Portland Left Turn Motorcycle Accident: When a Driver Turns Across Your Path and Who's at Fault Under Oregon Law

TL;DR - Key Takeaways

• In a Portland left turn motorcycle accident, ORS 811.350 requires the left-turning driver to yield to any oncoming vehicle in the intersection or so close as to be an immediate hazard.
• ORS 811.335 bars a turn that can't be made with reasonable safety and requires a continuous signal for at least the last 100 feet.
• ORS 811.385 bars other motorists from preventing a motorcyclist from full use of a lane.
• Under ORS 31.600, you can recover if your fault is not greater than the combined fault of the others in the comparison. At exactly 50% you still recover half, but any fault share above 50% bars recovery.
• Injury lawsuits must be filed within two years under ORS 12.110(1), and wrongful death actions within the three-year limits of ORS 30.020(1). Claims against a public body follow ORS 30.275 instead: notice within 180 days of an injury or one year of a death, and a lawsuit within two years.

You're riding through a green light on Burnside or Powell, and an oncoming driver starts a left turn across your lane. According to NHTSA's 2024 motorcycle data, 3,396 fatal crashes involved a motorcycle and one other vehicle. In 45 percent of them, the other vehicle was turning left while the motorcycle was going straight, passing, or overtaking. A 2023 IIHS study of 2017 to 2021 crashes ranked that left-turn pattern first among fatal two-vehicle motorcycle crash types.

In our Portland left turn motorcycle accident cases at Metier Motorcycle Lawyers, the turning driver's insurer asks about the rider's speed, visibility, and lane position first. "Oregon law puts the yield duty on the driver making the left turn," says Patrick DiBenedetto, Partner at Metier Law Firm and a rider himself. "When an adjuster starts with the rider's speed, we go to the question the statute asks. Where was the motorcycle when that turn started? If it was close enough to be an immediate hazard, the driver had to yield."

Oregon's Dangerous Left Turn Rule Under ORS 811.350

Under ORS 811.350, a driver commits a dangerous left turn by intending to turn left and not yielding the right of way. The rule covers turns within an intersection and turns into an alley, private road, driveway, or place from a highway. The duty runs to any vehicle approaching from the opposite direction that is within the intersection or so close as to constitute an immediate hazard. A motorcycle gets the same protection as any other oncoming vehicle. In your case, that puts the focus on where your motorcycle was when the turn began. Dangerous left turn is a Class B traffic violation.

Turn and Signal Duties Under ORS 811.335

ORS 811.335 bars a turn that can't be made with reasonable safety. It also requires a continuous signal for at least the last 100 feet before the turn. A late or missing signal is a separate Class D traffic violation, on top of any failure to yield under ORS 811.350.

Who Is at Fault in a Portland Left Turn Motorcycle Accident?

Fault comes down to evidence, and intersection evidence gets cleared, repaired, or recorded over. When a driver turns in front of a motorcycle in Portland, we move to secure:

• Final rest positions, debris, and gouge marks that fix the point of impact
• Signal timing records for a controlled intersection
• Dashcam video and surveillance video from nearby businesses
• The crash report from the Portland Police Bureau, Multnomah County Sheriff's Office, or Oregon State Police
• Witness contact information
• Event data from the turning vehicle

The same NHTSA report reminds drivers that a motorcycle's size and narrow profile can make its distance and speed hard to judge, and it urges extra care in timing a turn. If your motorcycle was an immediate hazard, a driver who misjudged its speed still failed to yield.

Full Use of a Lane Under ORS 811.385

After speed, the next argument we see is lane position. ORS 811.385 makes it an offense for another motorist to prevent a motorcyclist from full use of a lane. A rider in the left portion of the lane is using space the statute protects.

