Bicycle Accident Attorney In Salem
Legal Help After A Serious Bicycle Crash
After a bicycle accident in Salem, the next steps can feel confusing fast. Between medical care, time away from work, and insurance calls, it is easy to get pushed toward decisions that do not reflect what you are really dealing with. Our bicycle accident attorney at Elmer Law, PC can help you understand your options, protect your claim, and pursue compensation for injuries, lost income, and the ways the crash has disrupted your life.
Insurance companies often move quickly, especially when fault is disputed or injuries take time to fully show up. With the right legal support, evidence can be preserved, deadlines can be met, and communications can be handled without added pressure on you. That support can help you focus on healing while your case is positioned for a fair resolution.
Call (503) 563-7035 now or get in touch to learn the details insurers look for to cut bike crash payouts, before they use it against you.
Why Injured Cyclists Turn To Our Firm
After a bicycle crash, you need more than general advice. You need a legal team that has handled serious injury cases in Oregon courts for decades and understands how insurers try to shift blame onto cyclists. At Elmer Law, PC, we prepare every case with careful attention to the facts and the law so our clients are not left to answer those challenges alone.
Founding attorney Randy Elmer has helped shape Oregon’s legal landscape, including authoring important workers' compensation bills that protect injured people. That experience gives our team insight into how statutes are written and applied, and it informs how we approach complex injury claims that may involve long-term medical needs or disputes about work limitations. We bring that same strategic thinking to bicycle accident cases that arise here in Salem.
Our attorneys represent clients in state, federal, and appellate courts, and we are prepared to take a case through litigation when negotiation does not result in a fair resolution. At the same time, we understand that many clients want to avoid the stress of a trial if possible. We work to build strong claims from the start, document the full impact of injuries, and use that preparation to negotiate effectively with insurers. When you work with us, you can expect clear explanations, thoughtful guidance, and a legal strategy that aligns with your goals.
What To Do After A Bicycle Accident
The minutes and days after a bicycle crash can feel overwhelming. You may be in pain, worried about missing work, and unsure how to deal with the driver’s insurance company. Taking a few specific steps can help protect both your health and your potential claim.
Your first priority is safety and medical care. If you are seriously hurt, call 911 or ask someone nearby to call. Emergency responders in Salem are often dispatched through 911, and police from the Salem Police Department or Oregon State Police may respond depending on where the crash occurred. Even if you think you can walk away, it is wise to get checked by a medical professional as soon as possible, since some injuries do not show their full effects right away.
When it is safe to do so, try to gather information about the crash. Get the driver’s name, contact details, and insurance information. If there were witnesses, ask for their names and phone numbers before they leave. Photographs of the scene, your bicycle, the vehicle, and any visible injuries can be very helpful later. If law enforcement responds, a police report can provide important documentation, so make sure your version of events is clearly communicated without guessing about what you do not know.
Insurance companies sometimes contact injured cyclists quickly and ask for recorded statements. Before you agree to that, consider speaking with us. Statements given early, while you are still in pain or not fully aware of your injuries, can be used by insurers to reduce or deny a claim. When you contact our office, we can talk through what happened, explain how to handle insurance calls, and, if you choose to work with us, take over communication with insurers so you can focus on healing.
How We Build Strong Bicycle Claims
Many cyclists are unsure what happens behind the scenes when they hire a law firm. At Elmer Law, PC, we follow a thorough and structured approach so that each case is prepared with the detail it deserves. Our goal is to understand exactly how the crash happened, how it has affected your life, and what evidence is needed to support a fair recovery.
We start by gathering and reviewing available documentation. This can include police reports, medical records, photographs, and, when available, video from nearby businesses or vehicles. We look closely at the roadway design, traffic controls, and any known issues in the part of Salem where the crash occurred. By examining these details, we can better understand whether a driver failed to yield, turned across your path, opened a door into your lane, or acted in another careless way that led to the collision.
At the same time, we focus on documenting your injuries and their impact. We review medical records and may consult with your treating providers to understand your prognosis, restrictions, and possible future care needs. Bicycle crashes frequently involve fractures, soft tissue injuries, head injuries, and other trauma that can interfere with work, family responsibilities, and normal activities. Careful documentation helps show not only what you have already gone through, but also how the crash may affect you in the months and years ahead.
