Oregon · Bicycle accident · Updated
Bicycle accident cases in Oregon: the rules and the lawyers
The deadline to file, the fault rule and the other Oregon rules that matter for a bicycle accident case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Oregon that take bicycle accident cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
If you were partly at fault
Barred above 50%
In Oregon, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
Firms we list
0 firms
None yet for bicycle accident cases.
Know this first
Step 1: Two years to file in court
2 years(3 for a death)
In Oregon, most injury lawsuits must be filed in court within two years1.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
In Oregon, an action for injury to the person not arising on contract must be commenced within two years1. Wrongful death, claims against public bodies and medical claims run on their own clocks, set out below.
The law, as written
Personal injury2 years
In Oregon, an action “for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years”1.
More detail
In Oregon, an action is commenced against a defendant when the complaint is filed and the summons served; if service occurs within 60 days after filing, the action is deemed commenced on the filing date3.
If a government body was involved
Step 2: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the state or a local public body: notice180 days (1 year for death)
Under the Oregon Tort Claims Act, notice of claim against the state or a local public body must be given within 180 days after the alleged loss or injury, or within one year for wrongful death4. The period excludes up to 90 days during which the injured person cannot give notice because of the injury, minority, incompetency or other incapacity4.
More detail
In Oregon, tort claim notice can be formal written notice, actual notice, filing the action within the notice period, or payment of any part of the claim4. Formal notice goes to the Director of the Oregon Department of Administrative Services for state claims, and for local public bodies to the body's principal administrative office, a member of its governing body or its designated general counsel4. The plaintiff has the burden of proving notice4.
Claims against the state or a local public body: suit2 years
Under the Oregon Tort Claims Act, an action against a public body or its officers, employees or agents must be commenced within two years after the alleged loss or injury, “notwithstanding any other provision of ORS chapter 12” except ORS 12.120, 12.135 and 659A.8754.
How fault is counted
Step 3: If you were partly at fault
Barred above 50%
In Oregon, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
In Oregon, a claimant's contributory negligence does not bar recovery if the claimant's fault “was not greater than the combined fault” of the defendants and other persons the statute lists, and damages are reduced by the claimant's percentage of fault2. Each defendant's liability is several only, with post-judgment reallocation of uncollectible shares5.
The law, as written
Bar to recoveryBarred above 50%
In Oregon, contributory negligence does not bar recovery “if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2),” and any damages are diminished in proportion to the claimant's fault2.
More detail
In Oregon, the claimant's fault is compared with the combined fault of the parties against whom recovery is sought, third-party defendants liable in tort to the claimant, and persons who settled with the claimant, not with each defendant separately2. Except for settling persons, fault is not compared with persons who are immune, outside the court's jurisdiction, or protected by a statute of limitation or repose2.
On request, the Oregon trier of fact answers special questions on total damages and each person's percentage of fault, and the jury is told the legal effect of its answers but not of any settlement6.
If they were a minor
Step 4: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
MinorsTolled; max 5 years or 1 year after 18
In Oregon, limitations is tolled while the claimant is younger than 18, but the extension may not exceed five years or one year after the claimant turns 18, whichever occurs first7. A parent's claim for the child's medical expenses is tolled for the same period7.
More detail
Oregon's minority tolling does not extend the five-year medical-negligence repose period1. Child-abuse and sexual-assault claims have separate statutes (ORS 12.115, 12.117).
Next
Step 5: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Oregon can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Oregon rules
This page keeps to the rules that matter most for a bicycle accident case. The Oregon page has all of them.
Injured in Oregon: all deadlines and rules
Other case types in Oregon:
After a bicycle accident: the general guide
What’s different when you were on a motorcycle or a bicycle: keeping your helmet and gear, your rights on the road, helmet rules, fault, road hazards and insurance.
How to check a lawyer’s license in Oregon
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take bicycle accident cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Or. Rev. Stat. § 12.110Read the source: Or. Rev. Stat. § 12.110
- Or. Rev. Stat. § 31.600Read the source: Or. Rev. Stat. § 31.600
- Or. Rev. Stat. § 12.020Read the source: Or. Rev. Stat. § 12.020
- Or. Rev. Stat. § 30.275Read the source: Or. Rev. Stat. § 30.275
- Or. Rev. Stat. § 31.610Read the source: Or. Rev. Stat. § 31.610
- Or. Rev. Stat. § 31.605Read the source: Or. Rev. Stat. § 31.605
- Or. Rev. Stat. § 12.160Read the source: Or. Rev. Stat. § 12.160
This is general information, not legal advice.