Staying Safe on the Road: Motorcycle Safety From a Legal Viewpoint

Motorcycles are one of the most exhilarating ways to enjoy the great State of Oregon. From Crater Lake National Park to the Haystack Rock at Cannon Beach, some places are just best experienced on two wheels. Yet, some 915 motorcycle journeys ended in an accident in 2021, accounting for 16.41 percent of all accidents in Oregon that year.

Motorcycle accident cases can be more complicated because they can result in serious injuries. You can also run into prejudice against motorcycle riders at times. It pays to take steps to keep yourself safe and avoid getting into legal trouble.

In this article, we will explore how you can explore Oregon on two wheels, stay safe, and protect your legal rights.

Wear the Right Gear

Even when riders take the utmost care, accidents can happen. Wearing the right protective gear could make the difference between being battered and bruised, catastrophically injured, or passing away.

The National Safety Council estimates that motorcycle helmets are 37 percent effective in preventing fatal injuries. That is a significant level of protection, and that’s one reason why it is the law to wear one in Oregon. The helmet must be DOT-compliant, have no apparent defects, and fasten securely.

If you get injured while not wearing a motorcycle helmet, this fact could complicate your claim to compensation. It could also mean that you suffer serious injuries you could have avoided. So, from a legal and personal safety standpoint, we should all comply with this law every time we get on a bike, whether as a rider or a passenger.

Additional safety gear that can protect you from injuries include:

• Gloves: Leather and fortified textiles give you a better grip and protection for your hands if you get in a wreck
• Jacket: Motorcycle jackets are made from abrasion-resistant materials and provide additional protection for the arms, shoulders, and back if you get thrown off your bike
• Pants: Pants designed for riders are abrasion-resistant and provide ventilation for comfort on long rides
• Boots: Boots with reinforced ankle and toe protection help prevent wounds and twisting if you come off your bike

Getting the right gear might be a little expensive at first, but it’s built to last. It could make the difference between walking away from an accident and nursing serious injuries that could impact the rest of your life.

Know Oregon Motorcycle Laws

Motorcycle riders sometimes get a bad reputation because of lane splitting. This means sharing a lane with a car while overtaking it. However, it is important to know that in Oregon, this is not just poor etiquette; it is illegal. 

Legal consequences of lane splitting

If you get into an accident while lane splitting in Oregon, you could be fined $265. Also, it could complicate the question of liability when pursuing compensation. 

If you are more than 50 percent liable for the accident, Oregon’s comparative negligence laws mean you cannot pursue compensation. However, if you were 50 percent liable or less, you may still be able to receive a reduced amount of compensation. So talk to an experienced motorcycle attorney who can explain your legal rights. 

What you must do in Oregon

For safety, Oregon law requires that motorcycle riders keep their headlights on at all times. 

Oregon Driver and Motor Vehicle Services also encourages motorcycle riders to do the following:

• Drive with a valid endorsement or permit
• Share the road with other motorists
• Use a full lane unless passing another motorcycle
• Avoid riding after consuming alcohol or taking drugs
• Follow the SIPDE guidelines – Search, Identify, Predict, Decide, Execute

Oregon also requires that you carry insurance. However, there is no requirement for motorcyclists to carry personal injury protection (PIP) insurance. PIP can help cover medical expenses and lost wages if you get into an accident, though some insurers may be reluctant to provide PIP to motorcycle riders due to the relatively high accident rate among this group.

Make Yourself Visible

It’s very common to hear drivers say that they didn’t see the motorcycle after they got in an accident with one. Drivers of cars and other vehicles may not be very motorcycle aware, and distracted driving on the rise could increase the chances of getting in an accident, too. 

So, as a motorcycle user, it is sensible to take a defensive approach and make yourself as visible as possible to other drivers. Accept that the motorcycle’s small size compared to other vehicles and your low position mean that you need to do all you can to make yourself visible.

One approach recommended by Oregon Driver & Motor Vehicle Services is to position yourself in the center of the lane. As a motorcycle rider, you have every right to use a full traffic lane under Oregon law. This will make you more visible to other road users and allow your signals to be observed clearly.

Other steps to make yourself more visible include:

• Wearing reflective clothing
• Using either electrical or hand signals (as the law dictates) 
• Considering flashing your brake light before you slow down to make it more visible to other drivers
• Using your horn if needed to quickly get someone’s attention

Making yourself visible gives other drivers more time to react and maneuver safely. However, if a driver is not paying attention and causes an accident, do not allow an insurance company to bully you into a lowball settlement just because the other driver says you were not visible. Talk to a motorcycle attorney to discover your legal rights and the strongest way to fight your case.

Prepare for the Worst

None of us wants to get into an accident, but it pays to be prepared just in case. It only takes a moment’s inattention from another driver, or inclement weather conditions, for your day to take a very unexpected turn.

Some practical ways to prepare and improve your chances of a good outcome include:

• Emergency contact information: Keep this with you at all times so your loved ones can be contacted right away in case of an accident. If you have important medical needs, include this to help first responders provide tailored care.
• First-aid kit: This can help you care for minor wounds until medical help arrives.
• Crash detection apps: Modern technology means there is no need to get stranded on an isolated road after an accident. Crash-detecting apps and other tech can alert the authorities and your family in the event of a crash.

Getting immediate medical help after an accident is a crucial way to protect your legal rights. It not only ensures you get the treatment you need, but it also initiates a series of medical records relating to your crash. The longer you wait to get medical care, the harder it may be for a personal injury lawyer to prove that your injuries were caused by your motorcycle accident.

Johnston Law Firm Understands Motorcycle Accidents

After a motorcycle accident, you could face more than injuries, bills, and emotional trauma. You could find it hard to make your case, as insurance adjusters may be prejudiced against motorcycle riders. However, at Johnston Law Firm, we understand riders, and we have what it takes to fight aggressively for your rights.

We have won big for motorcycle accident victims in the past, securing a $1.5 million payout in one notable case. When you schedule a free consultation with us, we will listen to your story with care and compassion. If we take on your case, we can help you navigate your legal rights and will pursue fair compensation for you with everything we have.

Don’t delay in pursuing the compensation you deserve. Call us today to schedule a free consultation or fill out our contact form, and we will get in touch soon.