Once we have a clear picture of fault and damages, we calculate the value of the claim. This typically includes medical expenses, lost wages, and other financial losses, along with non-economic harms such as pain and loss of quality of life. We then present the claim to the appropriate insurer and negotiate. Because we prepare as if every case might go to trial, we are ready to file a lawsuit in Marion County Circuit Court in Salem or another appropriate court if negotiation does not lead to a reasonable settlement. Throughout the process, we keep you informed and explain each major step so you can make decisions with confidence.
Fault & Oregon Bicycle Laws
Many injured cyclists worry that they will automatically be blamed for a crash, especially if they were not in a marked bike lane or were not wearing a helmet. Under Oregon law, fault is more complex than that. Oregon uses a comparative negligence system, which means a person can still recover damages as long as their share of responsibility is not greater than that of the parties they are claiming against. Any percentage of fault that is assigned to the cyclist can reduce the recovery, but it does not necessarily bar a claim.
In our work with bicycle cases, we often see collisions caused by drivers who fail to yield when turning right across a bike lane, pass too closely, change lanes without checking for cyclists, or open doors into the path of a rider on streets near downtown Salem and other busy areas. Intersections with multiple lanes, heavy traffic, or complex signals can be especially dangerous for people on bikes, even when those riders follow the rules. Each crash has its own facts, and it is important to look at where vehicles were positioned, what signals or signs were present, and how both the driver and the cyclist were using the road.
Not wearing a helmet, riding near the edge of the roadway instead of a bike lane, or misunderstanding a traffic signal does not automatically eliminate the possibility of a claim. These are issues insurers may raise to try to reduce their financial responsibility. Our role is to gather the evidence needed to tell the full story of what happened and to apply Oregon bicycle and traffic laws correctly. If you are unsure how the law applies to your situation, we can walk you through it during a consultation so you are not left guessing.
Common Bicycle Injuries & Compensation
Bicycle crashes often result in injuries that affect far more than a single day or week. Riders are fully exposed, and when a car or truck strikes a cyclist, the physical impact can be severe even at low speeds. Understanding the types of injuries that may occur, and how they relate to compensation, can help you see why a careful legal approach matters.
Cyclists may suffer broken bones, ligament and tendon injuries, road rash, facial injuries, or head trauma. Some riders experience back or neck pain that develops over several days after the crash. In more serious cases, people face surgeries, extended physical therapy, or lingering pain that makes normal activities difficult. These medical issues can force time away from work and limit a person’s ability to care for family, exercise, or enjoy hobbies like riding.
In a bicycle injury claim, compensation typically includes medical expenses for past and reasonably anticipated treatment, lost income if you missed work, and additional losses if your earning ability is affected over the long term. Claims may also seek damages for pain, emotional distress, and loss of enjoyment of life. With over four decades of handling injury cases in Oregon, we understand how to evaluate these elements and present them in a way that reflects the full impact of the crash on your daily life.
Frequently Asked Questions
How much does it cost to hire your firm?
We handle personal injury cases on a contingency fee basis, which means you do not pay us upfront. Our fee is a percentage of the recovery, and if there is no recovery, there is no fee for our legal services. We also offer free initial consultations.
What if I was not wearing a helmet?
You may still have a claim even if you were not wearing a helmet. Oregon uses comparative negligence rules, so fault is based on all circumstances, not just one factor. Insurers may argue helmet use, but we look at the driver’s conduct and other evidence to assess your options.
How soon should I talk to a lawyer after my bike crash?
It is usually best to talk with a lawyer as soon as you can after getting initial medical care. Early advice can help you avoid mistakes, such as harmful statements to insurers or missing key evidence. We can explain deadlines and the steps involved when you contact us.
Will my case have to go to court?
Many cases resolve through negotiation, so not all claims go to trial. Our team prepares each matter carefully and seeks fair settlement when possible. If an insurer refuses to be reasonable, we are prepared to file suit and represent you in court when that is in your interest.
What will your team do after I contact you?
When you contact us, we listen to your story, review available information, and explain your options. If we move forward together, we investigate the crash, gather records, document your injuries, and handle communications with insurers. Throughout the process, we work to keep you informed and involved in key decisions.
Talk With Our Salem Bicycle Team
After a bicycle crash, it can be hard to know where to turn. Medical appointments, missed work, and insurance calls all arrive at once, and it is easy to feel alone in the process. You do not have to carry those burdens without legal support.
If you were injured in a bicycle crash and want to understand your rights and options, we are ready to talk. We can review what happened, answer your questions, and explain how a bicycle accident lawyer in Salem can assist you with the next steps.
Call (503) 563-7035 to schedule your free consultation with our Salem injury team.
Personal Injury FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 503-563-7035 today!
