Author Archives: TCNF Bike Lawyers

Insurance for Bicyclists and Pedestrians

Q.     I have an Oregon automobile insurance policy. What does that mean?

A.     In Oregon, every automobile insurance policy has four areas of coverage: Liability, Personal Injury Protection (PIP), Property Damage, and Uninsured/Underinsured Motorist Coverage (UM/UIM).

Q.     What is PIP?
A.     PIP covers medical expenses and lost wages if you are injured in a collision. In Oregon, the minimum amount of coverage is $15,000. PIP is (usually) “first party” coverage which means your automobile insurance covers your medical bills and wage loss despite the collision being the fault of another road user.

Q.     I ride a bicycle and walk places sometimes, do I need to buy an additional insurance policy that covers me when I ride?
A.     It depends. In Oregon, your automobile insurance will cover you in some ways when you are walking or riding your bicycle. If you are injured in a collision with a motor vehicle, your PIP insurance will pay your medical bills. However, if you are injured in an accident that does not involve a motor vehicle, PIP will not cover you, but your health insurance might. If you hit and injure a pedestrian or another bicyclist while you are riding your bicycle, your automobile liability insurance will not apply. There are other insurance options available to cover your liability, such as homeowners/renters insurance or personal liability umbrella policies.

Q.     I usually walk or ride my bicycle for transportation. I don’t own a car. Can I get insurance?
A.     Maybe, so long as you’re a licensed driver. Some national insurers offer insurance for drivers who don’t own their own cars. These policies usually need to be purchased through a broker or local agent, though.

Q.     How much automobile insurance do I need?
A.     The more the better. In Oregon the legal minimum for liability coverage is $25,000. However, to protect yourself and others, I recommend you purchase insurance above the legal minimum amount. Many insurance purchasers are surprised to learn that increasing their protection from $25,000 to $350,000 is a matter of only a few dollars a month. If you injure another road user, or if you are injured by an uninsured or underinsured motorist, you will be relieved that you purchased the larger policy.

Q.     Do I still need a big policy if I mostly walk or ride my bicycle?
A.     Yes. It is just as important (if not more so) to have adequate insurance when you are riding your bicycle. In Oregon the amount of your UM/UIM insurance is the same as your liability insurance. Therefore higher limits means more protection for you as well as any other road user you may injure.

Q.     Will my automobile policy cover my bicycle if it is stolen?
A.     No. However, your homeowners/renters insurance policy might cover the loss.

Q.     I was hit by a car while riding my bicycle and had to go to the hospital, how do I pay the bills? I have automobile insurance and health insurance.
A.     Since you have your own automobile insurance, your PIP coverage will become the “primary” insurer to pay the bills. Any bills not covered by your automobile insurance will be paid by your health insurance. Additionally, any bill not paid by either of your insurers, like co-pays, can be submitted to the motor vehicle driver’s PIP insurer. Your insurers will then seek repayment from the negligent driver’s insurer in a process called subrogation.

Q.     I was hit by a car while I was riding my bicycle. I had to go to the hospital. How do I pay the bills? I don’t have automobile insurance or health insurance.
A.     In Oregon, pedestrians (and that includes bicycle riders in this context), can access the PIP coverage of a motor vehicle that hit them, regardless of whose fault the collision was. As a result, if you are struck and injured by a motor vehicle while walking, your medical bills and wage loss will be covered as if you had automobile insurance yourself.

Q.     I was hit by a car while walking and injured. Now I can’t work. How do I recover my lost wages?
A.     Your lost wages will be paid by PIP coverage, but not 100%. First, you have to be unable to work for two weeks. Even then you will receive only 70% of your gross pay up to $3,000 a month. The other portions of wage loss not covered will need to be recovered from the driver’s insurance company through a settlement or trial.

Q.     I was hit by a car while riding my bicycle and my bicycle was damaged. How do I get it repaired?
A.     Your property damage is covered under the automobile insurance policy of the car that hit you. Once you have a claim open with the insurer, take your damaged bicycle to a bicycle shop for a damage estimate. The damage estimate will need to contain the cost of repairing the bicycle. If the bicycle is a total loss the shop should provide you with the value of the bicycle, as a used bicycle with the components it had, at the moment before it was hit and its salvage value after the collision.

Q.     I was hit by a car while walking and I don’t think I was hurt. Should I still file a claim with the driver’s insurance company?
A.     Yes. First, sometimes injuries can stay “hidden” for several months. Second, by reporting a driver that hit you to their insurer, you are ensuring some repercussion (higher insurance rates) for their negligent driving.

Q.     I was hit by a car while riding my bicycle and the driver did not have insurance. What can I do? I have automobile insurance.
A.     Your insurance policy contains UM/UIM coverage which will cover you if you are hit by an uninsured or underinsured (damages exceed their policy) driver. Your insurer essentially steps into the shoes of the negligent’s driver’s insurance (if they had any).

