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Cyclist killed: failure to yield?

We had a rather heated discussion in the newsroom this afternoon about the tragic death of Brett Jarolimek, the cyclist killed in a crash with a garbage truck on Monday.

The one thing I couldn't figure out: why wasn't the garbage truck driver cited under ORS 811.050 -- Failure to yield to rider on bicycle lane? It's a short law:

A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle... upon a bicycle lane. (Link, those ellipses shortened a long list of other things you can ride in a bike lane.)
That seemed cut and dry to me, but Portland Police see a more nuanced situation.

I called up Portland police spokesman Sgt. Brian Schmautz for clarification. He said that yielding the right of way, and determining whether a traffic violation has occurred, comes down to a matter of perception. Basically, the driver has to perceive he has to yield the right of way. ("Perceive" came up a lot in our conversation.)

In this case, did the truck driver reasonably believe it was safe to turn? Schmautz said a witness to the crash saw the garbage truck pass the cyclist at the top of the hill, and turn on his right turn signal well before the turn. The truck began its turn around two blocks ahead of the bicycle. The question the investigating officers had to decide: would a reasonable person in that circumstance believe he could safely turn?

Schmautz noted that in some cases, "speed negates right of way." He brought up a rather odd analogy, noting that if one driver is making a left turn, and an oncoming driver traveling 110 mph crashes into him, the left turn driver certainly isn't at fault. So I asked how fast Jarolimek was traveling. Schmautz's answer: we don't know. So much for that analogy, then.

The investigating officers made their decision "based on the totality of circumstances" at the scene, Schmautz said. In this case, the witness statement and length of the skid mark left by the bicycle led police to decide not to issue any citations so far.

The case is now in the hands of the District Attorney's office. If prosecutors find evidence of negligence or recklessness, they could bring criminal charges, but police aren't recommending that. If the DA's office doesn't file charges, the investigating officers could still issue a traffic citation later on.

While it appears unlikely anything will happen to the truck driver in this case, the deaths of Brett Jarolimek and Tracey Sparling are leading to a broader discussion about cyclist safety and the rather confusing state of Oregon law when it comes to bike lanes.

Jonathan at BikePortland just reported that Sam Adams is planning an "emergency meeting" to avoid more dead cyclists. Lots of BikePortland commenters have observed that punishing drivers who kill cyclists would be a good start.

What do you think: Is this an enforcement problem? An education problem? A road design problem? All of the above? Can Portland's diverse bike community agree on what should happen next? Have at it in the comments.

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Who cares about perception? Bike Riders should be more aware of their surroundings. Their form of transportation is smaller, weighs less, and easier to control. A car is heavier, weighs a lot more, and is harder to control if something cuts in front of them, and cars have blind spots where some bike riders like to hang out. Why does it always seem like when a bike rider gets hit it somehow is the drivers fault? When most of the time it's clearly the bike riders fault. Make it the same as in the water ways if there's something bigger then you and it's coming at you get out of the way. If a car hits a bike it should always be the bicyclists fault unless they're following the rules that are made for bicyclists, which are rarely followed. Crossing the street get off the bike and cross in a crosswalk, ride single file, if you see a stop sign, stop don't run right through it and also get off your bike and cross the street with the crosswalk.

The tragedies of the past week and a half reinforce the fact that cars, trucks and bicycles share the same road. We ALL need to pay attention to our surroundings and make it safer for each other. I disagree with the previous poster's assertion that accidents are always bicyclists' fault. What is disturbing is that the lack of at least issuing a citation reinforces the attitude that cyclist lives are somehow not worth a ticket.

I so agree with Steven Resnick. It is unbelievable how many bike riders forget they are on bikes, not 2 ton vehicles. They think they can weave in and out of traffic, ignore traffic signs, fail to signal, travel at high speeds, it is so nerve racking. I realize it isn't true for all, but because they are helping the environment, they often believe they have a special right over car drivers. How many have to die before they realize that forcing their special rights upon the driving world leads to hasty death. Now this truck driver doing his job has to live with the death of a not so invincible biker. It makes me sick!

It IS unbelievable how many DRIVERS forget that they are driving 2 ton vehicles. They think they can weave in and out of traffic, ignore traffic signs, fail to signal, travel at high speeds, it IS so nerve racking.
See where this goes, it's not about driver vs. biker it's about all of us being responsible.

