Issue #17: Parallel tracks

When “no contact” doesn’t mean “no case”

Some of our most critical work involves disproving typical defense excuses that insurance companies rely on to undervalue claims. One of the most common? “Your bike never hit our vehicle.”

This Oregon case demonstrates why emergency evasive action is fully compensable under the law — and how commercial accountability can be won even in the face of life-altering injuries.

Note: Names have been anonymized.

The commute that changed everything

Before July 2023, Jane dedicated her life to helping others. An Ivy League graduate and former Doctors Without Borders advocate, she worked as a specialized registered nurse, assisting in transplant, plastics, and urology surgeries. Off the clock, she was an experienced bike commuter and a competitive rower who trained several days per week.

On a clear, sunny morning, Jane was riding her routine route to work along SE Clinton Street — a designated neighborhood greenway. As she approached 27th Avenue, a driver operating a 5-ton commercial tow truck blew past a stop sign and accelerated straight across her lane.

Jane was forced to make a split-second decision: crash into a 5-ton steel wall or slam on the brakes. She chose survival. The violence of her emergency braking catapulted her over the handlebars. She slammed onto the asphalt with catastrophic force.

“No impact” doesn’t mean no liability

Because Jane swerved and braked so hard, her bicycle never physically touched the tow truck. In many cases, defense carriers will use the absence of a vehicle-on-vehicle impact to argue a lack of causation.

We immediately dismantled this defense. Under Oregon law, running a stop sign and failing to yield to a cyclist in a bike lane constitutes negligence per se. The driver’s reckless maneuver directly forced Jane into a sudden, life-saving emergency stop. The legal responsibility for her injuries rested entirely on the driver and his employer.

The invisible toll of bilateral fractures

The impact broke both of Jane’s arms. The injuries were so severe that paramedics couldn’t even put her in standard slings for transport; they had to pad her arms with blankets. That night at OHSU, she underwent emergency surgeries to install a metal plate, screws, and an artificial radial head in her dominant right arm.

For eight weeks, Jane was completely dependent on her partner for basic survival: he had to shower, dress, and feed her. Beyond the $170,000 in hard economic damages, the non-economic loss was profound:

• Career impact: Permanent loss of full right-arm extension and reduced dexterity in her dominant hand is devastating for an operating room nurse.
• Loss of passion: An abrupt end to her rowing season and an inability to return to bike commuting.
• Family strain: During her recovery, her father suffered a major health crisis; because Jane couldn’t drive or move her arms, she was completely unable to help her mother care for him.

You do not need to make physical contact with a reckless driver’s car to have a claim.

The $1.3 million result

Faced with overwhelming proof of liability, detailed medical analysis, and the reality of a corporate defendant, the commercial insurer agreed to a $1,300,000 total settlement — a result that exceeded the underlying $1 million policy limits.

Key takeaways for riders

• Emergency evasion is covered: You do not need to make physical contact with a reckless driver’s car to have a personal injury claim. If their illegal maneuver forces you to crash while avoiding a worse collision, they are legally at fault.
• Commercial policies matter: Wrecks involving commercial vehicles (like tow trucks, delivery vans, or taxis) involve higher policy limits and corporate responsibility, making it vital to thoroughly investigate the employer’s liability.
• Document “household loss”: When severe injuries prevent you from doing daily tasks, the time your loved ones spend taking care of you has real, quantifiable legal value.