Cyclist killed: failure to yield?
Update, Thursday 7:00 pm: This post has a follow-up with details on two new bike/auto crashes in which a driver and a cyclist received citations.
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,
Clarification from Sgt. Schmautz, Thursday 4:30 pm: Police don't make recommendations as to whether charges should be filed -- they collect evidence and report to the DA's office, which makes the decision about filing charges.
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.
Update, Wednesday 12:02 pm:
Jonathan Maus follows up with an interview with bike lawyer Mark Ginsburg, who says
"The cops are miscontruing the law in a biased way. There's no mental state requirement [also known by its latin name of "mens rea"] for traffic violations. You can accidentally run a red light, or purposely run a red light, either way you are guilty."(Link)Ginsburg isn't the only lawyer getting involved now. Jonathan also posts a scan of this flyer handed out last night by attorney Robert Reid, and says Robert Mionske will make the crash the subject of an upcoming VeloNews column.


Comments
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.
Posted by: Steven Resnick | October 23, 2007 7:06 PM
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.
Posted by: David M. | October 23, 2007 8:38 PM
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!
Posted by: SB | October 23, 2007 8:42 PM
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.
Posted by: David M. | October 23, 2007 9:03 PM
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.
Posted by: Steven Resnick | October 23, 2007 9:03 PM
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.
Posted by: Elias G. | October 23, 2007 9:08 PM
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?
Posted by: David M. | October 23, 2007 9:20 PM
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.
Posted by: Anonymous | October 23, 2007 9:36 PM
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.
Posted by: Tom K. | October 23, 2007 10:20 PM
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!!!
Posted by: Anonymous | October 23, 2007 10:28 PM
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.
Posted by: petenik | October 24, 2007 12:36 AM
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.
Posted by: Jason | October 24, 2007 12:46 AM
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.
Posted by: Steven Resnick | October 24, 2007 1:03 AM
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.
Posted by: Steven Resnick | October 24, 2007 1:12 AM
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.
Posted by: Lawrence Knight | October 24, 2007 6:21 AM
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.
Posted by: Eddie Chen | October 24, 2007 7:39 AM
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?
Posted by: Tbird | October 24, 2007 8:03 AM
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.
Posted by: Deb J. | October 24, 2007 9:17 AM
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.
Posted by: dennis veatch | October 24, 2007 9:20 AM
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.
Posted by: david veatch | October 24, 2007 9:39 AM
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.
Posted by: Anonymous | October 24, 2007 9:40 AM
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.
Posted by: heather B | October 24, 2007 9:40 AM
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
Posted by: Bill | October 24, 2007 9:55 AM
heather B, good question. On the other hand, why don't drivers obey the speed limit?
Posted by: david veatch | October 24, 2007 10:17 AM
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.
Posted by: doug | October 24, 2007 10:51 AM
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.
Posted by: Annie | October 24, 2007 10:58 AM
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?
Posted by: Steven Resnick | October 24, 2007 11:25 AM
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.
Posted by: BILL | October 24, 2007 11:34 AM
Mr. Resnick is obviously just a victim of confirmation bias and therefore can not begin to wrap his mind around the fact there is a world of things in front of him he chooses not to see.
Posted by: D. Davis | October 24, 2007 12:10 PM
I was always told that bicyclist have to obey the same laws that autos obey. This means they're supposed to stop at red lights and stop signs, yield to pedestrians, and I'm pretty sure that it is also against the law to pass a car on the right.
Posted by: Colleen | October 24, 2007 12:17 PM
There are a number of drivers out there every day who don't follow the rules of the road. I would, however, bet that there are far more cyclists out there who are ignorant of the laws. Drivers have to pass a test showing they know the rules, cyclists do not. If I ever run over someone on a bike I will feel awful, but it won't be because I wasn't paying attention. I keep having the same experience over and over again where a cyclist will blow through a stop sign going the other way when I don't have one. I get people hiding in my blind spots while I'm trying to make turns, which is why I am anal about twisting my neck all sorts of awful ways to check for them. I get cyclists floating between traffic lanes and bike lanes without warning or reason. Then when I'm on foot they are constantly trying to run me down! At least cars don't drive straight at me and then swerve at the last second, causing me to play "deer in the headlights".
Cyclists need to start following rules that are based on common sense, not righteousness. Bikes are slow and small, and tend to blend into the surroundings. Those who operate them need to start thinking about people who want to keep them alive, but are having an increasingly difficult time doing it.