A great example was yesterday when I was on my way to school over at PCC Rock Creek. There was a group of bicyclists riding together there were about 10 of them. At a 4 way stop they blidly just went right through it with no regards to if there was someone coming to make a turn or someone already stopped. Luckily for them there was no cars at the stop signs which is rare. I'm turning left there's a straggler from the group does he even both waiting for me to turn before going, no he doesn't! He goes straight through it, I glared at him. Luckily I was at a point in the road where I past the group of riders. I didn't get stuck behind them because then they really weren't riding single file they were 4 deep in the middle of a two lane road. Where's a cop when you need one? How about first enforcing the laws bicyclists need to follow? Write the tickets too them not the drivers especially the ones following the rules of the road, but have to swerve to avoid these idiotic bicyclists who like the previous poster said think they are invicible. It's time to do something about them either get rid of bicylists on public streets and let them ride in neighborhoods and the bike trails that are designated for them. It's sickening that most bicyclists that I see have no clue about riding in the street. Maybe they need to make courses to engrain this information in their brains. Yes there are bad drivers out there too, but the bicyclist are one more distraction that takes people's minds off the road and not being able to pay attention to what's actually going on in front of them.

Is Steven Resnick seriously suggesting that I get off of my bicycle and walk it across the street in the crosswalk rather than ride it in the street or bike lane at every intersection? Not only is this absolutely ridiculous, it is more dangerous than one might think!

“…72 percent of pedestrian collisions are a result of driver error in downtown Portland. And citywide, about half of all pedestrian injuries happen in a crosswalk.” Read the entire article here (don’t worry, it’s short)… http://news.opb.org/article/portland-begins-i-brake-people-campaign/

I disagree with just about every gross generalization that Steven Resnick makes in his comment and his close-minded mentality scares me. I can only hope that a very small number of Portlanders share his views.

You did an intelligent thing Steve. Just because some people don't obey the laws of the road doesn't mean you have to follow suit. You managed your way responsibly around the riders without conflict. Wouldn't you hate it if people made irrational generalizations about all drivers based on how you drove?

Thanks for the link Elias. I walk far more than I ride and yes it is dangerous downtown and even at the crosswalk I use uptown on a medium traveled road, so many drivers refuse to stop even when pedestrians are at the curbed median. But I don't judge all drivers based on that. And driving downtown even before the construction was bad, now it's just a nightmare and I see many people just don't understand what to do or how to get to their destination. Although, the lady in the Navigator reading a magazine on the stearing wheel was surprising.

One thing that should happen next is that people - everyone reading this, no matter what your particular mode of transportation in a moment - should exercise compassion and respect for your fellow users of the public transportation system AKA the roads.

I also think that it would be helpful to move away from references to the 'bike' community or cyclists as a distinct group somehow apart from the mainstream. People who choose to ride bikes are just that. Otherwise, they are you, me, our neighbors, our friends, co-workers and family members.

What's needed of course is...all of the above, Aaron. Safety conditions are improving due to increased investments in safer bikeways, more awareness generally of the need to share the road, increasing numbers of bikes on the roads, more access to education, and police enforcement efforts. Cyclist fatalities and injuries per capita have significantly decreased in the last five years. As this trend of improving safety (and perception of safety) continues, we're going to see more and more people getting on bikes for many of the same reasons that people do it now - it's healthy, it feels good, it's environmentally responsible, it's cheap, it connects us to our surroundings, and it's fun.

I live in Hawthorne/Richmond. Two times a day I take a left from Lincoln(Harrison) onto 39th. There is a bike lane there that puts bikers to the left of me. I am very aware of bikers here, HOWEVER, at certain times of the year the setting sun is blinding me when I look in my side view or rear view mirror. At certain times of the year the fog makes it very difficult to see bikers coming up from behind as I am turning. All year long I have arrogant riders who don't care that I am already in the process of moving and they are speeding up to beat the light. There is a very easy remedy to the possibility that I might kill a rider one day... bikers BE AWARE that even the most cautious people may not see you. If my blinker is on and my car is MOVING - do NOT believe that you can continue in the bike lane just because you have the right. I will try not to run you over, but I don't make promises to idiots!!!

maybe if drivers who kill bike riders were given some kind of disincentive, like an extra big parking ticket ($50?), it would be apparent to other drivers that at least by police dept standards, turning right and running over bicyclists is technically NOT ok.

