Bike Law in Oregon

Portland has become one of the best places to bike in the world.  That's not just this rider's opinion, it's also the finding of Virgin Vacations which placed Portland second -- behind only Amsterdam -- on its list of bike friendly cities.  (http://www.virgin-vacations.com/site_vv/11-most-bike-friendly-cities.asp)  Portland's climate can be a challenge for biking, but the rides in Forest Park, on Mt. Hood, along the Deschutes, and many others make it worth braving the cold and rain.

Generally, cyclists have the same rights and obligations as other users of the road.  Thus, for instance, a bike has the right to use a full lane of traffic, and usually has the right to cross intersections under the same rules as a car does.

Cyclists are treated differently that motor vehicles, however, when bike paths or sidewalks are involved.  When there is a marked bike path, cyclists are required to use the path rather than the road.  On sidewalks, the following applies:

(1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following:


(a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard.

(b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

(c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property.

(d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles at places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic.

(e) Operates an electric assisted bicycle on a sidewalk.

(2) Except as otherwise specifically provided by law, a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk.

(3) The offense described in this section, unsafe operation of a bicycle on a sidewalk, is a Class D traffic violation. [1983 c.338 Sec.699; 1985 c.16 Sec.337; 1997 c.400 Sec.7; 2005 c.316 Sec.2]


Unless one of the situations described in the statutes is involved, resolution of bike vs. car accidents comes down to negligence -- who was being reasonably careful under the circumstances.

We hope this helps.  Ride carefully.

How many civil trials are there in Oregon

Most people, including most lawyers, are shocked by how few civil jury trials occur.  During the first part of a trial, where the attorneys ask potential jurors questions about their views, the attorneys will sometimes ask how many civil trials the jurors think there are in the county each year.  Jurors often respond that there are probably 1,000 or even 10,000 civil trials.  In fact, where we often try cases -- in Multnomah County and Clackamas County -- there are often only 40-60 civil jury trials each year.  That's about one trial a week in counties with hundreds of thousands of people.

In many ways, of course, the paucity of trials is a good sign.  The claims that aren't being tried are instead being settled -- to each side's satisfaction if not delight.  Studies have shown that most litigants regret having gone to trial.

But the disappearance of civil jury trials also has a negative side.  Many people settle cases not because they're satisfied with an offer but because going to trial costs too much -- especially if you need to pay experts to testify.  For those of us who respect the trial process, and especially the gathering of disinterested jurors to spend their valuable time deciding a dispute and helping their community, trials are one great civic exercizes.

There has been talk within the bar about simplifying some trials so that they're less expensive and more common.  We hope these reforms are made. 

Part of the concern is that with fewer trials there will also be fewer attorneys who know haw to try cases.  Incidentally, we've tried nearly 10% of the civil trials in the local counties during the past twelve months.

 

What is a Deposition?

A deposition is a statement taken under oath during the discovery (fact-finding) phase of a lawsuit. Usually, an attorney representing an opposing party will ask questions about a witness' background and about facts related to the lawsuit.

If the witness has an attorney, the witness' attorney should prepare the witness by explaining the deposition ground rules and by representing the witness at the deposition.

A court reporter attends the deposition and takes verbatim notes, which then become a transcript for use at trial.

What Should I Do if I'm in an Auto Accident?

Five things:

First, if you are seriously injured and have any trouble moving around, do nothing and wait for help to arrive.  You can make injuries worse by over-exerting yourself in this situation.

Second, if you are able to move around, call for help and exchange names, license numbers and insurance information with anyone else involved in the accident.  If another driver doesn't have a valid license or insurance information, report this to 911 and get as much information -- VIN numbers, license plate numbers, etc. -- as you can.

Third, submit a DMV report within three days.  You are required to submit a report if there is $1,500 in property damage or an injury, but you have no way of telling if the other driver is injured or how much the property damage will be.  The safe approach is to submit a report.

Fourth, get the medical care you need.  Most auto insurance policies pay for medical expenses, lost wages, and some other expenses for a year after an accident, subject to a limit on how much will be paid.

Fifth, report the accident to your insurance company.