Oregon Injury Lawyer Blog
Motorcyclists and bicyclists are among the most at-risk of all those who share Oregon’s roadways. Because motorcyclists and bicyclists are physically exposed in ways that passenger vehicle occupants are not, crashes are more likely to cause serious or even fatal harm. While accidents often result from good-faith judgment errors, some drivers act with bad intentions, including those fueled by road rage. If a driver hurt you while you rode your motorcycle — whether that driver was driving negligently or recklessly — you may be entitled to obtain essential compensation via the civil justice system. In any scenario, but especially if your case involves exceptional circumstances like a road-rage driver, you should retain the services of an experienced Oregon motorcycle accident lawyer to ensure your rights are protected.
Video footage the Beaverton Police Department released in May shows how quickly a disagreement on the road can go from a verbal dispute to a life-threatening crash when a road-rage driver uses his vehicle as a weapon.
In the video from Beaverton, two vehicles — one minivan and one motorcycle — travel side-by-side on westbound Highway 26 between Highway 217 and Cedar Hills Boulevard. The motorcyclist appeared to yell, point, or gesture toward the Kia van. The van driver’s response was shocking and inappropriate.
The van abruptly veers sharply right, directly into the path of the motorcycle. The impact knocks the motorcyclist off balance and sends him and his motorcycle skidding onto the right-hand shoulder of the highway… a total distance of more than 200 feet. The van then careens from the far-right lane into the far-left lane and continues down the highway.
According to a Central Oregon Daily report, “Investigators believe the Kia driver did this intentionally.” The motorcyclist suffered “serious injuries” and was taken to the hospital, according to the Daily report.
The fact that the motorcyclist endured serious injuries is not surprising. IIHS reported that, in 2023, 6,335 motorcyclists died in accidents. According to AutoInsurance.com, motorcyclists represent 3% of all registered vehicles, yet motorcyclists make up roughly 15% of all traffic deaths. The fatality rate for motorcyclists is more than 20 times higher than that of passenger vehicle occupants per mile traveled.
Those risks only increase when one adds road rage to the mix… and the frequency of extreme incidents is going up. According to Pew Research’s summary of Gun Violence Archive’s road rage data, more than 500 people were killed or injured in each of 2021, 2022, and 2023 as a result of a road-rage driver who fired a gun. This figure contrasts starkly with the period of 2015-19, when that number was below 300 each year. While Pew did not have data regarding drivers who used their vehicles as weapons rather than guns, those numbers are likely on the rise, as well.
Road-Rage Drivers and Civil Damages Awards
An injured motorcyclist harmed by a road-rage driver may have various options in a civil suit. If the driver who hit you drove recklessly or with malicious intent to injure you, you may have more options when it comes to types of damages. Your case potentially could include punitive damages. Be aware that a case that presents the possibility of punitive damages is something where advice from an experienced attorney can be crucial. Punitive damages awards come with a unique set of rules in Oregon. For example, the state gets 70% of any punitive damages award.
Additionally, punitive damages, which courts award very infrequently, may negatively impact the pursuit of an insurance settlement. Given this reality, you may not necessarily want to pursue punitive damages even if legally you can. A knowledgeable legal advocate can offer vital guidance in making this choice.
Any scenario that involves potential civil litigation is a good reason to seek skilled legal counsel. That need is even higher when your case involves unique elements, such as an at-fault driver who was experiencing road rage when they caused your crash. If you have questions about this or other types of auto accidents, the experienced Oregon motorcycle accident attorneys at Kaplan Law LLC can help. Using our knowledge and first-hand experience, we can provide you with reliable answers and solutions to the legal problems you face. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