Oregon also limits motorcycle passing. Under ORS 814.240, a motorcycle operator may not pass in the same lane as another vehicle (unless that vehicle is also a motorcycle or moped), and may not ride between lanes or rows of vehicles. Riding between stopped cars when the turn happened gives the insurer a fault argument. Either way, a driver's claim of never seeing you doesn't excuse a failure to yield under ORS 811.350.

If you've been hurt in a motorcycle crash and need answers, call us at 833-4-MOTO-LAW (833-466-8652) or schedule a free consultation at www.metierlaw.com.

How Oregon Comparative Fault Affects a Left Turn Claim

ORS 31.600 lets you recover if your fault is not greater than the combined fault of the parties you're suing, liable third-party defendants, and anyone you've settled with. Damages drop by your share. With $100,000 in damages and one at-fault driver:

• Rider found 20% at fault: recovers $80,000
• Rider found 50% at fault: recovers $50,000
• Rider found 51% at fault: recovers nothing

That last result is why lawyers call Oregon's rule the 51% bar. Our post on Portland motorcycle accident comparative fault covers how adjusters try to move those percentages. For early scene steps, see what to do after a motorcycle accident in Portland.

Oregon Filing Deadlines

ORS 12.110(1) requires an injury lawsuit within two years. When a rider dies, ORS 30.020(1) requires the wrongful death action within three years after the fatal injury is discovered or reasonably should have been discovered. It can't be filed later than three years after the death.

Different deadlines apply when the turning driver was a city, county, or other public employee acting within the scope of the job. ORS 30.275 requires notice of claim within 180 days of the injury, or within one year for a death. Those notice periods exclude up to 90 days when the injured person can't give notice because of the injury, minority, or another incapacity. The lawsuit must be filed within two years after the loss or injury. Video and signal data can disappear long before any of these deadlines. If the turning driver carried no insurance or too little, read our post on how uninsured motorist claims work for Portland motorcycle riders.

Frequently Asked Questions

Who is at fault in a Portland left turn motorcycle accident?

Under ORS 811.350, the left-turning driver must yield to any oncoming vehicle in the intersection or close enough to be an immediate hazard. If your motorcycle met that test when the turn began, the driver breached that duty. Any share of fault assigned to you reduces your damages under ORS 31.600.

What does Oregon's dangerous left turn statute require?

ORS 811.350 makes it a Class B traffic violation for a turning driver to fail to yield to oncoming vehicles within the intersection or so close as to be an immediate hazard. ORS 811.335 also requires a turn that can be made with reasonable safety and a continuous signal for at least the last 100 feet.

Can the insurer blame my lane position after a driver turned in front of my motorcycle?

The insurer can raise it, but ORS 811.385 protects a motorcyclist's full use of a lane. A lawful lane position doesn't change the turning driver's duty to yield under ORS 811.350.

How long do I have to file after a left turn motorcycle crash in Oregon?

ORS 12.110(1) gives you two years to file an injury lawsuit from a Portland left turn motorcycle accident. Under ORS 30.020(1), a wrongful death action must be filed within three years after the fatal injury is discovered or reasonably should have been discovered. It can't be filed later than three years after the death. If the at-fault driver was working for a public body, ORS 30.275 requires notice of claim within 180 days of an injury or one year of a death, and a lawsuit within two years.

Can I still recover if I was partly at fault?

Yes, as long as your fault is not greater than the combined fault of the others in the comparison under ORS 31.600. Your award drops by your percentage, so a rider found 50% at fault recovers half. Any fault share above 50% bars recovery.

When the Turn Came Across Your Lane

We ride, and we know how fast an oncoming car can fill a lane that was open a second earlier. Oregon puts the yield duty on the turning driver and protects your full use of the lane. Fault in a Portland left turn motorcycle accident turns on evidence secured early. Our Portland motorcycle accident lawyer team at Metier Law Firm can review the intersection facts before you give a recorded statement or accept an early offer.

Call Metier Motorcycle Lawyers at 833-4-MOTO-LAW (833-466-8652) or schedule your free consultation today at www.metierlaw.com.

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.