Q: How long do I have to file a bicycle accident lawsuit in Oregon?

Oregon's statute of limitations for bicycle accident personal injury claims is two years from the date of the crash. For wrongful death claims against private defendants, the statute of limitations is three years from the date of the accident — not the date of death. One important exception: when the defendant is a government entity such as TriMet, the OTCA governs and the wrongful death lawsuit must be filed within two years, not three. See the question below for OTCA notice deadlines.

Question 1

Does my auto insurance cover me if I am hit by a car while riding my bicycle in Oregon?

Accepted Answer

Yes. Oregon law treats injured cyclists the same as pedestrians for insurance purposes. If you have an Oregon auto insurance policy, or live with a family member who does, that policy&#x27;s PIP coverage applies to your bicycle injuries regardless of fault. You can also pursue the at-fault driver&#x27;s liability coverage and your own UM/UIM coverage simultaneously. Most injured cyclists are unaware that all three avenues exist at the same time.

Question 2

What are the most dangerous types of bicycle crashes in Oregon?

Accepted Answer

Right hook crashes, where a driver turns right across a cyclist&#x27;s path, and left turn failures, where a driver turns left into an oncoming cyclist, are among the most common and most deadly. Dooring, rear-end collisions by distracted drivers, and unsafe passing incidents are also frequent causes of serious injury. Crashes involving TriMet buses or large commercial vehicles produce the most catastrophic injuries due to the size and weight disparity.

Question 3

How long do I have to file a bicycle accident lawsuit in Oregon?

Accepted Answer

Oregon&#x27;s statute of limitations for bicycle accident personal injury claims is two years from the date of the crash. For wrongful death claims against private defendants, the statute of limitations is three years from the date of the accident — not the date of death. One important exception: when the defendant is a government entity such as TriMet, the OTCA governs and the wrongful death lawsuit must be filed within two years, not three. See the question below for OTCA notice deadlines.

Question 4

Are e-bike riders protected by the same laws as regular cyclists in Oregon?

Accepted Answer

Yes. Under Oregon law, an e-bike with fully operable pedals and a motor not exceeding 1,000 watts, with motor assistance cutting off at 20 mph, is treated as a bicycle. E-bike riders have the same traffic rights as conventional cyclists, and the same auto insurance coverage framework applies to e-bike injury claims. Oregon recorded 683 e-bike injuries in 2024, a 74% increase from 2023, making this one of the fastest-growing injury categories in the state.

Question 5

What does 25 years of bicycle accident experience mean for my case?

Accepted Answer

Matthew Kaplan has been handling bicycle accident cases in Oregon since the late 1990s, longer than most practicing attorneys. He is also an avid cyclist with firsthand knowledge of Oregon roads. That experience means he knows the specific insurance arguments insurers use against cyclists, the liability theories that apply to each crash type, and the tactics defendants use to assign fault to the rider. When an insurer minimizes your claim, Matthew knows exactly how to push back.

Question 6

What if the driver who hit me does not have enough insurance to cover my bicycle injuries?

Accepted Answer

Your own UM/UIM coverage applies even when you are on a bicycle. If the at-fault driver is uninsured or underinsured, Oregon law allows you to stack your own UM/UIM coverage on top of the at-fault driver&#x27;s liability limits, reaching a higher combined recovery. For example, if the at-fault driver carries the $25,000 Oregon minimum and you have $100,000 in UIM coverage, you may recover up to $125,000 combined. This stacking right was established by Senate Bill 411 (effective January 1, 2016) and reinforced by Batten v. State Farm (Oregon Supreme Court, 2021). The Oregon $25,000 minimum is frequently insufficient for serious bicycle injuries; Matthew Kaplan recommends carrying at least $100,000/$300,000.

Question 7

What damages can I recover after a serious bicycle accident in Oregon?

Accepted Answer

A seriously injured cyclist in Oregon can recover past and future medical expenses, lost wages and future earning capacity, pain and suffering, emotional distress, permanent disfigurement, loss of quality of life, and loss of consortium for a spouse. In catastrophic cases involving traumatic brain injury, spinal cord injury, or amputation, a life care planner documents future costs across a full lifetime. Oregon does not cap noneconomic damages in personal injury cases involving living plaintiffs, meaning there is no statutory limit on pain and suffering recovery for injured cyclists — unlike wrongful death cases, which are subject to a $500,000 noneconomic damages cap under ORS 31.710.

Question 8

What should I do at the scene of a bicycle accident in Oregon?

Accepted Answer

Call 911 if anyone is seriously injured. Exchange the driver&#x27;s insurance and license information. Take photos of the scene, your bicycle, the vehicle, road hazards, and your injuries. Get names and contact information of any witnesses. Do not give a statement to the driver&#x27;s insurance company without an attorney. Seek medical evaluation promptly; TBI and internal injuries may not produce immediate symptoms.

Question 9

Does not wearing a bicycle helmet affect my injury claim in Oregon?

Accepted Answer

No. Oregon provides cyclists with a uniquely strong protection under ORS 814.489: evidence that a cyclist was not wearing a helmet cannot be used to reduce damages or serve as a defense in a civil case when the cyclist was injured or killed as a result of another person&#x27;s fault. This means an at-fault driver&#x27;s insurer cannot argue that your failure to wear a helmet caused or contributed to your injuries, or use it to reduce your recovery. This protection applies to cyclists of all ages. Note that Oregon&#x27;s mandatory helmet law (ORS 814.485) only requires helmets for cyclists under age 16; adult cyclists are not legally required to wear one, but regardless of age, helmet non-use cannot be raised against you in a civil case.

Question 10

What special rules apply when a government entity like TriMet caused my bicycle crash?

Accepted Answer

Three important rules apply when a government entity is responsible. First, notice: you must provide formal written notice to TriMet within 180 days of a personal injury crash, or within one year for wrongful death claims, before any lawsuit can be filed. Second, statute of limitations: wrongful death lawsuits against government entities must be filed within two years under ORS 30.275, not the standard three years that applies to private defendants — confirmed by Bell v. Tri-Met (Oregon Supreme Court, 2013). Third, damages caps: TriMet is a local public body subject to OTCA caps of $879,200 for a single claimant and $1,758,300 for multiple claimants (July 1, 2025 through June 30, 2026, adjusted annually for inflation). Failing to provide timely written OTCA notice permanently bars your claim against TriMet regardless of how clear their fault was

Bicycle Accidents FAQs