When can a motor vehicle stop or park in the bicycle lane? by Charley Gee

Following last week’s post about motor vehicles operating in the bicycle lane, I was asked several questions about motor vehicles stopping or parking in bicycle lanes. It is not rare to see a car or delivery truck parked in the bicycle lane.  If a motor vehicle is parked in the bicycle lane, is it breaking the law?  It depends.  Under Oregon state law, it is not illegal for a motor vehicle to stop or park in a bicycle lane under…

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Can a motor vehicle operate in a bicycle lane? by Charley Gee

At our bicycle legal clinics, we are often asked about motor vehicles operating in the bicycle lane. While a bicycle lane has one of the purest rights-of-way in the Oregon Vehicle Code, the law does allow motor vehicles to operate upon the bicycle lane in certain circumstances. Oregon law contains a blanket prohibition of the operation of a motor vehicle upon a bicycle lane. ORS 811.435(1), so in most situations a motor vehicle operating in a bicycle lane is operating…

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Accidents that result in property damage (Part 3) by Ray Thomas

Read Part 1. Read Part 2. V. Gear and Rental List Sometimes riders are discouraged because the responsible driver’s insurance company fails to promptly pay on the property damage claim. In auto v. auto cases, property damage claims get settled promptly because claims adjusters are accustomed to providing a rental car while the damaged vehicle is in the shop getting fixed. The same law applies to bicycles – the bicycle rider is entitled to a rental vehicle or bus fare,…

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Accidents that result in property damage (Part 2) by Ray Thomas

Read Part 1. III. Diminution in Value – The Law of Property Damage The law relating to property damage claims is technical. Many people believe that they should receive the amount of money they will need to replace their damaged property. Unfortunately, that is not the law. Instead, the bicyclist is entitled to the amount of money equal to the difference between the fair market value of the property immediately before, and immediately after, the occurrence. This is called the…

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Are Electric Assisted Bicycles Legal to Ride in Oregon? by Charley Gee

Electric Assisted Bikes, also known as e-bikes or e-assist bikes, are a growing trend, not just in Oregon but worldwide. The New York Times recently ran an article profiling the growth of sales that e-bikes are experiencing in Europe, and their growing popularity with “older people, delivery businesses and commuters who don’t want to sweat.” E-Bike Sales are Surging in Europe, August 25, 2014.  There has been recent local focus as well.  Jennifer Dill, Director of the Oregon Transportation Research and…

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Accidents that result in property damage (part 1) by Ray Thomas

I. Introduction Sometimes it’s tough to get fair treatment when a collision results in property damage but no personal injury. While it’s always better not to have to deal with a physical injury, there is not enough money involved from the contingent fee (1/3) on a property damage case for most lawyers to even justify opening a file, so most riders end up representing themselves. If you are going to go it alone it helps to know the lay of…

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What should I do when facing a red light in a bicycle lane at a T-intersection? by Charley Gee

One of the benefits of being a bicycle rider in Oregon is that we are granted the same rights as motor vehicle operators under the law. That granting of privilege, however, is a two-edged sword because we are also limited to the same restrictions and responsibilities of motor vehicle operators under the law (except for those laws that have no application to bicycles). This restriction can sometimes result in inefficiencies. For example, when a rider is in a bicycle lane…

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A New Project

Welcome to OregonBikeLaw.com, a public service project of Swanson, Thomas, Coon & Newton.  We have launched this web page in an effort to improve the understanding of how the laws contained in Oregon’s Vehicle Code (and elsewhere) establish the rights and responsibilities of all of Oregon’s road users.  We will be examining specific locations and their legal quirks, answering questions, and publishing informative analysis of certain laws. This project follows in the tradition of the many years of bicycle and…

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