To answer the author's above question of whether or not this is an enforcement problem, an education problem, a road design problem, etc., as demonstrated above, this is most certainly an education problem. People who choose to drive on our roads need to be trained in their responsibilities to abide by laws that have been put in place to protect themselves other users of the roadways. Additionally, they need to understand the fallout that can occur if they err in their ways. The same is true for users of our roadways by non-motorized means. They too need to protect themselves as vulnerable users and be mindful of the consequences of taking things like bike lanes, crosswalks, and motor vehicle laws for granted. Until there is a formal education process and enforcement of who amongst us is granted the PRIVILEGE of using the roads through demonstration of a mastering of the required principles, there will continue to be these counter-productive circular arguments of who is at fault. What is the point of being concerned about who is at fault? Yes we are all human and we all make mistakes, but let's start focusing more on how these mistakes can be reduced to minor daily inconveniences, at most, instead of loss of life.

Yes I am suggesting that you get off your bike and walk it across. Maybe that'll teach the bicyclists who think they're the next Lance Armstrong's that it's not ok to run red lights or stop signs. Getting off your bike and walking across makes it easier for drivers to see you. Last time I checked that is what's taught to children when riding a bike if you're crossing the street walk it across because if you fall and a car goes you're going to get runover if you're walking it you don't have a chance of falling over where a driver can see you clearly while you walk.

How about punishing bad bike riders first? I mean most of the bike riders I see aren't following any rules of the roads. They're not riding in the bike lane correctly, they're running stop signs, and red lights, they don't yield to peds, and they think they're invincible.
I'm overgeneralizing for a reason because from what I've seen each time I see a bike on a roadway is clear defiance of any laws. I've rarely seen a bike rider in Portland following traffic rules! Maybe they need the education course. As I said earlier there aren't perfect drivers but if you're going to have a bike go up against a car the car is going to win everytime. You know in the ocean if there's a boat that's bigger then your boat you get out of their way it's not the other way around. It should be just like that for cars against bikes. If a semi is coming at you head on while you're in your car. I don't think you're going to wait for it to try to swerve out of the way. Or are you? I believe that more then like the person driving the car is going to get out of the semi's way! It just makes sense. If you're on a bike get out of the cars way.

First, these deaths are unnecessary, along with the more than 25000 other people who die in traffic accidents.
I spent 27 years investigating accidents and dealing with the economic, social and legal consequences. Concepts such as "fault" and "right-of-way" are not very effective ways to communicate individual responsibility when operating any vehicle on a roadway. They are legal constructs, like art, they must be seen in the context of an entire painting, and many differing opinions result from points of view. Ultimately 6-8-10-12 people decide what the terms mean in the context of a specifc accident. But they do nothing to erase the harsh reality that a life has been lost. But at some point each driver had an opportunity to avoid the accident, neither exercised the level of care that the situation required, and we see the consequence. No law can erase personal responsibility. We must guard our own safety at all times.

Spend an hour watching dozens of bicyclists ignore multiple traffic control devices at SE 25th & Clinton, and then try to tell me they don't bring most of these accidents on themselves. Good luck! I guess all the cops eating at the Noho's at that intersection are too hungry to care. Portland could practically solve its perpetual budget problems by simply issuing the tickets these law-breaking bicyclists deserve.

This is mind boggling. Those of your rolling around in your cars/SUVs forget the power you wield. 2 tons of steel and plastic is no match for my 180 pounds plus bike. You can kill me in a second. All it requires from you is to touch your brake pedal and WAIT a second to make sure there are no bikes in your path. Is that too much? The law doesn't think so. At least the letter of the law, that is.

The above comments demonstrate there most certainly is an education issue surrounding the legal protections of cyclists. Motorists must be re-educated. Secondly, there is an enforcement issue as well. Lt. Kruger and his minion are loathe to charge motorists who behave illegally. Perhaps it's a personal vendetta, perhaps they are being pressured from above, perhaps they are just incompetent. I don't know. Either way both of these issues must change. The rabid bike haters must be held in check. There are irresponsible road users from every group. It's just that those of you driving in a car are more deadly to those of us on a bike. Remember, you might kill someone with your car. Could you really live with that. What if that person was someone you loved?

I am one of the unfortunate ones who was in a car that hit a bicyclist a couple of years ago. Luckly for him, he was ok. But, he blew through a light, when it was dark...no lights on, no reflectors. It was impossible to see him. I think education on ALL parts would be helpful. Since that morning, two years ago, I have been very observant. What I have seen is bicyclists riding on the white line of the bike lane, crossing bridges, ie Sellwood on the street and not being able to keep up with traffic, bike lane and trails ie Springwater bike trail, the stop signs not being stopped at, riding on the street, ie Johnson Creek, when the bike trail is 50 foot away,many things like that. What I also have noticed is most of the rider's now have better reflective clothing and lights on their bikes. THANK_YOU!! As a motorist, I need to be able to see you. I can't see you in the dark with dark clothes on or no reflectors or lights. It is everyone's responsibility to abide by the rules and TRY to share the roadways together.

