcycle accidents often result in serious, life-changing injuries such as traumatic brain injuries, spinal cord damage, and multiple fractures. These cases can lead to significant compensation when they are handled effectively.
How Can a Portland Motorcycle Accident Lawyer Help With My Claim?
Recovering from a motorcycle accident can feel extremely stressful and leave you with immense uncertainty. Between medical treatment and mounting financial expenses, it’s easy to feel lost about where to turn. A motorcycle accident lawyer in Portland can step in to protect your rights and handle every aspect of your case so you can focus on your health and well-being.
Here are some of the most important ways an attorney can help you after a crash:
- Internally investigating your accident
- Determining liability
- Handling all of the insurance negotiations
- Working with experts as needed
- Calculating all of your damages
- Protecting you from accusations of blame
- Taking your case to court if necessary
Motorcycle accident cases often involve serious injuries with long-term consequences. Having a lawyer on your side can help make the process as manageable as possible while setting you up for a successful outcome as well.
How Long Do I Have To File a Motorcycle Accident Claim in Oregon?
Oregon law gives you a limited window to take legal action after a motorcycle crash. Under the statute of limitations, you generally have two years from the date of the accident to file a personal injury lawsuit in court.
If your loved one was killed in a motorcycle accident, the deadline for filing a wrongful death claim is usually three years from the date of the injury that caused the death.
Missing the applicable deadline can mean losing your right to pursue compensation entirely. However, certain exceptions may apply in some cases that could adjust the time limit in either direction.
It’s best to contact a motorcycle accident attorney as soon as possible after a crash. Your lawyer can ensure your claim is filed correctly and in accordance with all of the necessary requirements in mind.
Contact Our Portland Motorcycle Accident Attorneys Today
It’s frustrating when someone else’s actions cause you to face serious injuries with temporary or permanent adverse consequences. When a careless, reckless, or wrongful driver or other entity causes a motorcycle crash, you don’t have to face the consequences alone. Contact Sears Injury Law to speak to a motorcycle accident attorney in Portland, Oregon who is ready to be a powerful voice for justice in your case.
