As of 2022, there are more than 140,000 registered motorcycles in Oregon. This means thousands of bikers enjoy the open road in the state at any given time.
Sadly, the open road also means several motorcycle accidents throughout the state. If you ride a motorcycle and someone crashes into you, you must know how the law works to be compensated.
Oregon follows modified comparative negligence laws, determining who pays for damages after a crash. This system is called the 51% rule and can significantly impact your accident claim.
What Is the 51% Rule?
The 51% rule is a legal standard that helps assign fault in personal injury cases. These cases include those filed after a motorcycle accident.
Under this rule, the victim can recover damages if they are 50% or less to blame for the accident. However, if the victim’s share of fault is 51% (or higher), they cannot claim compensation.
If the fault percentage is lower than 50%, the victim can demand a settlement amount, but their percentage will be subtracted.
So, if you are 20% to blame for the crash and your damages are $100,000, you can only get $80,000.
How Is Fault Determined in Oregon?
Evidence and legal analysis are required to establish fault after a motorcycle accident. This can take many forms, including:
- Police reports. The official police report provides initial observations and witness statements. These can help determine who is to blame for the accident.
- Eyewitness testimony. Those who were at the scene but not involved can provide their statements. This will also influence fault determination.
- Physical evidence. After a motorcycle accident, there will be a motorcycle and vehicle damage. There may be injuries and skid marks on the road. This all counts as physical evidence that must be noted.
- Traffic laws. If there is a traffic violation, like speeding or running a red light, it will also play a role in assigning blame.
Insurance companies and lawyers use this evidence to prove fault percentages. If the personal injury claim is unresolved outside of court, a judge or jury will use the evidence to decide the outcome.
How Motorcycle Accidents Happen
There are many reasons that motorcycle accidents happen. Some of the most common scenarios include:
- Left-turn accidents. Sometimes, a driver turning left at an intersection will not see an oncoming biker. This can result in a crash, especially if the driver does not yield and is speeding. In this case, the driver may be 70% at fault and the biker 30%. This means the biker can still claim compensation.
- Lane splitting. Lane splitting is common practice in Oregon, albeit illegal. If an accident involves a biker splitting lanes, the biker’s fault percentage may increase. If the car driver involved in the accident did not check mirrors and blind spots, they could also be deemed at fault.
- Rear-end collisions. Sometimes, cars rear-end motorcycles for various reasons. The motorcycle may have stopped abruptly, or the brake lights may not have worked. Either way, the biker will be assigned partial fault.
- Single-vehicle accidents. A motorcycle accident can also happen without another car being involved. A motorcycle may hit a pothole or unmarked speed hump. In this scenario, fault may be assigned to the relevant government entity. But, the biker’s actions (speeding or distracted driving) will also be considered.
Insurance Companies and the 51% Rule
Bikers usually face challenges when claiming compensation (because of the 51% rule). The insurance company of the at-fault party may be biased against the biker. This means they may assign a higher fault percentage to the biker.
Bias typically means that bikers are considered risk-takers on the roads, even if the biker filing the claim rides responsibly.
To counter this bias, you must document the accident scene immediately (if possible). Take photos of the damage to your motorcycle and the other vehicle. If you are injured, take photos of the injuries. Ask witnesses for their contact information to get a statement from them.
If you know you followed the road rules before the accident, take photos and videos of nearby traffic lights or damaged infrastructure. It can help reduce your fault if traffic lights or infrastructure is damaged.
After being checked by a doctor and reporting the accident to your insurer, you should contact a personal injury lawyer. Your lawyer will help minimize bias against you and negotiate for a settlement on your behalf.
Also, the statute of limitations in Oregon is two years from the accident date. You may lose the right to seek compensation if you do not file a claim within this deadline. If your claim is against a government entity, you only have 180 days to file.
How to Stay Safe on the Roads
Accidents are not always avoidable, but you can reduce your risk of fault by:
- Always wearing high-visibility gear. Motorcycles are less visible on the road because of their smaller size. Make your motorcycle ‘bigger’ by adding reflective materials and wearing bright, high-visibility clothing.
- Driving defensively. Defensive driving is not only for car drivers. You should anticipate other drivers’ actions whenever you are on your bike, and you must always keep a safe distance.
- Maintaining your motorcycle. If your bike is in bad condition, it becomes a hazard on the road. Have your bike serviced, and replace lights, brakes, and tires whenever necessary.
- Avoiding risky driving. Do not speed or weave through traffic, even if you are in a hurry. Do not suddenly change lanes without warning. If you do these things and get into an accident, it will increase your fault percentage.
- Following the rules of the road. Riding a motorcycle does not mean you should not obey the rules of the road. You must stick to speed limits, obey traffic signals, and stop at red lights.
The 51% Rule Can Make or Break Your Accident Claim
Knowing how the 51% rule in Oregon can affect your personal injury claim is important. If you are reckless on the road, chances are your fault percentage will be above 51%. The only way to protect yourself in an accident is to drive safely and responsibly and get all the necessary evidence together.
A lawyer can help you through this process and potentially help you reduce your fault percentage where possible.
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