Q: Can I sue the bar or restaurant that served the drunk driver who hit me?

Yes. Oregon's dram shop law holds licensed commercial alcohol providers liable for serving a visibly impaired customer who later causes a crash. Oregon also extends liability to social hosts who serve visibly intoxicated guests. Washington's dram shop law under RCW 66.44.200 covers commercial sellers who serve someone apparently under the influence. These defendants are often significantly more valuable than the driver, who may carry only minimum coverage.

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

Oregon's statute of limitations for motorcycle personal injury claims is two years from the date of the crash. For crashes involving government vehicles, the Oregon Tort Claims Act requires written notice within 180 days of the injury. For wrongful death claims, the limitations period is three years from the date of the accident, not the date of death. Contacting a Portland motorcycle accident lawyer promptly preserves deadlines and allows evidence to be gathered before it disappears.

Question 1

What is the most common cause of motorcycle accidents in Oregon?

Accepted Answer

The majority of serious motorcycle crashes in Oregon involve a driver who failed to see the rider or failed to yield the right of way. Left-turn failures, where a driver turns left into an oncoming motorcyclist, and failure-to-yield crashes at intersections are among the leading causes. Despite the common assumption that riders are reckless, crash data consistently shows drivers are at fault in most serious motorcycle collisions in Oregon and Washington.

Question 2

Do motorcycle insurance policies in Oregon include PIP coverage?

Accepted Answer

Most Oregon motorcycle insurance policies do not include Personal Injury Protection. This is a critical distinction from standard auto policies. If you are hit by an uninsured driver while riding in Oregon and your policy does not include PIP, you may have no immediate coverage for medical bills or lost wages while your claim is pending. Every Oregon motorcyclist should verify whether their policy includes PIP and carry at least $100,000/$300,000 in UM/UIM coverage.

Question 3

Insurance is blaming me just because I ride a motorcycle — is that legal?

Accepted Answer

Insurance adjusters and some jurors begin with an assumption that motorcyclists are reckless, which leads to undervaluation of claims and unfair fault attribution. An experienced Portland motorcycle accident lawyer counters this bias by presenting the full crash evidence, witness accounts, and expert reconstruction that establishes what actually happened and who was responsible. Overcoming anti-rider bias is a deliberate strategic focus in every serious motorcycle case.

Question 4

What compensation can I recover after a serious motorcycle crash in Oregon?

Accepted Answer

Injured Oregon motorcyclists can recover medical expenses, lost wages, future earning capacity, pain and suffering, emotional distress, and loss of quality of life. In catastrophic cases involving traumatic brain injury, spinal cord injury, or amputation, a life care planner documents future costs across the remaining life expectancy. Oregon&#x27;s modified comparative fault rule under ORS 31.600 allows recovery as long as your fault is no more than 50%; recovery is barred only if your fault is more than 50%.

Question 5

Can I sue the bar or restaurant that served the drunk driver who hit me?

Accepted Answer

Yes. Oregon&#x27;s dram shop law holds licensed commercial alcohol providers liable for serving a visibly impaired customer who later causes a crash. Oregon also extends liability to social hosts who serve visibly intoxicated guests. Washington&#x27;s dram shop law under RCW 66.44.200 covers commercial sellers who serve someone apparently under the influence. These defendants are often significantly more valuable than the driver, who may carry only minimum coverage.

Question 6

What are the most dangerous motorcycle crash types in Oregon?

Accepted Answer

Left-turn failures by drivers are the leading cause of motorcycle fatalities nationally and in Oregon. Other high-severity crash types include failure-to-yield at intersections, rear-end collisions by distracted drivers, lane-change crashes where a driver moves into an occupied lane, and hit-and-run crashes. Head-on crashes on rural two-lane highways are among the most deadly. Each crash type generates a specific liability theory and evidence framework.

Question 7

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

Accepted Answer

If you are able, call 911, remain at the scene, and exchange insurance and license information. Do not remove your helmet if you suspect a head or neck injury; wait for emergency responders. Document the scene with photos of both vehicles, road conditions, skid marks, and any traffic controls. Do not give a statement to the other driver&#x27;s insurer at the scene or afterward without an attorney. Seek immediate medical evaluation; adrenaline frequently masks injury symptoms.

Question 8

How does the helmet law affect my Oregon motorcycle accident claim?

Accepted Answer

Oregon requires all motorcycle riders to wear an approved helmet (ORS 814.269). Unlike the bicycle helmet statute, Oregon law contains no provision barring the use of helmet evidence against motorcyclists in civil cases. If you were not wearing a helmet and suffered head injuries, the defense will argue that your injuries were caused or worsened by that choice and attempt to assign you comparative fault — but only for head injuries that a helmet might plausibly have prevented. Non-helmet-related injuries, such as broken bones, internal injuries, or road rash, are not affected by the helmet issue. Under Oregon&#x27;s modified comparative fault rule (ORS 31.600), your recovery is reduced by your percentage of fault and is barred entirely only if your fault is more than 50%. An experienced motorcycle accident attorney knows how to limit the helmet comparative fault argument by requiring the defense to establish a genuine causal link between helmet non-use and the specific injuries suffered.

Question 9

Is lane splitting legal in Oregon and does it affect a motorcycle crash claim?

Accepted Answer

Lane splitting remains illegal in Oregon as of 2025. Under ORS 814.240, a motorcyclist may not pass another vehicle while sharing the same lane. Senate Bill 422, which would have legalized a controlled form of lane filtering on highways, passed the Oregon Senate in 2023 but died before becoming law. If you were lane splitting at the time of your crash, the defense will argue comparative fault. However, even if you were lane splitting, the other driver may still bear the majority of fault depending on how the crash occurred. Oregon&#x27;s modified comparative fault rule under ORS 31.600 allows recovery as long as your fault is no more than 50%.

Question 10

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

Accepted Answer

Oregon&#x27;s statute of limitations for motorcycle personal injury claims is two years from the date of the crash. For crashes involving government vehicles, the Oregon Tort Claims Act requires written notice within 180 days of the injury. For wrongful death claims, the limitations period is three years from the date of the accident, not the date of death. Contacting a Portland motorcycle accident lawyer promptly preserves deadlines and allows evidence to be gathered before it disappears.

Motorcycle Accidents FAQs