Oregon law regarding the rights of pedestrians in traffic situations is complex. You should consult an attorney regarding your particular case. If you are injured as a pedestrian, you always have the right to personal injury protection coverage (PIP) regardless of fault. If you have an Oregon auto insurance policy and you are a pedestrian injured in an accident, your policy will cover your medical bills and lost income subject to various limitations. If you don’t have auto insurance, the insurance for the vehicle that injured you will provide PIP coverage for medical bills and lost income, subject to limitations.

The Oregon Department of Transportation provides a guide to specific Oregon bicycle and pedestrian statutes. Download it here.

For insurance purposes, bicyclists are also considered pedestrians. Oregon law provides two avenues for medical coverage for a pedestrian: the pedestrian’s own Oregon auto insurance provides medical expense payment under the PIP provisions. Secondly, the vehicle that struck the pedestrian may also provide additional medical coverage under PIP provisions if it has Oregon auto insurance. If you have health insurance, that may also be a factor in coverage. There are more details and certain conditions that we cover at length with our clients.

The analysis of these cases varies based on the type of E-bike, scooter, and particular facts of each case. Generally, E-bikes and scooters may be considered “bicycles,” and their riders considered pedestrians for legal purposes and insurance coverage. However, many times an E-bike or scooter is not considered the same as a “bicycle” and the insurance company treats their riders differently than pedestrians (more like a motorcycle rider, whose coverage is significantly different and usually worse). We cover the differences and factors that insurance companies consider in these cases during our initial consultation.

If you have an Oregon auto insurance policy, or the vehicle that struck you has Oregon insurance, it will include PIP benefits that cover your inability to work after an accident. These coverages have limitations and conditions that we review with our clients during the initial consultation.

If you are injured by a vehicle as a pedestrian or bicyclist (or even inside your vehicle), call 911 and inform the police immediately of the incident. Write down or take photographs of any information that can be helpful like a license plate or vehicle description.

If you have Oregon auto insurance of your own or in your family household, your policy includes “PIP” and “uninsured motorist’s coverage.” The PIP coverage will help pay your medical expenses and lost income (with limitations and conditions). The “uninsured motorist coverage” may help pay compensation for your pain and suffering, also subject to limitations and conditions. We can help explain how your insurance can help in hit and run situations.

If the accident was not your fault, and your bicycle was damaged by a vehicle, that driver’s insurance company should pay for the repairs to your bicycle and other equipment (like your helmet). It may be that the insurance company offers to pay the “total value” of your bicycle instead of repairing it, but it will not necessarily be “replaced” by a new bicycle. You will simply receive the fair market value of your bicycle.