I have found an appreciation for the laws of the road now that I'm a bicycle commuter. They keep me safer. I have also found an appreciation for cyclists while I drive as well. Cars tend not to follow laws equally as bicyclists, speeding, cutting off, etc. Anyone making complaints about cyclists should first have experience as a cyclist. Bigger = Right of Way? So what about a Ford F350 Super Duty Truck vs a VW Bug? Bikes are vehicles. If a car turns right across and in front of a 'vehicle' (which is allowed with bikes), and chops that bike off, and that nimble light weight easy to control vehicle that's possibly going as fast as the speed limit, may in fact not be able to slow down in time. Bicyclists understand this. So I'm thinking firearms. Just like the movie The Weatherman, if I have a 45 straped to my left hip (I'll have to bear the extra 1000 grams), I'll bet the number of people that cut me off will drop. What would that say?
If you drive a car, PAY ATTENTION! If you ride a bike, FOLLOW THE LAWS. If a car hits a bike or if a bike hits a car, ISSUE A TICKET! If we bicyclists are going to be respected as vehicles, we need to follow the system to show the faults. And carry firearms.

It is a given that there are many cyclists on the road that do not either understand or abide by the laws that apply to them. There are many cyclists that come across as feeling above said laws. I've seen it time and time again, and I completely agree with Mr. Resnick on those points. Rare is the group ride that doesn't have at least one or two people ignoring the cars around them by riding double and triple in traffic, taking comfort in the apparent safety of the group. I've seen many cyclists just blow through stop signs, and even stop lights w/o even slowing. That is a source of irritation just as rough as irresponsible drivers. I will never claim that cyclists always behave responsibly.

What I don't agree with is the single-minded focus on the errors of cyclists with no attention paid to the countless infractions of drivers. Do drivers never pull rolling stops? Do drivers never cut other drivers off? Do drivers never fail to signal? Are drivers always attentive and respectful and responsible? It is my opinion, with only a sketchy understanding of the laws as they apply to responsibility, that the greater responsibility lies with the owner of the larger weapon. In a fight betwixt cyclist/motorcyclist/pedestrian and motorist, the motorist will almost always win hands down. Therefore, the motorist has a greater responsibility to pay attention and yield when necessary. Am I saying that "bi-ambulatory" travelers have no responsibility? No. Am I saying that "bi-ambulatory" travelers can just go about their way, all willy nilly hi-dee-ho? No. I'm saying that motorists, as much as they admonish cyclists for not paying attention and taking little to no responsibility for their actions, need to be "strong enough to point that high-powered perception" right back at themselves and recognize that historical trends aside, we all share the road, and we all have to take responsibility for it.

Dennis makes a good point. will equal weight be given to the driver of a H2 vs. the driver of a Volkswagon Golf in an accident between the two? If not, then Mr. Resnick follows a Might Makes Right creed, and there is no more to say here. He is a lost cause. If so, then he needs to carefully examine his reasons for singling out cyclists so. If it comes down to the safety of the cyclist, then he's going about it in a very odd way, and could advocate for cycling safety much more successfully by blaming cyclists a bit less.

What if the cyclist that died had been your son? Your daughter? Your wife, brother or sister? Would you still hold that they were, by default, at fault and let the driver off w/o so much as a $15 citation?

If I'm inattentive or irresponsible on the road (assuming no automobile involvement), I get a damaged bike, some road rash, maybe a broken bone, and a financial hit of a few hundred dollars. If a car is inattentive or irresponsible on the road, costs are in the thousands, and more importantly, people die.

Share the road people. The deck is stacked in your favor, and as drivers, you hold all the cards.

Something struck me in the story about the garbage truck vs. the biker. The truck began it's turn TWO BLOCKS BEFORE THE BIKER AND HAD IT'S RIGHT TURN SIGNAL ON. How and where is this still the driver's fault? What else was he supposed to do? If the biker saw the turn signal and still chose to speed up next to the truck.... I did a lot of biking way back when and know how hard it can be on the streets. You have to watch for cars and trucks far more than they watch for you. I've seen a lot (but not all) of bikers ignore the rules of the road and then get pissed when someone almost hits them. There are rules for a reason and they apply to all. When I'm approaching a turn and there are bikers, I turn on my turn signal extra early and try to maintain eye contact with the biker to make sure we're both aware of what I'm going to do, but I can only be responsible for me own actions, not those of the biker.

