Portland Bicycle Law: A Primer
We all know that Portland is one of America's most bicycle friendly cities. This means clean transportation for those who commute by bike, but it also means greater danger of accident, and sometimes, a trip to see a Portland bicycle lawyer to protect your rights.
The laws that govern bicycle commuting can be a bit of a mystery to Portland's bike culture. This article provides a broad overview of Oregon bicycle law.
First, and most importantly, my bicycle clients and car drivers need to understand one basic fact. Under Oregon law, in general, bicyclists are held to the same traffic laws as drivers. Beyond this general principle, several other specific legal issues for bikers are important to understand.
If you're riding in a marked bicycle lane on a Portland street, the automobiles have a duty to yield. We know this doesn't always happen, and when a car / bicycle accident happens as a result of a driver's failure to yield, the bicyclist can hold the driver liable for the personal injuries that result. The one exception to this general legal proposition is TriMet. Official vehicles are not required to yield to bicyclists on Portland's streets, and in some circumstances, this can result in TriMet arguing that it isn't liable to you for injuries caused by a TriMet driver.
Unlike cars, It is legal for bikes to change lanes and pass on the right. This doesn't mean it's always safe to do so, but it is legal.
Riding on sidewalks is legal everywhere in Portland except for downtown. The illegal area of downtown sidewalk riding is between SW Jefferson, Naito Parkway, NW Hoyt and 13th Avenue. Again, just because you're legally riding somewhere doesn't mean you're safely or appropriately riding somewhere. You can still be charged with negligence under some situations. For example, if you are speeding down the sidewalk on a bicycle and crash into a pedestrian, the injured pedestrian may assert claims against you, even though you were legally entitled to ride on the sidewalk.