Oregon Motorcycle Injury Rights, Duties, and Legal Claims

Operating a motorcycle without a “motorcycle endorsement” is a Class A traffic violation, which carries a presumptive fine of $440 ($875 if ticketed in a “special zone,” such as a school zone) and a maximum fine of $4,000.

In order to be issued a motorcycle endorsement in Oregon, you must:

• Have a valid Oregon driver’s license,
• Be at least 16 years of age,
• Have parental or guardian consent (if you’re under the age of 18), and
• Complete a Team Oregon motorcycle rider education course.

Depending on the Team Oregon course you complete, you may also have to take and pass a DMV motorcycle knowledge test.

In addition to obtaining a proper endorsement, you must carry the same minimum auto liability insurance as Oregon drivers if you plan to take your motorcycle out on the road. The basic required motorcycle insurance includes:

• Bodily injury and property damage liability coverage
  
  
  • $25,000 per person
  • $50,000 per crash for bodily injury to others
  • $25,000 per crash for damage to another’s property
• Personal injury protection (PIP)
  
  
  • $15,000 per person
• Uninsured motorist (UM)
  
  
  • $25,000 per person
  • $50,000 per crash for bodily injury

If you don’t have this required insurance, the following penalties apply:

• A fine between $130 and $1,000, and
• A 1-year license suspension.

To recover damages after a motorcycle wreck in Oregon, you need to prove that someone else is legally liable for your accident.

The legal theory most often used to hold a party liable is negligence and it requires the plaintiff to establish 3 elements:

1. The defendant owed the plaintiff a duty of care,
2. The defendant breached their duty of care, and
3. The breach was the legal cause of the plaintiff’s injuries.

The vast majority of motorcycle crashes are caused by other motor vehicles. Motor vehicle drivers owe all others on the road a duty to exercise “reasonable care” to avoid harming them. As a result, if you’re involved in a motorcycle accident with another motor vehicle, you’ll need to prove that the driver breached their duty to exercise reasonable care.

Here are some examples of actions that are likely negligent:

Of course, not all motorcycle accidents involve other motor vehicles. Other potentially liable parties include:

• Property owners. Oregon premises liability laws require property owners to maintain their property free of dangerous conditions. If a motorcyclist is injured as a result of a dangerous condition on someone’s property (such as a pothole or visual obstruction), the property owner may be liable.
• Manufacturers. Product liability laws require that manufacturers avoid letting defective products hit the marketplace. If a motorcyclist crashes as a result of a defective product (such as a defective brake system), the manufacturer of the product may be held liable.

Motorcycle accidents often result in serious injuries like:

• Amputations
• Burns
• Fractures
• Internal injuries
• Spinal cord injuries
• Traumatic brain injuries

Oregon allows motorcycle accident survivors to recover 3 types of damages:

1. Economic damages represent the monetary losses caused by an accident (medical expenses, lost wages, property damage).
2. Non-economic damages represent the non-monetary losses caused by an accident (pain and suffering, loss of consortium)
3. Punitive damages are intended to punish a defendant and are typically only available if the defendant acted “with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm.”