Oregon 2024 Law Updates: Passing Cyclists Through No-Passing Lane

With scenic bikeways, mountain bike trails, and majestic beaches, Oregon is a truly great place to be a cyclist. However, when bicycles and motor vehicles collide on public highways, the results can be catastrophic and even fatal. Official statistics show there were 454 crashes involving bicycles statewide during 2021.

To make Oregon’s highways safer for bicycle riders and motorists, Senate Bill 895 became law in 2023, effective January 1, 2024. Its clarifications and provisions can help all Oregon road users stay safe and enjoy the state’s beauty, regardless of their mode of transport.

Provisions of Senate Bill 895

This bill relates to the offense of passing other vehicles in no-passing zones. While it still prohibits passing in many situations, it clarifies what constitutes an obstruction.

The updated definition states that an “obstruction” includes a person who is riding a bicycle or operating another type of vehicle and who is traveling at a speed of less than one-half of the speed limit established in ORS 811.111 or a designated speed posted under ORS 810.180.”

When there is an obstruction in the road, drivers are permitted to drive to the left of the center of the road. So this means that when you encounter a cyclist traveling at less than half the posted speed limit, you can lawfully pass on the opposite side of the road.

Why Senate Bill 895 Matters

Before the bill passed, drivers may have been frustrated with driving at less than half the speed limit and not being permitted to overtake cyclists in no-passing zones. Bicycle riders have complained of feeling intimidated on rural roads as previously cars would rush up to them and then pass them too close. 

This results in cyclists feeling the force of passing vehicles and greatly increases the risk of collisions. However, the Oregon Department of Transportation (ODOT) has set out a specific way to pass cyclists safely in no-passing zones.

How to Pass a Bicycle Rider in a No-Passing Zone

First, check the cyclist is traveling at less than half the speed limit. You cannot legally pass if he or she is cycling faster than that. Next, bide your time, holding back until a good opportunity arises to pass. 

Move fully into the left-hand lane, traveling 5 miles per hour slower than the posted speed limit. Your lower speed and greater distance will help the cyclist feel safe as you complete your maneuver. Finally, check in your rearview mirror. Only move back over when you can see the cyclist in your mirror.

How Senate Bill 895 Affects Bicycle Accidents 

If you have been injured or lost a loved one due to a collision between a bicycle and another motor vehicle, you need to be aware of the law change as of January 1, 2024. The passing of the updated Senate Bill 895 could impact how negligence is defined in personal injury cases.

Building a strong bicycle accident case

In a bicycle accident case, the plaintiff must satisfy the following legal points:

• Duty: The person who caused the accident had a duty of care toward others – bicycle riders in this case. This includes obeying all relevant traffic laws.
• Breach: The driver breached his or her duty of care by acting negligently. Breaking traffic laws, such as Senate Bill 895, could be used as evidence of negligence.
• Cause: The negligent actions of the driver were the direct cause of the plaintiff’s injuries.
• Damages: The plaintiff has incurred losses that can be compensated with monetary damages.

Oregon state law now clearly states that bicycle riders are to be treated as obstructions in no-passing zones, and drivers must follow the passing procedure outlined above. If a bicycle accident lawyer can prove that the other driver did not follow Senate Bill 895, this could strengthen the bicycle rider’s case for damages.

What to do after a bicycle accident

First, seek medical attention to check for or treat any injuries. Even if you feel fine, it is important to show that you sought medical attention immediately. If injuries cause delayed symptoms, it may be easier to connect them with your accident.

Next, call the police. If the police attend the accident scene, they can create a report which could strengthen your case. You must also report all accidents that cause injuries or damage worth over $2,500 to the DMV within 72 hours of the crash.

It might be tempting to talk to the driver’s insurance company to start your claim. However, hold off until you have spoken to an Oregon bicycle accident attorney. He or she can help you navigate the tricky process of dealing with insurance companies while protecting your legal rights.

Talk to a Bicycle Accident Lawyer Today

Senate Bill 895 should make Oregon’s roads a safer place for drivers and bicycle riders. However, if you have been injured in a bicycle accident, do not delay in seeking justice. You could be entitled to compensation that could help you rebuild your life and confidence after your accident.

The bicycle accident attorneys at Johnston Personal Injury Law Firm understand how devastating these accidents can be. We have successfully handled bicycle injury and wrongful death cases for Oregon clients and are ready to hear your story.

Schedule a free consultation with an experienced attorney today. Call the number at the top of the page or fill out our contact form, and we will get in touch very soon.