Oregon Injury Lawyer Blog
Data from the Insurance Institute of Highway Safety shows that more than 1,000 bicyclists die each year in crashes with motor vehicles. Many times, serious or fatal bicycle accidents happen through no fault of the bicyclist. The motor vehicle driver may have been inattentive, distracted, speeding, or otherwise driving unsafely. Additionally, the roadway itself may have been unreasonably dangerous. This information shows that a bicycle case almost always involves many nuances and variables. If you have been hurt on your bicycle because of a collision with a motor vehicle, obtaining legal representation from a skilled Oregon bicycle lawyer is a vital step on the path to getting justice.
Earlier this year, a Ph.D. student at the University of Oregon died while attempting to bicycle across a street in Eugene. Oregon Public Broadcasting reported that some public records offer clues as to what may have happened in this accident. According to a search warrant filed in Lane County Circuit Court, the driver who struck and killed the bicyclist was speeding at the time of the crash, OPB reported.
People who live near the accident site told OPB that negligent driving (like speeding) is a problem in the area. Nearby residents claimed that “it’s too easy for cars to speed” on that stretch of Patterson Street. Residents called upon the city to make changes to that section of Patterson. The executive director of a local nonprofit, Better Eugene-Springfield Transportation, said that the road’s “design invites people to drive faster,” according to the report.
The city said it was completing a speed study, OPB reported.
When it comes to bicycle accidents and deadly outcomes, speed often plays a key role. According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in more than 30% of all traffic fatalities. Obeying (or failing to obey) the speed limit in a residential area may make the difference between life and death in a bicycle collision. Bicyclists have a 95% chance of survival if the vehicle that hit them was going 20 mph, a roughly 50-50 chance at 30 mph, and only a 15% chance if the car or truck was moving at 40 mph.
Drivers and Others: Who May Be Liable for a Bicycle Crash
When a driver hits a bicyclist while speeding, proof of that violation may help the bicyclist (or their family) in a civil case. One of the essential obligations of a plaintiff in an injury lawsuit is to prove that the defendant breached their duty of care. All drivers have a duty to operate their vehicles safely, and proof of speeding can demonstrate that the driver who hit you failed to satisfy their obligation to drive safely. If the police issued a citation to the vehicle’s driver for speeding (or any other traffic violation), the citation may allow the court to presume that the driver was at fault under a legal concept known as “negligence per se.”
In Eugene, the Ph.D. student’s death was not the first in that area… and not the first that may have involved speeding. Last August, another bicyclist died after being struck by a motor vehicle. According to a report by Lookout, “an analysis done by investigators estimated the [car]’s speed within the range of 32.6 and 35.6 mph at the time of the collision.” The road’s speed limit is 25.
Sometimes, crashes happen because the stretch of road is dangerous. This danger may be the result of poor design, poor maintenance, or other issues. If a public road is unsafe and the governmental entity responsible for it knew that it was unsafe — or reasonably should have known that it was unsafe – then that entity may be liable for negligence.
Bicyclists have a right to share the road and to expect that motor vehicle drivers sharing the road with them will operate their vehicles safely. When a motor vehicle driver fails to meet that obligation and causes a serious or fatal injury to the bicyclist, then the driver is responsible for the harm they have caused. When it comes to getting sound information and advice about your bicycle accident, the experienced Oregon bicycle accident lawyers at Kaplan Law LLC are here to help. Our team has handled many of these cases, so we possess the firsthand knowledge necessary to provide the reliable advice and advocacy you deserve. Call (503) 226-3844 today or contact us online to schedule your free consultation.