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What is personal injury?"Personal injury" is a general term that refers to an injury that came about as a result of someone else's negligence. A personal injury claim refers to a potential lawsuit you may have if you were injured due to the negligent or intentional act of another person or entity. Personal injury claims may arise in a variety of ways. Most commonly, people may have a viable personal injury claim if they were injured in a motor vehicle accident. Other common personal injury claims involve being injured by slipping and falling due to a hazard on a premise, or injuries due to negligently designed or manufactured consumer products.
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I was hurt at work. Do I have a personal injury claim?Short answer: probably not. If you are injured due to the negligence of your employer or your co-worker, you cannot sue your employer for your personal injuries. Rather, your sole and exclusive remedy for any such injuries is the workers’ compensation system. However, there are some notable exceptions to this “Exclusive Remedy” Doctrine, such as:Intentional injuries: if your injuries were due in substantial part due to the willful and unprovoked aggression by a co-worker or employer, then you may sue that person for an intentional tort. Red-tagged equipment: if OSHA if has posted a red warning notice on a machine, device, apparatus, or equipment, and your employer requires you to use it before they make it safe, then you may be able to bring a personal injury action against your employer. Non-complying employers: if you were injured while working for an employer that was not carrying required workers’ compensation insurance, you can not only bring a personal injury claim, you can also file a workers’ compensation claim. Third-Party Claims: if you were injured at work by some negligent third-party who is unassociated with your employment, a viable third-party personal injury claim can be filed.
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What is a Third-Party Claim?A third-party claim is a personal injury claim in the event you get hurt while on the job due to the negligence of someone other than a coworker or employer—i.e., you got injured due to the negligence of some third party unaffiliated with your employment. Most commonly, it is possible to file a third-party claim if you were injured in a motor vehicle accident while you were on the clock for your employer. Other common third-party claims involve being injured due to negligently designed or manufactured equipment used in your job or injuries due to the negligence of another person who is engaged in a common enterprise with your employment, such as a subcontractor.
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What do I do if I get into a car accident?Getting into a car accident can be very scary and it leaves most people rattled. But there are some important steps to take after an accident to help ensure you have all the information you need later. If you find yourself in this unfortunate situation keep this checklist handy: What to do after a car accident Call 911 if there are injuries. Stay safely out of the way of further harm. Stay in your car if that is the safest place, or if moving may further injure you. You can move your car to a safe location if your car is obstructing traffic or otherwise creating an unsafe situation. Just don’t leave the scene of the accident. Swap insurance information with any other drivers involved in the accident. Get the names and contact information of any witnesses to the accident. Call your insurance company and follow any instructions given to you by your insurance representative. Take photos of the accident scene, including any vehicle damage, and any personal injuries you suffered. Seek medical treatment immediately and document your providers, your recovery, out-of-pocket costs, and any lost-wages due to inability to work.
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What is PIP coverage?"PIP" stands for Personal Injury Protection. Every auto insurance policy issued in Oregon must carry PIP coverage. PIP is part of your auto insurance policy that provides payment for medical treatment and a percentage of your lost wages due to injuries suffered as a result of using, occupying, or maintaining your vehicle. Your medical providers should bill your PIP policy for any treatment caused by a car accident in the following days, weeks, or months. Keep in mind that PIP coverage only lasts for one year from the date of the accident is subject to maximum limits dictated by your particular insurance coverage. If you received PIP benefits due to the negligence of another motorist, you may have to pay PIP back should you elect to bring a lawsuit against the at-fault motorist and receive a settlement or judgment.
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What is liability coverage?Liability coverage is part of your auto insurance policy that provides payment to a person or entity that was injured due to your fault. If you are the injured party, you are going after the at-fault driver’s liability coverage; if you are the at-fault party, the injured party is going after your liability coverage. Liability coverage is subject to maximum limits dictated by your particular insurance coverage. If the damages caused by an at-fault driver exceed the maximum liability coverage limits, the injured party has a choice to either pursue the “excess amount” directly from the at-fault party in their personal capacity or pursue more coverage provided under your underinsured motorist coverage.
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What is UIM coverage?UIM coverage, or Underinsured Motorist coverage, is a part of your insurance policy that provides payment to you as the injured party should the total damages stemming from your motor vehicle accident exceed the at-fault driver’s liability coverage. Your UIM policy stacks on top of the liability policy and provides another source of recovery aside from pursuing excess amounts directly from the at-fault party’s personal finances.
Serving Salem, OR Since 2000