On behalf of Berkshire Ginsberg, LLC posted on Wednesday, July 24, 2013.
Bicycle accidents can be an unexpected intrusion into the lives of those involved. Recently, a bicyclist suffered serious injuries after being hit by a van in Portland. Following the accident, the bicyclist had to be taken to the hospital. Police reported that the driver of the van was not under the influence of drugs or alcohol at the time of the bicycle accident. Although he was taken to the hospital, the victim is expected to survive. Portland, in particular, has made increasing bicycle ridership a citywide goal and reports that bicycle use has indeed increased in past years. With the increasing popularity of bicycles and their use, more bicycles and passenger vehicles are sharing the road. This can lead to accidents and, of course, an accident between a motorist driving a car and a bicycle can be of particular concern. Bicycle accidents can have serious consequences. Because motorists and bicyclists are expected to share the roadway, each owes a duty of care to help protect others using the roadways from injury or harm. Because of this, when an accident occurs, the negligence or carelessness of both parties can be evaluated to determine liability. Depending on the facts of the case, either the motorist or the bicyclist can be liable for damages. In some instances, both parties may be liable for the accident. Provided that the victim bringing the claim for damages does not carry a greater share of the responsible for the accident than the other party against whom the victim is bringing the claim, recovery can be awarded to the victim. This is true even if the victim was partially responsible for the accident. However, any recovery the victim will receive in that instance may be reduced according to the victim’s own fault in the accident. Source: KATU, “Bicyclist seriously hurt after hit in SE Portland,” July 10, 2013