New Law: In 2020 Oregon Cyclists Can Legally Roll through Stop Signs

Starting January 1, 2020 Oregon’s cyclists can legally roll through stop signs. In other words, if you are riding a bicycle you can treat a stop sign and flashing red lights as a yield sign. The new law only requires cyclists to slow to a safe speed and yield to any traffic that is already in the intersection or close enough to be dangerous to the cyclists.

As a personal injury that has represented numerous cyclists that have been injured in crashes with vehicles, I have mixed feelings about the law. The proponents of the law have a point when claiming cyclists need to keep their momentum and stop signs on residential streets can be a serious impediment to commuting by bike. They also have a point when they note that many cyclists are already doing “Idaho stops” or “California Stops.” However, the concern is that cyclists may construe the law as permitting them to dart in front of traffic and expecting vehicles to stop. This may increase the chance of the cyclist being injured or killed by a car. We will have to see how this plays out once the law goes into effect in a couple of days.

Click Here for the full text of SB 988 (2019) if you need further explanation on Oregon’s laws. If you or someone you know is a cyclist that was injured or killed in a crash with a vehicle please call Personal Injury and Bike Lawyer Jeremiah Ross. Call Ross Law PDX at 503.224.1658 for your free personal injury consultation. Please review the law and do not solely rely on this post.

Can Cyclists Get PIP Insurance Coverage if They Are Thrown Into a Stationary Vehicle?

Answer: Yes, an Oregon cyclist can get No-Fault PIP medical coverage if they are thrown into a Stationary Car waiting at a Stop Sign. See below for details.

Here at Ross Law, we are constantly fighting to ensure that insurance companies comply with the law and the terms of their insurance policies. This often results in interesting litigation where we get to geek out over what the language in the law and policies actually mean. (Click Here to Read about our USAA Dispute)

For example, we recently represented a cyclist who was hit by a car while lawfully riding his bike on the street. The impact of the crash threw the cyclist into a stationary vehicle waiting at a stoplight. State Farm insured the stationary vehicle.

The law allows cyclists to be eligible for up to $15,000.00 in no-fault PIP medical coverage in certain circumstances. Our cyclist client was eligible for PIP medical benefits, but State Farm denied our request for coverage because they claimed the law required that their insured’s vehicle is moving in order for the cyclist to be “struck by” the insured vehicle.

We obviously had a different take on State Farm’s reading of the law. ORS 742.520(1) and (2) were enacted to ensure that Oregon’s pedestrians had no-fault PIP coverage to pay their medical bills in the event they were “struck by” a vehicle. Cyclists are considered pedestrians under Oregon’s PIP law. As a result, it was our position that in order to fulfill the legislative intent that cyclists medical bills get paid by no-fault insurance; the court had to interpret the phrase “struck by” as the forceful collision between two objects. One could be stationary or both could be moving. The court agreed with our position and granted our Motion for Summary judgment. This means that our cyclist client will be reimbursed $15,000.00 for the medical bills that he paid out of his pocket.

State Farm also likely has to pay our cyclist client’s attorney fees. That means that the cyclist will collect the entire $15,000.00. This is important as it means that the cyclist basically received free legal representation because the insurer that took an unreasonable position should have to pay his legal fees. The court will decide that issue in the near future.

State Farm may appeal the matter. If they do then we are ready to continue to fight. This was a big win. Future cyclists should benefit from our work and won’t be denied PIP benefits simply because the insured’s vehicle was not moving at the time of the crash.

If you are injured while riding your bike and are trying to get your medical bills paid after a crash with a vehicle, call Ross Law at 503.224.1658. Jeremiah Ross is a personal injury lawyer that represents cyclists throughout Oregon and is happy to provide a free personal injury and insurance case evaluation.

Please remember that all cases are different and your facts may not entitle you to PIP coverage if you were a cyclist or pedestrian that was hit by a car. Remember there is a priority of coverage issues that mean if you have PIP insurance of Health Insurance then you may not be eligible to get PIP insurance from the vehicle that struck you. Please also remember the law is constantly changing so please contact a lawyer to obtain legal advice. This post is not intended to be legal advice and is for general education purposes.

What You Need to Know to Survive Halloween!

Almost every year Ross Law posts Halloween safety tips. However, this year we have to admit that the Madison Alabama Police Department has outdone us. I came across a great post from the Independence Oregon Police Department yesterday with useful and hilarious Halloween tips. Here are some of the highlights from the Madison Alabama Police Department’s post:

Adults:
If you want to participate in Trick or Treat…turn on your porch lights. Fire up the scary skeletons and spooky goblins!

If you do not want to participate, turn OFF porch lights and any lights on the front of your home. This is a signal to young ones that you are not serving up the goods!

If you are handing out cavity starter packs, be sure the candy is wrapped and sealed. Homemade treats are great, but will often end up in the trash after parental inspections. Consider non-food treats such a coloring books or stickers to avoid possible food allergy issues.

If you are driving through residential areas, be aware that little monsters and goblins are hyped up on sugar and may not be paying attention to cars or traffic.

Do not drop your children off in a strange neighborhood to trick or treat alone just because it looks like a safe place to get some highfalutin candy. Remember, even Jeffrey Dahmer lived in a nice neighborhood.

Do NOT Get in This Guy’s Car No Matter What Kind of Candy He Offers you!

For the Trick or Treaters:

If the porch light is OFF keep moving. This house probably has Dollar Tree candy anyway.

If you receive homemade treats, ask your parents before eating them. Not everyone washes their hands.

Use sidewalks and stay in a group. Cross streets only at crosswalks and do not cut across yards.

Carry a flashlight or wear reflective clothing. Ghosts are only cool if you can see them!

Never go in a house or enter a car to get candy or treats. It could be haunted or worse.

Trick or Treating after 9:00 pm is not cool. Go home and divvy up your loot! Tomorrow is a school day!

Click HERE to read the full post.

Please be safe out there. We want to thank Law Enforcement agencies for getting the word out and trying to keep our streets safe. If you have any questions please call Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury consultations. Please note that Ross Law is not affiliated with either the INdependence Police Department or the Madison Alabama Police Department.