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Over 25 Years.
TriMet Injuries FAQs
- A TriMet bus right-hooked me while I was cycling in Portland. Can I sue TriMet?
- A TriMet bus hit me as a pedestrian in a crosswalk in Portland. What are the deadlines I need to know?
- How much can I recover if a TriMet bus seriously injured me in Portland?
- How does TriMet handle injury claims, and why does that matter for my case?
- TriMet is blaming me for the crash even though their bus hit me — can they do that in Oregon?
- What should I do immediately after being hit by a TriMet bus as a pedestrian or cyclist in Portland?
A TriMet bus right-hooked me while I was cycling in Portland. Can I sue TriMet?
Yes. TriMet is liable for the negligence of its bus drivers under the doctrine of vicarious liability, including right-hook turns across bike lanes, sideswipe collisions, and failures to yield to cyclists at intersections. The legal framework is fundamentally different from a standard car accident claim, however, because TriMet is a municipal corporation of the State of Oregon and a public body under the Oregon Tort Claims Act. Two critical procedural steps apply. First, you must file a formal tort claim notice with TriMet within 180 days of the crash; missing this deadline almost certainly bars your claim entirely regardless of how strong it is. Second, TriMet is self-insured, meaning it does not work through a third-party insurance company. TriMet's own adjusters and in-house attorneys handle all claims with the specific objective of minimizing what TriMet pays. You need an attorney who has experience against TriMet before that process starts.
A TriMet bus hit me as a pedestrian in a crosswalk in Portland. What are the deadlines I need to know?
Two separate and critically important deadlines apply. The first is the tort claim notice deadline: the Oregon Tort Claims Act (ORS 30.275) requires that you serve formal written notice of your claim on TriMet within 180 days of the crash for personal injury claims, and within one year for wrongful death claims. This notice is not the same as filing a lawsuit; it is a separate procedural requirement that must be satisfied or your claim against TriMet is permanently barred. The second deadline is the statute of limitations for filing the lawsuit itself: two years from the date of the crash for personal injury claims, and two years for wrongful death claims against a public body. The 180-day notice deadline is the most dangerous because it is shorter than most injured people expect and is strictly enforced with very limited exceptions. Contact Kaplan Law immediately; evidence including bus camera footage is also most accessible in the days following the crash.
How much can I recover if a TriMet bus seriously injured me in Portland?
Oregon's Tort Claims Act caps the total damages recoverable against TriMet as a local public body. For injuries occurring between July 1, 2025 and June 30, 2026, the OTCA cap is $879,200 for a single claimant and $1,758,300 when two or more claimants pursue claims from the same incident. These caps apply to the combined total of all economic and noneconomic damages against TriMet. The caps are adjusted annually for inflation. In serious cases where damages exceed the OTCA cap, additional recovery is available through uncapped claims against private defendants. In a 2010 Portland case involving two pedestrian deaths, plaintiffs pursued both TriMet and the bus manufacturer for a dangerous blind spot design defect, recovering compensation outside the OTCA cap from the uncapped private defendant. Product liability claims against bus manufacturers, equipment suppliers, or negligent maintenance contractors are uncapped and can significantly increase total recovery when the OTCA cap does not fully compensate a serious injury.
How does TriMet handle injury claims, and why does that matter for my case?
TriMet is self-insured, meaning it does not purchase third-party liability insurance and does not work with an outside insurance company when claims are made against it. TriMet employs its own adjusters and attorneys whose sole job is to evaluate, negotiate, and defend claims against the agency. These employees handle TriMet cases exclusively and are thoroughly familiar with every procedural defense available under the OTCA. This creates a significant imbalance: an injured pedestrian or cyclist dealing with TriMet is not negotiating with a generalist insurance adjuster but with a specialized defense operation whose institutional interest is to minimize what TriMet pays. TriMet buses are equipped with onboard video cameras that capture crashes from multiple angles. This footage is among the most powerful evidence in any TriMet injury case, but TriMet controls it and can destroy it if no formal preservation demand is served promptly. Kaplan Law sends preservation demands to TriMet as one of the first steps after a serious crash to ensure this footage is secured before it is overwritten.
TriMet is blaming me for the crash even though their bus hit me — can they do that in Oregon?
TriMet routinely contests fault and argues comparative negligence against injured pedestrians and cyclists as a standard defense strategy, particularly when the cyclist or pedestrian had any prior traffic violation near the scene, was not in a marked crosswalk, or was on an e-bike or mobility device. In a high-profile 2024 Portland case, TriMet argued a cyclist was at fault for riding on a sidewalk and in the wrong direction — before the intersection where TriMet's driver failed to yield. The jury saw GoPro footage of the crash, found TriMet 90% at fault, and awarded the cyclist more than $1.5 million. Oregon's modified comparative fault rule under ORS 31.600 allows recovery as long as your fault is no more than 50 percent; your damages are reduced by your percentage of fault but you are not barred from recovery unless your fault exceeds 50 percent. TriMet's fault assignment is a negotiating position backed by experienced in-house attorneys. Kaplan Law counters these arguments with crash reconstruction, bus onboard video footage, driver training and history records, and independent witnesses. Prior traffic violations at a different location do not determine fault at the moment of impact.
What should I do immediately after being hit by a TriMet bus as a pedestrian or cyclist in Portland?
Seek emergency medical care first. Then take the following steps as soon as you are able. Call 911 and ensure a police report is made documenting the crash, the bus number, the route, and the driver's information. Photograph the scene, your injuries, the bus, skid marks, crosswalk markings, and any traffic signals. Get contact information from witnesses; bystanders at TriMet crash scenes disperse quickly. Do not give a recorded statement to TriMet or its representatives without an attorney; TriMet's adjusters are experienced at using recorded statements to reduce or defeat claims. Contact Kaplan Law as soon as possible. The two most time-sensitive actions are: serving the tort claim notice on TriMet within 180 days of the crash, and demanding preservation of all bus camera footage before it is overwritten. Both of these are best handled by an attorney experienced with TriMet claims. Every day of delay increases the risk that critical evidence is lost and the 180-day notice deadline narrows.
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- Auto Accidents
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- Wrongful Death Claims
- Severe / Catastrophic Injuries
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- Patient Safety / Medical Malpractice
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- TriMet Accidents
- Pedestrian Accidents
- Uninsured / Underinsured Motorists
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I got into an accident and was nervous about finding a personal injury attorney after hearing so many awful stories, but from the start, I felt confident with my choice in Kaplan Law, LLC. Matt was completely professional, trustworthy, communicative, honest and helpful. Matt & Gillian made the...
Matt and Gillian took great care of me during a stressful time of my life. Very caring and knowledgeable group. I would definitely recommend Kaplan Law!
Incredible service and results! Matthew Kaplan and his paralegal Gillian did an amazing job for me. Not only did they resolve my case beyond my satisfaction, they also were very caring and supportive thru my recovery. I couldn't ask for a better attorney.
Matt knows the system like no other and is the Best choice for exceptional representation when you are unjustly injured and requiring proper compensation for your pain and suffering.
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