Q.     I was hit by a car while riding my bicycle and the driver did not have insurance. What can I do? I do not have automobile insurance.
A.     First, file a police report. If you have medical insurance, that coverage will pay your medical bills. If you do not have medical insurance then you may need to find a treating doctor that will accept payments or treat you for a reduced charge. If the uninsured driver struck you while engaged in a crime (assault, driving under the influence) then you may be able to obtain compensation from the Oregon Crime Victim’s Fund.

Oregon Bicycle Law in the News

One of our contributors was recently featured in a news article about Oregon bicycle law:

Ray Thomas explained the law regarding flashing bicycle lights for The Oregonian’s Joe Rose, specifically how the Oregon statute prohibiting flashing lights on motor vehicles does not apply to bicycles.

What are Oregon’s Bicycle Parking Laws?

A bicycle parked blocking access to newspaper boxes, in violation of Portland city Code 16.70.320(A).

Oregon’s state statutes do not contain any laws that dictate how a person is supposed to park a bicycle. This has resulted in many cities and towns of Oregon drafting their own bicycle parking ordinances. In some of those cities a violation of the ordinance can result in an illegally parked bicycle being impounded . Below I have included the bicycle parking ordinances for the 13 largest cities in Oregon.

Portland

Portland City Code 16.70.320 Operating Rules

No person may:

A. Leave a bicycle so that it obstructs vehicle or pedestrian traffic on a roadway, sidewalk, driveway, handicap access ramp, building entrance, or so that it prevents operation of a parking meter or newspaper rack;

B. Leave a bicycle secured to a fire hydrant or to a police or fire call box;

C. Leave a bicycle on private property without consent of the owner or legal tenant. Consent is implied on private commercial property;

D. Leave a bicycle on a street or other public property for more than 72 hours[.]

Salem

Salem City Code 101.150 Parking of Bicycles

It shall be unlawful for any person to leave a bicycle upon any sidewalk, except in a bicycle rack. If no rack is provided, he shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway, or building entrance; nor shall any person leave a bicycle on public or private property without consent of the person in charge or the owner thereof.

Eugene

Eugene City Code 5.400 Operating Rules

. . .

(2) No person may park a bicycle in or near a public thoroughfare or place in such a manner as to obstruct traffic or endanger persons or property.

Eugene City Code 5.420 Impounding of Bicycles

(1) A bicycle left on public property for a period in excess of 24 hours may be impounded by the police department.

(2) In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded.

(3) If a bicycle impounded under this chapter bears an Oregon driver’s license number, or other means of determining its ownership exist, the police shall make reasonable efforts to notify the owner.

(4) A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property.

Gresham

Gresham Revised Code 8.70.040 Misuse of a Bicycle or NonMotorized Vehicle.

No person shall leave a bicycle or non-motorized vehicle:

(1) in a manner which obstructs a street. sidewalk, driveway or building entrance;

(2) on private property without the consent of the person in charge or the owner of the property;

(3) on public property for a period in excess of 18 hours; or

(4) in a public parking lot in a vehicle parking space. A bicycle may only be parked in a public parking lot where special provision has been made for bicycles, in the stand, rack, or other bicycle holder

Gresham Revised Code 8.70.050 Impoundment.

(1) A bicycle or non-motorized vehicle in violation of GRC Article 8.70 may be immediately impounded by the police department.

(2) If a bicycle or non-motorized vehicle impounded under this section is licensed, or other means of determining its ownership exist, the police shall make a reasonable effort to notify the owner.

(3) A bicycle or non-motorized vehicle impounded under this section that remains unclaimed for a period of more than 60 days may be disposed of in accordance with GRC Article 2.81, the city’s procedures for disposal of abandoned or lost personal property.

(4) A bicycle or non-motorized vehicle impounded under this section may be held until the person using the device at the time of the impound is acquitted or provides proof that
security deposit or the fine upon conviction has been paid, unless otherwise ordered by the
Circuit Court or other court of competent jurisdiction.

Hillsboro

Hillsboro Municipal Code 8.28.100 Bicycle parking

A. It is unlawful to park or leave a bicycle upon the sidewalk, except in areas designated under HMC 8.28.100(B).

B. Designated areas for the parking of bicycles and only bicycles are as follows:

1. At the curb on the street and sidewalk, beginning at the intersection of the north boundary of Main Street and the west boundary of N 3rd Street, thence north 20 feet;

2. At the curb on the sidewalk beginning at the point on the north side of E Lincoln Street that is 55 feet east from the easterly boundary of N 2nd Avenue, thence east 20 feet; and

3. During the months the municipal swimming pool is in operation and while bicycle racks are maintained in the street for parking bicycles:

a. On the street on the easterly side of S 9th Avenue beginning at a point 10 feet south of the south boundary of E Cedar Street, thence south 35 feet; and

b. On the street on the southerly side of E Cedar Street, beginning at a point 15 feet east of the east boundary of S 9th Avenue, thence east 45 feet.