Why don't cyclist obey the posted speed limit? Just last week I was signaling to turn right and had to brake at the last minute because a cyclist doing about 40 in a school zone. He blew right past me on the right, ingnoring my turn signal. I am for cycling, but cyclists are out of control in this town.

I work in the transportation business and have easily logged well over 10,000 miles riding all over this city. I have never had an instance where I could potentially come into contact with a vehicle that was in FRONT of me. Even my close calls were not that close. I expect the unexpected, and am hypersensitive to my surroundings due to the fact a vehicle will hurt me. Having said that, I have seen my share of idiots that have no idea of their surroundings that are operating vehicles. Does not matter if they are on my side, front, or behind, an unaware driver is a dangerous driver to anyone on the road. There are no sides here. Everyone has the responsibility to be aware when operating any configuration on a pubic roadway. As a bicyclist, I apply a greater responsibility to myself in staying out of harms way because no matter what the rules of the road are, I trust nobody other then myself to get from point A to B safely.

My sympathies to the Jarolimek family during this time

heather B, good question. On the other hand, why don't drivers obey the speed limit?

i ride my bicycle twenty miles a day on the roads. i see drivers run stop signs every single day. i see drivers exceeding speed limits every day. what's more, i read the newspapers every day and read about the latest multiple-fatality car accident due to reckless driving. i read about people dying in alcohol-related accidents every week as well.

do bicyclists break the law while riding? of course. do drivers break the law while driving? of course. how come there is never an outcry over the epidemic of deadly speeding? cars speeding on highways kills WAY more people than bicyclists running stop signs through empty intersections.

Years ago I was riding my bicycle and was hit by a car turning right at an intersection. I was in the hospital awhile and missed several weeks of school from injuries I sustained in that accident. I was lucky to have survived. I have thought about that day many times. I believe that the driver of the automobile and I shared responsiblity for that incident. Had the car killed me, she would likely feel bad about that always. I was lucky, and I have learned that it really is important to be responsible, no matter which wheels you are driving/riding. There are many distractions...cell phones, pagers, etc. We all need to be vigilant in our awareness of our surroundings, and respectful of each other and our rights on the road.

In this case if it was my son, daughter, family member, of a friend what would I do? I'd be upset with them for doing something so stupid. You see a truck with a turn signal on two blocks away and you blow right through them going straight? It's clearly the riders fault not the truck drivers fault! Two none of my friends or family members are that stupid to blatantly ignore a turn signal, a stop sign, or most of all not pay attention to their surroundings!
If anything if I'm in a vehicle I'm going to like my chances better with the safety of my car with the airbags, etc..... I pay attention to once going on. As for now something needs to be done about bicylists taking responsbility for their actions even parents with their kids. Maybe it's because I live in the suburban part of Portland is where riders think the laws don't apply to them?

I was driving down my street going home when I noticed two kids riding bikes one more then just likely learned how to ride so he was going much slower then the older kid who had to be no more then 7. If I hadn't been paying attention this kid would have been hit by a car. They're both on the sidewalk so the older kid decides to past by not looking at all if there were any cars, so I figure the kid is just going to pass his brother get right back on the sidewalk once the next driveway came up. Does he? Nope he does a complete circle in the middle of the street without glancing to see if their were any cars coming. Luckily for him I was the only car if a car had been going in the other direction he could have just been easily been hit by a car. So, could the reason why most cyclists have to deal with the way they were brought up? Possibly? Were there any parents around in this situation to punish or make sure something like that doesn't happen again? No! I guess what needs to be done is better education in regards to bikes starting at a young age. I know if I had done that when I was younger I would have been punished for it and I wouldn't be riding a bike for a while, but then again my parents wouldn't have allowed that too happen and would have been paying attention even if I wasn't. Those kids were too young to be riding outside by themselves. It makes you wonder about the cyclists now who never obey any type of law that is designated to protect them? Was it because they weren't taught anything about sharing the road?

Resnick, you are a clown. All talk. I guarantee you are the guy that never makes a mistake and can never see the other side of an argument. You do not have to worry about ever running over a bicyclist because all the hot air you spew will keep them away from your car.

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