Case Example #4: Auto vs. Bicycle

Our Client:
Our client was riding his bicycle to work, where he operated a rock crusher. He was riding on a two-lane road at 5:30 a.m., while it was still dark. The road had no shoulder, so our client was forced to ride on the blacktop, just inside the lane of travel.

The Facts:
As he was riding, our client was hit from behind by the uninsured driver of a truck traveling 35 miles per hour. Our client had functioning reflectors to the front and rear of his bicycle. Our investigation revealed that the driver of the truck was hugging the right side of the road to make room for an oncoming car.

His Injuries:
Our client sustained significant injuries to his back, pelvis, and teeth. Some of his injuries are permanent. He spent several days in the hospital, requiring multiple surgeries.

Our Client's Problem:
Because the at-fault driver did not have insurance, we made an uninsured motorist claim against our client’s insurance company. The insurance company claimed that the reflectors of our client’s bicycle did not meet the standards under Oregon law. They claimed that he shouldn’t have been on the road prior to daylight hours, and that he should have pulled off of the busy road each time a car approached, even though there was no paved shoulder, and the side was too soft to ride upon.

The Resolution:
We retained an accident reconstructionist who performed a 2-day visibility study. He confirmed the reflectors were in conformity with Oregon law and that, given the speeds and distances involved, the bicycle was visible to the truck at all times. Moreover, we proved that our client had a right to ride his bicycle in the lane of travel.

The Result:
Our client was awarded over $200,000, and recovered the maximum amount allowed by law.