Posted by: Kevin | October 24, 2007 12:30 PM
I usually ride the max into work, but this summer I took up biking with my husband who has been riding for years. We choose to ride the bike route but see people ride 1 block over on busy Burnside instead. Along our route there are countless bikers who zip through stop signs and such. Yes, there are bad bikers. The funny thing is, i see just as many cars do the same thing on that route. I have almost car running a stop sign when I don't have one. I have also been the victim of cars going around me only to turn right at the next street only 20 feet ahead and cutting me off. I can't tell you how common this is. I keep my composure because I am afraid that the person might turn around and purposely hit me during a moment of road rage (like the incident a couple months ago). I ride so cautiously because I fear being hit, yet I still come close more time then I'd like to. I'm at risk, that's why I'm careful.
My point is there are a lot of good bikers out there, please don't generalize your view as a car driver who has never ridden a bike. I'd like to add that when driving in my car even before being a regular biker; if I saw a bicyclist on the right in a bike lane and I was gong faster and happened to pass them but had to turn right, I would without a doubt wait for them to pass. It only takes 5-10 seconds out of my day.
Posted by: DE | October 24, 2007 12:38 PM
Resnick, regarding the young children who committed the ultimate sin of *gasp* being children and not understanding the ramifications of their actions, what did you do?
Did you stop and talk to them about their mistake in an effort to help them learn, or did you merely glare at them while driving by? Granted, it is ultimately the responsibility of the parent/guardian to rear a child, but if the opportunity arises to help teach a valuable lesson, why not take it and make the world a better place?
You could have seized the opportunity and taught them about sharing the road. Did you?
Posted by: david veatch | October 24, 2007 12:38 PM
sorry for the typo, the fifth sentence is supposed to read, "I have almost been hit by a car running a stop sign when I don't have one."
Posted by: DE | October 24, 2007 12:40 PM
These type of tragedies happen way to often. But you can't get the bicyclist to admite they are ever wrong. Driving to work everyday I see way to many who think being on a bike gives them the right of way no matter what. I try to get away from or pass them and hope we both make it ok. I don't think drivers or bicyclist will ever agree on this, as both have those who don't care and refuse to give.
Posted by: Jessie | October 24, 2007 12:49 PM
Mr Resnick,
"How about punishing bad bike riders first?" -- they do get punished. Running a stop sign gets you a $200+ ticket. Just because you don't see cyclists being cited doesn't mean it's not happening.
"They're not riding in the bike lane correctly" -- what's the correct way to ride in the bike lane? If you're in the bike lane, is that not correct enough?
"Maybe they need the education course." -- which education course? I don't know of any for adult cyclists.
Aside from all that, you're missing the point of the initial blog posting...the police are not enforcing the law as it's written. The word 'perceive' is not in the law. The law is cut and dry and all we want is for it to be enforced, as written.
Posted by: Shana | October 24, 2007 1:11 PM
WOW! I have sat here reading everyone's opinions and some bashing. And I could go on and on about my ideas and feelings, but what I think is the best, most immediate thing we can do to stop this is EVERYONE; EVERY SINGLE ONE of US (bicyclists, auto drivers & pedestrians) needs to be aware of each other. Never assume the other is going to obey the law like they should!
As a pedestrian, yes, I have some right-away. Do I exercise that right to a "T", heck no! Just because the light says I can cross, I NEVER just go for it, I take a look around and watch for all cars, is that car going to stop, does he see me? Is that car going to try and turn with out waiting for the pedestrians, etc. My life is too precious to assume that a driver or a bicyclist is doing their "do diligence" in obeying the laws of the road. I can't even count the many of times that as a driver and even a pedestrian I see a person come directly out of a shopping store and dart right across the parking lot without even a LOOK to his left or right! God forbid, what if there is an idiotic driver racing thru the parking lot and does not even see him??? Or more often, the driver is not even paying attention and is on the cell phone.
When I'm bicycling, it's the same; I NEVER assume a driver sees me. I take into consideration all that's around me. Is that car going to turn, is that car coming up behind me seeing me, will he go around me, or crowed me into the sidewalk? The signal up ahead, will I be able to make it safely thru without it changing red? I think you all know that you can judge when a light is about to change red, if the crosswalk light is blinking DONT WALK, that means the signal is about to turn red. I use this trick on judging if I should slow down my car before approaching a signal so I don?t end up having to run a red light because I didn?t slow down in time.