C. The manager will cause the appropriate number of bicycle racks to be erected, kept and maintained, each with the proper marking by signs or painting, upon each of the areas under HMC 8.28.100(B).

Beaverton

Beaverton City Code 6.02.430 Impounding of Bicycles.

A. It shall be unlawful to leave a bicycle on public or private property without the consent of the person in charge or the owner thereof.

B. A bicycle left on public property for a period in excess of 72 hours may be impounded by the police department.

C. If a bicycle impounded under this section bears an Oregon driver’s license number or is licensed by this City or another City or other means of determining its ownership exists, the police shall make reasonable efforts to notify the owner.

D. An impoundment fee set by Council resolution shall be charged to the owner of a bicycle impounded under this section except where the bicycle was stolen.

E. A bicycle impounded under this chapter which remains unclaimed for 60 days, shall be disposed of in accordance with BC 2.05.010 through 2.05.026.

Bend

Bend City Code 6.35.000 Bicycle Operating Rules.

Except for bicycles operated by on duty law enforcement personnel:

A. Bicycles shall be parked so they do not obstruct a roadway, sidewalk, driveway or building entrance.
. . .

Bend City Code 6.35.005 Impounding Bicycles.

A. A bicycle left on public property for more than 24 hours may be impounded by the Police Department.

B. If a bicycle impounded under this code is registered, or other means of determining its ownership exist, the police shall make a reasonable effort to notify the owner. No impounding fee shall be charged to the owner of a stolen bike.

C. A bicycle impounded under this code and remaining unclaimed shall be disposed of in accordance with City procedures for disposal of abandoned or lost personal property.

D. Except as provided in subsection (B) of this section, a fee established in the City’s Fee Resolution shall be charged to the owner of a bicycle impounded under this section.

Medford

None

Springfield

None

Corvallis

Corvallis City Code 6.10.060.150

No person shall park a bicycle upon a street or upon a sidewalk except in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

Albany

Albany City Code 13.40.150 Parking

No person shall park a bicycle upon a street or upon a sidewalk except in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

Tigard

Tigard Municipal Code 10.36.180 Parking Restrictions

From and after December 18, 1967, it is unlawful for any person to park or leave a bicycle upon the sidewalk within the City; except in areas designated by ordinance, which areas shall be properly marked by signs or painting and provided with racks for parking bicycles.

Lake Oswego

Lake Oswego Code 32.10.810 Requirements for Operation of Bicycles Generally.

. . .

7. Obstructing Traffic – No operator of a bicycle shall leave his bicycle lying or standing in such a manner that shall hinder or impede pedestrian or vehicular traffic upon the sidewalks or paths or upon the highways or alleys or public ways within the City, but shall take proper care to see that his bicycle is so placed as to avoid annoyance and danger of accident during his absence from it.

8. Use of Designated Bicycle Stands – The City may designate such place or places within commercial zones exclusively for parking of bicycles and no person shall stand, park or leave any bicycle on the highway or alley or sidewalk within 200 feet of any such place designated exclusively for bicycle parking by the City.

Lake Oswego Code 32.10.815 Impounding Bicycles.

1. No person shall leave a bicycle on private property without the consent of the owner or person in charge. Consent is implied on private business property unless bicycle parking is expressly prohibited.

2. Unless bicycle parking is expressly prohibited on public property, a person shall leave a bicycle in a bicycle rack, if provided, or in accordance with section LOC 32.10.810(8).

3. A bicycle left on a highway or other public property for more than 24 hours may be impounded by the police department.

4. In addition to any citation issued, a bicycle parked in violation of this chapter that obstructs or impedes the free flow of pedestrian or vehicular traffic or otherwise endangers the public may be immediately impounded by a law enforcement officer.

5. If a bicycle impounded under this chapter is licensed, or other means of identifying its ownership exist, the police shall make reasonable efforts to notify the owner.

6. A bicycle impounded under this section that remains unclaimed after 30 days shall be disposed of in accordance with LOC 14.04.120.

7. Impoundment under this section shall be done in accordance with the provisions of LOC 14.04.110, et seq.

When do Oregon bicyclists have to signal?

Oregon law requires bicyclists to signal their turns and stops. While that seems like a simple proposition, this law actually goes deeper than that and contains some key differences from the signaling requirements of motor vehicle operators.

Turning

ORS 814.440 Failure to signal turn requires a person operating a bicycle to signal their turns, and ORS 811.395 Appropriate signals for stopping, turning, changing lanes and decelerating provides the method for doing so:

100 feet prior to a left turn a bicyclist must indicate their turn by extending their hand and arm horizontally from the left side of the bicycle.

