Here’s something most people don’t realize: in both Washington and Oregon, the amount of money you receive after a car crash depends on how much the accident was your fault.
If you’re awarded $1 million, but you’re found to be 40% liable for the events that led to the accident, you’ll only get $600,000. That’s how comparative negligence works.
And the worst part? You might be lowering your settlement without even knowing it: just by doing things you do in a normal day.
Here are some common mistakes that seem harmless… but could ruin your deserved compensation:
1. Not Wearing a Helmet — Even When It’s “Not Required”
In Oregon, ORS 814.485 makes it mandatory for all e-scooter riders and bicycle riders under 16 to wear helmets.
In Washington, helmet laws vary:
- Motorcycle and moped riders must wear DOT-approved helmets under RCW 46.37.530.
- If your motorcycle or moped doesn’t have a windshield, you’re also required to wear goggles, glasses, or a face shield that meets federal safety standards.
- Local cities like Seattle, Tacoma, and Spokane often have stricter helmet rules — including for bicycles and scooters.
Even if you weren’t legally required to wear a helmet, the insurance company might argue you failed to take “reasonable precautions.” That can reduce your compensation — especially in cases involving head injuries.
And here’s the kicker: head injuries are some of the most expensive outcomes in a crash. According to the CDC, traumatic brain injuries (TBIs) cost the U.S. more than $75 billion a year in direct and indirect expenses. Treatment often involves surgery, ICU stays, long-term rehab, and cognitive therapy, all of which can send your medical bills into six figures. So if the insurer cuts even 10–20% of your payout due to “helmet negligence,” you’re losing a percentage of one of the biggest portions of your total damages.
2. Crossing the Street Without Dismounting an E-Scooter or Bike
Let’s say you’re cruising on a scooter and reach a crosswalk. Do you roll through, or step off and walk it across? In both Oregon and Washington, there are no explicit statewide laws requiring you to dismount. But if you’re involved in an e-bike or e-scooter crash while riding across, your behavior will be scrutinized.
In Oregon, ORS 814.410 forbids reckless sidewalk riding—like going too fast, failing to yield to pedestrians, or riding without giving a clear warning before passing. If you hit someone or get hit, and you’re zipping across a crosswalk without slowing down or signaling, the insurance company may try to assign you part of the blame.
Check out more practical tips in our blog post: Navigating Sidewalk Usage in Oregon
3. Failing to Look Both Ways (And Getting Caught on Camera)
You might think you had the right of way. But if surveillance footage shows you stepping into traffic without checking both directions, that could be all a defense lawyer needs to reduce your claim.
In some cases, traffic cams, business security feeds, or even dash cams can show you looking down at your phone, walking while distracted, or not pausing before crossing. These images are powerful in court and could suggest you were careless—even if the driver was more at fault.
4. You Had a Drink, Even If You Weren’t Drunk
Let’s say you had one beer an hour before the crash. You weren’t intoxicated, and the other driver ran the red light. Shouldn’t be a problem, right?
Not always.
If the police report or witness statements mention alcohol—or if your breath still smells like it—you can be painted as “impaired,” even if your BAC is well below 0.08%. Defense lawyers might argue your reaction time was slower or that you were less attentive, just enough to shift partial fault onto you.
That percentage can shrink your settlement fast.
5. You Smelled Like Weed, Even If You Weren’t High
Washington and Oregon both allow recreational marijuana, but if you smell like it or your eyes are still red from earlier use, that can instantly complicate your case.
You might’ve smoked hours ago and felt totally fine, but in a crash scenario, appearance matters. Police may document signs of possible impairment, which ends up in the report. Insurance companies love that: it gives them a way to argue that your perception, coordination, or focus was altered, even slightly.
And remember: there’s no roadside marijuana breathalyzer. It’s all about perception, and that perception can cost you.
6. You Were Using Headphones or Had One Earbud In
You were walking, biking, or scootering and had just one AirPod in… not even blasting music, just a podcast.
Seems harmless, right?
But if a driver hits you and it’s revealed you were using headphones, the insurance company might argue you were “less aware of your surroundings.” Even in pedestrian right-of-way situations, distracted behavior can lead to a reduction in compensation.
In Washington, there’s no explicit law banning headphone use while walking or biking. But that doesn’t stop insurers from using it to chip away at your claim.
7. You Made Sudden or Unsignaled Moves (Yes, Even as a Pedestrian)
Say you were biking and swerved slightly to avoid a pothole. Or you crossed in a marked crosswalk but stepped off the curb without checking if the car was actually stopping.
Quick, instinctive moves like that are natural, but insurers and defense lawyers may use them to say you contributed to the crash.
Even pedestrians have a duty to exercise reasonable care. If a video or witness shows that you jumped into traffic suddenly, changed lanes on a bike without signaling, or rode erratically to avoid an obstacle, that can be spun into partial fault.
8. Riding Double on a Single-Person Vehicle (Scooters, Longboards, Bikes)
We’ve all seen it: two friends on one electric scooter, a couple sharing a longboard, or someone letting their kid ride on the handlebars of their bike.
It might feel like harmless fun, but riding a vehicle designed for one person with two passengers changes everything.
Most scooters, e-bikes, and longboards aren’t built to safely support more than one rider. If you’re injured while doubling up, the defense could argue you misused the equipment and created extra risk, reducing or even eliminating your ability to collect full damages.
In Oregon and Washington, there’s no specific statewide law banning two people from sharing a scooter or board, but both states follow the “reasonable person” standard. That means: would a reasonable person expect riding double to increase the chance of injury? The answer is usually yes, and the insurance company will use that against you.
9. Using Your Phone or Streaming While Riding
Whether you’re behind the wheel, biking, or on a scooter, using your phone is one of the fastest ways to tank your claim. In both Washington and Oregon, distracted driving laws are strict:
- Washington: RCW 46.61.672 prohibits holding a phone while driving—even when stopped at a light. That includes texting, browsing, or streaming. Violations can be used as proof of negligence.
- Oregon: ORS 811.507 bans operating a mobile device while driving, biking, or even stopped in traffic unless it’s hands-free.
10. Smoking While Driving or Riding
You might think smoking a cigarette or vaping while driving is harmless, but it can still be seen as a distraction—especially if it involves lighting up, handling ashes, or taking your hands off the wheel.
- In Washington, there’s no blanket law banning smoking in a car unless minors are present (WAC 110-148-1495 for smoking with passengers under 18).
- In Oregon, a similar restriction applies under ORS 811.193, prohibiting smoking in a vehicle when a person under 18 is inside.
However, if smoking contributes to a crash, like dropping a lit cigarette or losing focus, insurance companies can still use it to argue partial fault. Even for cyclists or scooter riders, smoking can be spun into a claim of “reduced attentiveness.”
Final Thoughts: Protect Your Case Before It Begins
In personal injury law, small decisions can lead to big consequences. From how you ride to what you post online, everything can come under legal scrutiny. In Washington and Oregon, where comparative negligence laws apply, even partial fault can chip away at your settlement.