When I'm the driver, I NEVER assume if the pedestrian is watching and see's me, like those who leave a grocery store without looking. I NEVER assume that biker is going to stop accordingly, and I NEVER assume the driver behind me is going to see the same red light I see.
You see, I've been taught to never assume, because when you assume, you make an "ASS" out of "U" and "ME."
I?m not saying these cyclist?s deaths were one or the other?s fault. I?m not saying give tickets out to every driver or every cyclist who breaks the law. The unfortunate thing here is that the Police can?t be EVERWHERE when someone is disobeying the law. So what can you or I do about it, be careful, be aware. I?m sure that every one of you posting today has disobeyed the law somehow, someway. You might not even know you ever did. How many of the laws of the road do you really know? I know I just recently learned one that is not heard very often, and I have yet to find someone who did know it, and I got a ticket for it.
When it comes down to it, WE ALL NEED TO WATCH OUT OF EVERYONE, please never assume! Drive, walk or cycle defensively but safely. Pay attention!!
Posted by: Julie Salinas | October 24, 2007 1:13 PM
Colleen said "I'm pretty sure that it is also against the law to pass a car on the right."...well, that used to be true. The law has changed:
SECTION 1. ORS 811.415 is amended to read:
(2) For purposes of this section, a person may drive a vehicle to overtake and pass upon the right of another vehicle under any of the following circumstances:
(c) Overtaking and passing upon the right is permitted if the overtaking vehicle is a bicycle that may safely make the passage under the existing conditions.
You can read more on this here:
http://www.stc-law.com/new_law_passing.html
Posted by: Shana | October 24, 2007 1:31 PM
Lets just make it an equal
playing field, I and every other driver had to pass a knowledge test and a driving
test to be allowed on the road with our motor vehicle. If we did the same for cyclists they would not be able to plead ignorance to the laws in place for them, also the bikes could be licenced to pay for all of the bike ways that need to be built. This also would allow them to be ticketed and held accountable for their actions the same as we are. I also ride a motorcycle, and am very aware of how little people driving their motor vehicles do not always see me, therefore I drive defensivly. So that I do not put myself in harms way. If we are horrible drivers in our motor vehicles we loose our right to drive. So should bicyclists loose theyre right to ride if they choose to blatantly disobey trafic laws.
Posted by: JASON H. | October 24, 2007 1:51 PM
Julie Salinas, well said. Well said, indeed. Too often we forget the basic "drive defensively" tenants and get caught up in pride, fear and road rage. Is anyone truly without fault, never having cut another off, pulled out in front of someone, or missed a stop sign? I think not. A perfect driving record on paper does not a perfect driver make.
I drive a Saturn ION, and it has HORRIBLE blind spots. I learned this, thankfully not the hard way, but with a couple close calls... once with a cyclist I just couldn't see. Our relative speeds kept him in my blind spot almost up until the last minute. Make no mistake, had I hit him, it would have been *entirely* my fault, but I'm sure he would have paid the higher price.
Aware of this weakness, I pay that much more attention. I have to. That is my responsibility.
A one-sided view that places the blame entirely on one segment of a population, be they pedestrians, cyclists or motorists will never improve the situation. Instead, it will only serve to further aggravate an already tense situation. We've seen that here. Thankfully, it's been in the context of blog comments, rather than someplace more potentially dangerous.
Empathy, and an acceptance that there will always be cars, motorcycles, bicycles and pedestrians sharing our trafficways is necessary. If fingers must be pointed, we need to point them at ourselves first before we earn the right to point them elsewhere.
Posted by: david veatch | October 24, 2007 2:06 PM
I'm not a cyclist. I take the bus to/from work 5 days a week, and I've been on the bus when the driver had to abruptly stopped because of a cyclist. On a crowded bus when the driver stops suddenly, passengers tend to lose it. It's scary for all involved. When I drive my car, I've decided to take the stance that a bike rider will appear out of nowhere to scare the daylights out of me. It happens a lot. So I'm ultra-cautious and annoying to other car drivers because the thought of hitting a cyclist (or another car for that matter) would be too much to bear. I don't think I'm better than other drivers or cyclists; I'm just trying to get from point A to B in one piece. Maybe the issue shouldn't be about who's to blame, but more about taking personal responsibility for our actions. Learn the rules and regulations and then follow them even if others are not.
