Bicycle accidents

Injured Bicyclist’s Settlement Docked for Late Child Support Payments

Our client was riding his bicycle when he came to an intersection controlled by a street light. He pushed the walk button and waited for a green light before preceding. As the light turned green, he started across the intersection. He was riding his bicycle very slowly, at approximately 2-3 mph, when a motorist who was attempting to make a turn suddenly struck in the cross walk. Our client mostly endured soft tissue injuries for which he received several months of treatment.

Oregon Bicycle Accident Injury AttorneysUnbeknownst to us when we were retained as counsel, our client was behind on his child support payments when this auto-bicycle accident occurred. When the State of Oregon learned about our client’s personal injury claim, it promptly contacted our law firm. The State placed a lien on Kenneth’s claim because of his failure to pay child support. The immediate bar we faced to recovering for our client was that, in settlement negotiations, the adverse insurance company wanted to send the majority of settlement funds to the State.

We researched Oregon law on the issue of child support liens and determined that the State was entitled to take fifty perfect of the settlement after attorney fees and costs. At the conclusion of the case, we paid a portion of our client’s back child support and he was able to keep a portion of the settlement pursuant to Oregon law. In the end, our client was very happy with our guidance and representation in this difficult matter.

Recovering Damages from Bicycle Accident Injuries

Serious bicycle accidents can take many forms, and the injuries that cyclist accident victims sustain will vary according to each collision’s details.  Given how these injuries are  accident- and victim-specific injuries are, it should come as no surprise that damage awards also span a spectrum.

Bicycle and Auto Accident Injury AttorneysDamage awards available to Oregon bicycle accident victims often include:

  • Medical expenses
  • Rehabilitative therapy
  • Loss of income calculations
  • Disability or disfigurement compensation
  • Loss of earning potential from a disability
  • Pain and suffering awards
  • Other physical or mental injury payments

We highly encourage you to seek the advice of experienced serious accident and personal injury attorneys to determine what damages are recoverable in your individual case.  The experienced Oregon bicycle accident lawyers at Dwyer Williams Dretke PC will happily discuss the specific details of your accident and injuries.  Call for your toll-free consultation today: 541-617-0555.

These Driving Practices Can Lead to Accidents with Bicycles

Many dangerous, negligent (careless), or reckless practices can contribute to a serious bicycle accident. According to the Oregon Department of Transportation, some of the most common causes of bike accidents on Oregon’s roadways involve drivers of cars, trucks, and other enclosed motor vehicles.  These causes are:

  • Intoxicated drivers
  • Distracted drivers
  • Aggressive drivers
  • Fatigued drivers
  • Anxious or impatient drivers
  • Roads that are in disrepair

Bicycle Car Accident Attorney Portland OregonSerious bicycle accidents in Oregon can lead to permanent life changes that interfere with your ability to work, your relationships with friends, spouses, or children, and your general ability to enjoy and participate in life’s activities. When these simple pleasures are taken from a bike accident victim, it is both fair and reasonable that that victim should receive financial compensation for the injuries that he or she suffered.

A negligent driver cannot give you back your ability to walk or the joy of being able to carry your child on your shoulders, but he or she can provide the financial compensation for you can obtain the physical therapy and medical care you need to improve the quality of your post-accident life. The bicycle accident injury attorneys at Dwyer Williams Dretke PC are committed to vigorously representing our clients so that they can obtain the compensation they need to provide for their family despite serious and debilitating accident-related injuries.  Call us today toll-free if you or a loved one has been injured in a bicycle accident: 541-617-0555.

Safety Practices Can Limit Your Bicycle Accident Injuries

As a means of helping to avoid accident-related injuries, it is important to keep some bicycle safety tips in mind. While our experienced and knowledgeable bicycle accident attorneys are prepared to represent you if you are injured in a bike accident, we would of course prefer that bicycle accidents and resulting injuries be entirely avoided.

Oregon Bicycle Accident Injury Attorneys | Safe Cycling PracticesSome basic steps that can reduce your risk of being involved in a serious bike accident include:

  • Wearing the proper protective gear: Helmets, shoulder, and knee pads are essential.
  • Properly equip your bike with safety equipment: Headlights, bells, and horns.
  • Be aware of your surroundings (bike defensively): Maintain a careful lookout for distracted drivers and try to catch their eye or slow down if they can’t see you.
  • Avoid drivers exiting their vehicles: When riding on the left hand side of parallel-parked cars, you should ride far enough to the left to avoid slamming into the door of a car if a driver suddenly opens the door in front of you. Moving cars can already see you as they are attempting to pass you, but drivers who have just parked may not be paying attention or looking for bicyclists as they climb out of their cars.
  • Never ride against traffic: This is an extremely dangerous bike-riding practice to be avoided at all costs. Every year Oregonian bicyclists are seriously injured or killed because they chose to ride the wrong way down the street.

It is important to be educated about all possible bike accident scenarios and to take proper precautions to avoid getting into those accidents. The bicycle accident and personal injury attorneys at Dwyer Williams Dretke PC believe that “minor bike accident” is a misnomer because bike accidents usually involve severe and even life-threatening injuries including brain injuries, neck and back injuries, and paralysis.

If you have been injured in a bicycle accident anywhere in the state of Oregon, please call us toll-free to discuss your injuries and case: 541-617-0555.

Generous Injury Settlement for Uninsured Bicyclist

Thousands of bicyclists are injured every year in collisions with moving vehicles and many suffer catastrophic injuries.  While drivers inside of motor vehicles are protected during accidents by the steel barrier that forms the frame of their car, truck, or SUV, bicyclists are not shielded from the impact of collisions.  Uninsured bicyclists are an especially vulnerable population because in addition to being physically unprotected in accidents, thus at a high risk of serious physical injury, they also face potential bankruptcy every time they climb onto their eco-friendly two-wheelers.

This fall, Dwyer Williams Dretke was contacted by an uninsured bicyclist seeking an experienced bike accident attorney.  This new client had been in an accident and suffered injuries that required medical attention which he could not afford to pay for.  He had been riding his bike downtown when a motorist suddenly exited a driveway, without yielding or even examining the roadway for the presence of any oncoming bikes.  The driver collided with our client, crumpling the bike’s front side and throwing our client off of his ride.

There was no question of fault in this accident: the driver who struck our client failed to look in our client’s direction before proceeding into the street and colliding with him.  Oregon’s Rules of the Road explicitly require motor vehicle drivers to yield to bicyclists who are on a bike lane, as our client was when the driver exited his driveway.

The question of legal responsibility may have been simple, but a larger issue remained: our client was completely uninsured at the time of this accident; he had neither health nor car insurance to mitigate the cost of his injury and resulting surgery.  Because our client was uninsured and not at fault in this accident, responsibility fell to the driver’s insurance company to pay for our client’s medical treatment.  However, due to the severe nature of his injuries and the invasive treatment that was required to rebuild his shoulder, our clients’ expenses easily exceeded the driver’s insurance policy limits.

Our client faced bankruptcy because of the cost of treating an accident-related injury that was no fault of his own, simply because of policy limits on the at-fault driver’s insurance.  This dire situation called for immediate expert negotiation with our client’s medical provider.  Dwyer Williams Dretke PC was able to significantly reduce the outstanding amount owed by his client, thus increasing the amount of money our client was able to recover from his settlement with the insurance company.  Not only did we deliver the full measure of financial compensation to which our client was entitled, but we also reduced what our client owed, leaving an uninsured bicyclist more financially secure post-accident.