ORS 814.489
Use of evidence of lack of protective headgear on bicyclist

Evidence of violation of ORS 814.485 (Failure to wear protective headgear) or 814.486 (Endangering bicycle operator or passenger) and evidence of lack of protective headgear shall not be admissible, applicable or effective to reduce the amount of damages or to constitute a defense to an action for damages brought by or on behalf of an injured bicyclist or bicycle passenger or the survivors of a deceased bicyclist or passenger if the bicyclist or passenger was injured or killed as a result in whole or in part of the fault of another. [1993 c.408 §8]
Chapter 814

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


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Jun. 26, 2021