Posted by: Pam | October 24, 2007 2:22 PM
high and mighty car drivers all over the place. I am a car driver. I am a motorcycle rider. Lastly, I am a bicycle rider. Some of you car drivers are just playing the role of a schoolyard bully. I am bigger, so get out of my way. If a garbage truck put on the right hand turn signal while driving in the left lane and started the turn in front of a car, where a collision ensued, who would be at fault? Even if the the truck put the signal on 2 blocks beforehand. That is the precise situation that occured with the cyclist. Get this through your heads....we are not IN traffic, we ARE traffic. And also to all of those car drivers who complain about cyclists that break traffic laws, i say this; I break the law everyday I drive my car. I go more than 1 mph over the speed limit. I never give enough time before a turn when I signal. I tend to run a light occaisionally, sometimes I block an intersection because traffic backed up at a stoplight, and I don't come to a complete stop at every stop sign. So when you are out there, pay attention to everyone else. We are all lawbreakers and we are all traffic.
Posted by: Pete | October 24, 2007 2:25 PM
I have a question for Resnick:
Are you aware that in the state of Oregon a bicycle is a vehicle? Would you get out of your gas powered, 3000 lb. vehicle to walk it across the street? If you do this I will too.
It's an unfortunate situation that children are first taught that they are pedestrians when they are on a bicycle. That's not the case in the state of Oregon. You're not a pedestrian unless you get off your bike. This is one of the problems confounding bicycling in Oregon, kids are taught to do the wrong thing.
Here's a scenario for you, a child is taught to go against traffic on their bike or to basically ride on the left hand side of the road. Now, let's put that child on a street with one way traffic and they are going against the traffic as they have been incorrectly taught. Now, there's a car wanting to come into traffic on this one way street but the driver is only checking for obsticles coming from the other direction. What do you think is going to happen to the child in the situation Mr. Resnick?
Posted by: Steve L | October 24, 2007 2:37 PM
Anyone who is angry and/or stupid(unaware) will never learn to share the road, period.
Posted by: Go F Yourself | October 24, 2007 2:42 PM
Ohhh, Ohhh, I know, I know! Pick me!
The kid on on the bike will get hit because the driver is going by the laws and looking for bikers riding with the flow of traffic! This happend to my mom when I was a teen. Kid was ok, but scared my mom and I to near death.
Had my mom looked in both directions and not ASSUMED that every biker on the road knew the correct way to ride their bike (i.e. with traffic), my mom wouldn't have hit her. Same with had it been a pedestrian, they are allowed to walk on both sides, so a driver should always think and look ahead before they turn. My mom shouldn't have just looked for cars in the one direction, but looked for kids, peds or bicyclists from the other.
That's why I always try to be aware of EVERYONE around me, cause it is undoubtedly possible for someone on the road (bike, car or pedestrian) that does NOT know or was never correctly taught the laws of the road.
Posted by: Julie Salinas | October 24, 2007 2:46 PM
It seems that the bicyclist must have been passing on the right. Otherwise he should have been able to slow or turn right to avoid the collision. It wouldn't have happened if there were no bike lane and he was behind the truck.
Posted by: Bob Maginnis | October 24, 2007 4:18 PM
1) Traffic safety in Portland is an oxymoron! Having moved here relatively recently, I'm constantly struck by how unsafe many intersections are -- cars allowed to park so close to the corner that all turns are blind, foliage blocking drivers' view, etc. The current setup with the bike lanes to the right of the right-turn lane is one more glaring example. Portlanders are usually such good planners; what's up with this?
2) I read the Oregon Driver's Manual carefully before taking the test for my OR license, and don't remember anything about cyclists having the right of way. Had no idea that was the case until I read about the first accident.
3) Cyclists in this town are generally a menace -- they don't stop for stop signs, red lights, etc. Driver resentment could be alleviated if police were more vigilant and quicker to write citations.
Please please please think hard about re-designing the lanes in the interest of traffic safety, but at a minimum, could education be a bigger priority?
Thanks!
Posted by: Regina | October 24, 2007 4:20 PM
high and mighty car drivers all over the place. I am a car driver. I am a motorcycle rider. Lastly, I am a bicycle rider. Some of you car drivers are just playing the role of a schoolyard bully. I am bigger, so get out of my way. If a garbage truck put on the right hand turn signal while driving in the left lane and started the turn in front of a car, where a collision ensued, who would be at fault? Even if the the truck put the signal on 2 blocks beforehand. That is the precise situation that occured with the cyclist. Get this through your heads....we are not IN traffic, we ARE traffic. And also to all of those car drivers who complain about cyclists that break traffic laws, i say this; I break the law everyday I drive my car. I go more than 1 mph over the speed limit. I never give enough time before a turn when I signal. I tend to run a light occaisionally, sometimes I block an intersection because traffic backed up at a stoplight, and I don't come to a complete stop at every stop sign. So when you are out there, pay attention to everyone else. We are all lawbreakers and we are all traffic.
