Motorcycle Accident Claims in Oregon
The Oregon helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: All motorcycle operators and passengers must wear a motorcycle helmet, regardless of age, and an operator may not carry a passenger who is not wearing one. ORS 814.269, 814.275, 814.280, 814.290
| Motorcycle helmet law | All motorcycle operators and passengers must wear a motorcycle helmet, regardless of age, and an operator may not carry a passenger who is not wearing one. Exemptions apply only to riders within an enclosed cab and to three-wheeled vehicles designed to travel under 15 miles per hour. The helmet statutes read do not address whether not wearing a helmet affects damages. |
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| Lane splitting | Banned under the current statute: a motorcycle or moped operator commits the offense of unlawful passing by operating between lanes of traffic or between adjacent lines or rows of vehicles, or by passing in the same lane occupied by the vehicle being passed (unless that vehicle is a motorcycle or moped). Police officers performing official duties are exempt. The offense is a Class B traffic violation. The 2025 edition of ORS 814.240 read on 2026-10-28 shows no amendment since 1983. Source: ORS 814.240 |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault. Source: Or. Rev. Stat. § 31.600 |
| Minimum car insurance | Minimum liability coverage is $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage. Every private passenger auto liability policy must also include personal injury protection (PIP) benefits, including up to $15,000 in medical and related expenses per person. PIP statutes: https://www.oregonlegislature.gov/bills_laws/ors/ors742.html |
| Deadline to sue for an injury | Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose). |
More Oregon personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oregon
- Wrongful Death Lawsuits in Oregon
- Medical Malpractice Rules in Oregon
- Car Accident Claims in Oregon
- Dog Bite Liability in Oregon
- Pedestrian Accident Claims in Oregon
- Bicycle Accident Claims in Oregon
- Uber and Lyft Accident Claims in Oregon
- Truck Accident Claims in Oregon
- Construction Site Injuries in Oregon
- All Oregon personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Oregon?
All motorcycle operators and passengers must wear a motorcycle helmet, regardless of age, and an operator may not carry a passenger who is not wearing one. Exemptions apply only to riders within an enclosed cab and to three-wheeled vehicles designed to travel under 15 miles per hour. The helmet statutes read do not address whether not wearing a helmet affects damages.
Is lane splitting legal in Oregon?
Banned under the current statute: a motorcycle or moped operator commits the offense of unlawful passing by operating between lanes of traffic or between adjacent lines or rows of vehicles, or by passing in the same lane occupied by the vehicle being passed (unless that vehicle is a motorcycle or moped). Police officers performing official duties are exempt. The offense is a Class B traffic violation.
Can you recover damages if you were partly at fault in Oregon?
Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault.
What is the minimum car insurance required in Oregon?
Minimum liability coverage is $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage. Every private passenger auto liability policy must also include personal injury protection (PIP) benefits, including up to $15,000 in medical and related expenses per person.
What is the statute of limitations for personal injury in Oregon?
Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.