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Posts Tagged ‘Oregon Law 801.608’

As you know, I’m a motorcyclist licensed in the State of Oregon.  I’ve written many blog posts that represent motorcyclists and advocate for the passage of laws that improve motorcycle safety and result in motorcycle awareness and driver accountability.

My perspective comes from years of riding motorcycles and having first hand knowledge of friends who have been injured when drivers don’t see motorcycles and the dramatic consequences.

Speaking of motorcycle accidents, the following are examples of common motorcycle accident causes:

• A car makes a left-hand turn in front of a motorcycle, usually because the driver is not looking for, or does not otherwise see, the oncoming motorcycle.

• A vehicle pulls out of, or into, a side street or driveway, also usually because the driver does not look for, or otherwise see, the motorcycle.

• A car rear ends a motorcycle because the driver is inattentive or distracted, usually by a mobile electronic device.

• And the all-to-common motorcycle accidents involve only the motorcyclist!  There have been a number of motorcycles that inexplicably missed a curve on a clear, dry road and left the roadway.  Many suffered injuries or death after striking a tree, roadside sign, utility pole or boulder.  Be it age related (yes, I said that!), pushing the limit of the riders skills or the capability of the motorcycle, driving impaired — both by drugs and alcohol — or by fatigue and exposure — riders need to constantly tweak riding habits to stay sharp.

In tracking the U.S. states information, searching and following-up on the Oregon data of various motorcycle accidents in the news, it seems that negligent drivers are often not being cited for any violation when they cause a motorcycle accident. Moreover, careless drivers are typically only being cited for routine traffic violations, and reckless drivers are being cited only for careless driving.  I’ve also read about simple cell-phone tickets being cited when drivers cause severe accidents.  If you try and track motorcycle accident cases, they are usually not referred to the District Attorney’s office unless there is a fatality or a drunk driver involved. Careless and even are facing very little to no criminal repercussions for their conduct and instead being given a traffic violation or no traffic violation at all.

That’s all about to change!

Back in 2017, Oregon began to address this issue by passing HB 2598, which expanded Oregon’s Vehicular Assault Statute, ORS 811.060, to protect motorcyclists and their passengers from reckless drivers, making it a Class A Misdemeanor for a reckless driver to injure a motorcyclist or passenger. That same year, Oregon passed SB 493, which made it a Class A Misdemeanor for a criminally negligent driver to seriously injure a vulnerable user.

However, under the current statute, motorcyclists, moped operators, and their passengers are not, even though they are equally susceptible to being directly struck and seriously injured by a careless, or criminally negligent, driver as the other road users.

But, effective January 1, 2020 is Senate Bill 810.  Signed into law back in June, the Bill modifies the definition of “vulnerable user of a public way” to include persons operating or riding on moped or motorcycle.  The law (801.608, “Vulnerable user of a public way”) enhances penalties for motorists who kill or injure motorcyclists, as well as other vulnerable road users such as pedestrians, highway workers or bicyclists.

Oregon has taken an important step to protect riders and their passengers. Oregon now joins the State of Washington along with several other states by treating motorcycles and mopeds the same as other vulnerable road users by significantly enhancing the penalties against careless and criminally negligent drivers.

Thank you Governor Brown!

UPDATED:  November 1, 2019 — Removed the 1st – 4th priority scheme under motorcycle accident causes paragraph (see comment below) as it was misleading.  Added a reference HERE to the NHTSA Highway Crash Data for 2018.

Photos courtesy of ODOT and GHSA

Oregon Crash Statistics & Reports    |    Invest in yourself and Stay Sharp HERE!

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