Posted by: Pete | October 24, 2007 4:24 PM
I think you should shut this down because of people like Steven Resnick who are obviously just attempting to incite a riot. His suggestions are idiotic at best.
Posted by: Anonymous | October 24, 2007 4:37 PM
I think we all need to take a step back for a moment. I am a biker and a driver, so I see this from both sides and both sides have a point. we all as bikers and drivers need to be refreshed on the laws and safety of the road. every time an accident like this happens it makes me more aware for the next couple weeks, but I soon forgot the dangers of being on the roads (as a driver and biker). I'm not sure what the solution is, but the more aware and educated we are, the safer everyone will be. Ride and drive safe everyone.
Posted by: T.S. | October 24, 2007 4:39 PM
I fell awful for the cyclists who have died, as well as for the people who were behind the wheel who will have to live with it for the rest of their lives.
Like other drivers, I have seen enough really obnoxious cyclists to be very paranoid when driving. I have tried to notice the cyclists who stop at lights and make efforts to be seen, but the clowns who run reds/stop signs, wear nothing reflective, don't have any lights on their bikes and then act like you're the problem, riding on sidewalks when there is a clearly marked bike lane (that is a HUGE pet peeve) get on my nerves.
One thing I don't get is why front lights and back flashing lights are not mandatory on all bikes? Bikes are vehicles, bikes are traffic, fine. I don't drive around without lights on, so why don't they put lights on theirs? Lights were manadatory on Britain when I lived there and there weren't too many accidents.
Posted by: Chris | October 24, 2007 4:49 PM
I can't speak for Road bikers, as I like to keep to trails and avoid traffic at all cost. But as a driver, I have been cut-off by bikers at a 4-way stop sign way too many times, where they will not stop and continue to ride through as a group. It makes me really want to just plow them all down so they will stop it. But that's not the right solution. Road bikers need to obey the rules if you are to share the road. Many times I have to drive 10MPH because you can't stay in the bike lane and I can't get around because there's an island on the road. Should I plow you down too. Bottomline, those bikers who think they are above the road laws, deserve what they get. There are many road bikers who obey the rules and are hit by cars, and all I can say is, drivers also need to watch out for bikers when turning into them. Bikers ultimately should be a bit more aware of their surroundings and don't assume drivers will see you. Bikers are no different than a motorcyclist on the road. Small objects are hard to avoid, but easily run over!!!
Posted by: Anonymous | October 24, 2007 5:23 PM
tragic as this was the garbage truck driver did every thing he was suposed to do he used his blinker and was'nt speeding. the bike rider maybe did'nt notice the blinker, sometimes a blinker is hard to see in certain light conditions. i do'nt see any raeson for this driver to get a ticket...(he did nouthing wrong) it does'nt matter how many violations he's had.
Posted by: MONTE | October 24, 2007 5:49 PM
Bikes are always looking out for cars. Cars kill, not the otherway around. I have had cars swerve at me or just barely overtake me and turn right just as the car noses past. (They are unaware that I am riding 25 miles and hour.) I am still here because I know cars are trying to kill me! Agressive drivers should loose their license. BLAMING THE BICYLIST WHO WAS RIDING IN HIS LANE FOR HIS OWN DEATH IS CRAZY ! The bike is pictured under the tire. But the police say he was unable to stop. He was ran over man! Police need to operate stings from bikes and site drivers for dangerous behavior. They would write more tickets on cars than bikes. Oh yah, I drive a car too. It is easy to give a bike a brake when you have ridden yourself...
Posted by: Harry Prothero | October 24, 2007 6:20 PM
"Why do people assume it's the drivers fault?" BECAUSE A LOT OF YOU PEOPLE ARE NOT PAYING ATTENTION!!!! I will go out wearing a neon yellow and am very careful even if I have the right away. You would not believe the number of people who do not see me--I'm not that hard to miss--I'm a larger size and I'm wearing neon yellow???? This concerns me!!!! Drivers are too busy doing too many other things then driving like eating, talking on their cell phones, texting...... What really concerns me is if they don't notice me--what about a child? Would you just say that it was the kid's fault! Wake up--driving is not a RIGHT--Pay attention to what you are doing and stop being so flipping inpatient!
