Motorcycle Madness: Ten Lessons Learned from Being My Own Client by Lowell McKelvey, OTLA Guardian It was a perfect, sunny, September Thursday, more than three years ago now. The sun was shining as I took a break from my computer, strolling down NW 23rd Avenue near my office, enjoying the late afternoon weather. I was making work calls as I walked, one of which turned out to be particularly frustrating — yet another discovery dispute with a difficult product liability defense attorney with whom I’d been having trouble for some time. After the call, rather than return to the office, I decided what I really needed was a quick motorcycle ride to brighten my mood. I began riding motorcycles around the time COVID-19 struck, coinciding with my 50th birthday. Growing up, motorcycles were viewed in my household as ultra-dangerous, akin to skydiving or lion taming — activities to be admired from afar but never undertaken. Despite this, I felt compelled to buy a bike, thinking that if not now, when, and that once the danger outweighed the thrill, I’d move on. Instead, the opposite happened. Despite my legal background as a prosecutor, insurance defense lawyer and plaintiff’s injury lawyer, all of whom are well aware of the risks, I quickly became passionate about motorcycling. The skills, the gear and, above all, the cathartic focus on the road and elements, made it irresistible to me. Nothing I’ve ever done clears the mind and shakes off the doldrums like riding a motorcycle. Back to Sept. 23, 2021. I put on my safety gear. Well, most of it — I’m a MOTGMOTT guy (most of the gear, most of the time) — and rode away from my Portland-based office in the Northwest Alphabet district, heading up Burnside toward Skyline, a favorite spot for walkers, cyclists and motorcyclists alike. The uphill traffic going my direction was light, but the downhill eastbound lanes were backed up, as usual, during rush hour. Blissfully engaged in the ride, I was suddenly confronted with a Toyota Prius pulling into my path. Evidently its driver had become tired of sitting motionless in traffic and tried to make a U-turn across my lane. I had no time to react beyond a futile attempt to brake. I hit the side of the Prius at over 30 miles per hour, sending me flying. I flew, bounced, flew again and eventually tumbled to a stop on Burnside. My world changed in an instant. Lesson One — always ride defensively. When I pushed myself off the pavement onto my hands and knees, I knew I was seriously injured. My first thought was that my face had exploded, seeing red droplets scattered brightly on my yellow gloves was shocking — but thankfully, it was brake fluid, not blood. However, I shattered my ankle, broke my pelvis and suffered internal bleeding. Legally, I was blameless; it was the classic “left turn” accident that injures and kills many motorcyclists each year. The Prius driver was clearly at fault. But as a rider, I now know I should have anticipated the driver’s sudden decision to make a U-turn. Motorcyclists are largely unprotected in traffic and must always assume the surrounding drivers will do something unexpected. In all honesty, I should have been riding differently that day. I wasn’t breaking the law and I wasn’t legally negligent, but I also wasn’t doing myself any favors. I was focused on the wrong things and I wasn’t anticipating what might happen. If I was given a “do-over,” I’d have been watching for traffic making sudden moves and would simply have slowed down and stayed out of trouble. Lesson Two — pain really hurts. The next lesson was just how much serious injuries hurt. I spent five days in Oregon Health & Science University’s trauma ward, alone due to COVID-19 restrictions, undergoing three separate procedures for my injuries. The pain was unlike anything I’d experienced, especially after my reconstructive ankle surgery. That ordeal gave me a newfound empathy for my clients — well, most of them. Despite spending years LOWELL MCKELVEY practices personal injury, product liability and nursing home abuse law. He is also an arbitrator and mediator. McKelvey is a past co-chair of the OTLA Motor Vehicles Section and was recently elected to the OTLA Board of Governors. He is a member of OTLA Guardians and contributes at the Club level. McKelvey is the sole member of the firm McKelvey Law LLC, 1025 NW Northrup Street, Portland, OR 97210. He can be reached at [email protected] and 503-349-7535. 30 Trial Lawyer | Fall 2024
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