Drivers owe cyclists the same attention they owe everyone else on the road. A moment of inattention by a driver can cause a cyclist serious injuries.
Luis Martinez is a bicycle accident lawyer in Salem who spent nearly five years evaluating claims as an insurance adjuster. He knows how insurers evaluate bicycle claims and where they look for reasons to pay less. Based in Salem, he represents injured cyclists throughout Oregon. The consultation is free, in English or Spanish.
How Oregon law protects cyclists
Cyclists have the same right to the road as drivers and the same rules to follow, and drivers owe cyclists the same care they owe another car. Several rules matter specifically for riders: drivers generally must yield to a cyclist in a bike lane before turning across it, and Oregon’s safe passing rules require drivers to leave real distance when overtaking a rider.
A statement that the driver did not see the cyclist may support a negligence claim, but it is only one part of the evidence. We evaluate whether the driver failed to look before turning, merging, or opening a door into a bike lane. The insurer may still argue that the rider lacked lights, was positioned incorrectly, or entered unexpectedly. Under Oregon’s comparative fault rule, any percentage of fault assigned to the rider reduces the recovery, and a share over 50 percent bars recovery entirely. We answer those arguments with evidence.
Oregon’s personal injury protection (PIP) coverage can apply to a cyclist hit by a car, paying medical bills regardless of fault. It can come through your own auto policy even though you were on a bike when it happened or through the driver’s policy. In qualifying cases, PIP can also replace a portion of wage loss when an injury keeps the cyclist from working. Many injured riders never learn this and pay expenses PIP should have covered. If a PIP claim is wrongly denied, that denial can be challenged, and this office does it regularly.
What we do for injured cyclists
We start with the injuries, because bicycle injuries are routinely underestimated, including by the injured. A rider who walked away may still need medical evaluation and treatment within hours of the crash. We make sure diagnosed injuries are documented before settlement discussions, including joint damage, nerve symptoms, and the effects of a concussion.
We investigate the crash itself: the driver’s line of travel, sight lines, camera footage, witness accounts, and the physical evidence on your bike and gear. We identify every policy in play, including PIP for your medical bills, the driver’s liability coverage, and UM/UIM coverage if the driver is underinsured or drove off.
Then we present the claim with the supporting evidence. If the insurer will not pay what the case is worth, we prepare it for trial. Throughout, we handle every insurance conversation so an incomplete or inaccurate statement is not used against you.
What compensation may be available
An injured cyclist’s claim can include:
- Medical treatment, current and future, including therapy and long-term care for lasting injuries
- Lost income and diminished earning capacity
- Noneconomic damages: pain, lost mobility, and the activities the injury took away, including riding itself
- Your bicycle, components, and gear, which can be expensive to repair or replace
Long-term effects deserve particular attention in bicycle cases. A shoulder that never regains full range, a knee that ends your commuting, headaches that linger after a concussion: these belong in the claim, valued properly, before anything settles. Once you sign a release, there is no reopening it. We do not promise outcomes; we make sure the claim reflects everything the crash actually cost you.