100 feet prior to a right turn a bicyclist must indicate their turn by either extending their hand and arm upward from the left side of the bicycle or extending their right hand and arm horizontally from the right side of the bicycle.

Stopping

Like turning, the appropriate signal for stopping is contained in ORS 814.440 and ORS 811.395:

100 feet prior to executing a stop a bicyclist must continuously extend their hand and arm downward from the left side of the vehicle.

This differs from the turn signals because of the continuous requirement.

Once a bicyclist stops, they are required to then signal their turn while stopped before executing the turn.

From the Oregon Bicyclist's Manual, Page 8

From the Oregon Bicyclist’s Manual, Page 8

Safety exception

Oftentimes safely braking requires the use of both hands, or conditions make removing an operator’s hands from the handlebars dangerous while approaching and making a turn. Because of those risks the law provides an important exception to the signaling requirements: bicyclists are not required to provide a signal if “circumstances require that both hands be used to safely control or operate the bicycle.”

Changing lanes

Oregon law requires one type of signal by motor vehicle operators that it does not require of bicyclists: changing lanes.

All vehicles are required under Oregon law to provide the appropriate signal when changing lanes and this law would apply to bicyclists under ORS 814.400 Application of vehicle laws to bicycles. However, ORS 814.400 exempts those laws that by “their very nature can have no application.” ORS 811.395 requires a change of lane to be signaled only by “activation of both front and rear turn signal lights on the side of the vehicle”. Bicycles do not have turn signal lights and are not required to have any lights beyond those required by ORS 815.280 Violation of bicycle equipment requirements (see ORS 811.525 Exemptions from requirements for use of lights). If a bicycle did have side turn signal lights, as some custom bikes have or have been retrofitted, then their operators would be required to signal a lane change using those lights.

For the rest of us, since by ORS 811.395(4)’s very nature it cannot apply to bicycle operators, a bicyclist is not required to signal a lane change. What this means is that a bicycle operator in Oregon cannot be issued a valid violation for failing to signal a lane change. However, ORS 814.400(3) provides that the vehicle code “does not relieve a bicyclist or motorist from the duty to exercise due care”.

When Do Oregon Bicyclists Have to Use Lights?

As the rains return to Oregon, the sun sets earlier, and we return to standard time, I see more bike lights illuminated on my rides to and from work.

IMG_0377

Oregon law requires that bicycle operators use lights in “limited visibility conditions.”

Excerpt from ORS 815.280 Violation of bicycle equipment requirements

(1) A person commits the offense of violation of bicycle equipment requirements if the person does any of the following:
(a) Operates on any highway a bicycle in violation of the requirements of this section.
(b) Is the parent or guardian of a minor child or ward and authorizes or knowingly permits the child or ward to operate a bicycle on any highway in violation of the requirements of this section.
(2) A bicycle is operated in violation of this section if any of the following requirements are violated:
. . .
(c) At the times described in the following, a bicycle or its rider must be equipped with lighting equipment that meets the described requirements:
(A) The lighting equipment must be used during limited visibility conditions.
(B) The lighting equipment must show a white light visible from a distance of at least 500 feet to the front of a bicycle.
(C) The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.

There are several key definitions to know in order to fully understand this law.

“Highway” is a term used in Oregon’s Rules of the Road that leads to a lot of confusion. Surprisingly to some people, a highway as defined in the law doesn’t just mean those roads designated as highways but “every public way, road, street, thoroughfare, and place” that are “used or intended for the use of the general public for vehicles or vehicular traffic as a matter of right.” ORS 801.305. This extends to the sidewalk, which is defined as “a portion of the highway”. ORS 801.485. What this means is that a bicycle operator is required to use lights even while operating on the sidewalk or any other area open to the public, like parking lots.

“A bicycle or its operator must be equipped” means that a person who clips a light to their messenger bag or helmet is in as much compliance with the law as someone with a light or reflector attached to their bicycle.

Another part of this law that is tricky is that “limited visibility conditions” does not just include nighttime. The law defines it as anytime from sunset to sunrise, which is obvious, but also any other time that “due to insufficient light or unfavorable atmospheric conditions” you are not able to discern other persons and vehicles at a distance of 1,000 feet. 1,000 feet is a long distance. For instance, in downtown Portland, 1,000 feet is five city blocks. So, the law requires the use of lights if the darkness, rain, fog, mist, or snow makes it difficult to see.

Bicycles sold are usually equipped with only reflectors, not lights. Oregon law requires a front white light in limited visibility conditions. A front clear reflector will not suffice to satisfy the equipment requirement. A rear red reflector, or rear red reflective material, will, so long as it can be seen from 600 feet to the rear (3 downtown Portland city blocks).