Posted by: Debra | October 24, 2007 6:22 PM
Firstly, my condolences to Brett's friends, co-workers, and mostly to the Jarolimek family. This is the loss of a human being. Let's not forget that.
This "debate" always amazes me. Dennis & David are absolutely correct. If you ride a bike: obey the law. If you drive a car: obey the law. Both: Be aware of one another.
Drivers are always stating that they see "so many bikers breaking the law." Yes. We do have those who give us a bad name. I would ask those drivers if they've NEVER failed to use their turn signal ... When was the last time they did a California Roll through at a stop sign? When was the last time they went 5+ miles over the speed limit? Alternatively, when was the last time they saw another driver do so? OK - let's admit it: You're not perfect; neither are we. Stop saying it's all of us and stop using your perception to drive rudely and disregard our right to ride.
I would also ask when the last time these fine drivers put their feet on pedals and actually rode a bike in traffic. It might give them a little more appreciation for what they are complaining about.
I live in NW Portland and find it easier, more economical, and faster to ride my bike for city errands. I have seen an improvement in driver awareness and courtesy. That being said, I cannot tell you how many times a driver will gun their vehicle around me, and cut me off less than 10' from the next stop sign - this when we just left a stop sign at the last block. Or insist on being right on my back tire between blocks because they want to race from stop sign to stop sign in NW.
On the way home from Tracey's memorial ride, I was proceeding through an interection with a green light on my well lit bike in my florescent yellow rain jacket while fully in the bike lane when a white Saab zoomed around me, turned right infront of me with less than 8' to spare ... he had his mobile phone glued to his head. I litterally skidded to avoid being hit. He never flinched. Had I been 2-3' further, I would have been the next with a memorial ride.
Drivers: Cutting into my lane is like moving into another car's lane. You have to look and have safe room without imparing my travel to do it. I will be aware of you - you be aware of me. Just because you don't "like" us or you resent our presence, doesn't give you the right to kill us.
In Germany there is a white line down the center of sidewalks. The outside lane is for bikes; the inside is for pedestrians. Everyone can ride.
Oh - Heather B.: Do you actually know how fast 40 MPH on a bike is? I highly doubt it. Stop exaggerating. It's not productive.
Steven: You are an arrogant idiot and a complete waste of time.
Posted by: Shanti | October 24, 2007 6:25 PM
Having used the Broadway Bridge approach to Portland's downtown area over the past few years it has been my experience that it is necessary to be very cautious of the cyclists using Broadway into the core area of town.
The approach on Broadway from I-5 West into town is downhill.
Cyclists have a tendency to ride at a rate of speed faster than car and truck traffic in the area can go.
Merging cyclists are erratic in their behavior. It is really difficult to know where they expect to go when they don't signal their moves.
The cyclists blow through the light at N. Larrabee on a regular basis.
The cyclist traffic in this area violates common sense, right of way and often seemingly does anything it pleases in this area.
I have never seen any traffic enforcement activity taken towards cyclists in this area. There may have been enforcement activity, but I haven't seen it.
It could be that the attitude of cyclists tends to cause some of the problems they have with other vehicular traffic.
Cyclists need to become part of the traffic flow not be separate from it.
Enforcement of traffic laws with regard to cycle traffic would be of value in helping cyclists become part of the traffic flow.
Cyclists do not exist in a bubble above or separate from other traffic, but they often act as if they do.
Posted by: KEN WRIGHT | October 24, 2007 6:50 PM
I get really pissed off when I see the number of cyclists who blow through residential and rural stop signs and /or red traffic lights (yeah, red means stop for you cyclists, too) as if they own the road. Then we hear about how a poor bike rider was hit by a car and how cyclists are all up in arms about how careless motorists aren't looking out for cyclists. Wah, cry me a river.
I just love it when y'all turn around and flip me off for honking at you for being stupid enough to run a stop sign or red light (oh yea, making me swerve to miss your sorry arse), just to keep your momentum up. Got two words for ya: Change Gears!
Cyclists have rights, too. I don't argue anyones right to ride a bike on the streets; just use some common sense. It is a trait that seems to be lost on way too many cyclists. Either follow the rules of the road, keep your head on a swivel, use your mirror(s), and pay attention to what is going on around you or pay the piper. I am a former motorcyclist, and a former road bicyclist; I know what the demands are on both motorized and non-motorized two wheelers. It only takes a moment for a cyclist to pay attention; transversely, it only takes a moment of not paying attention for a cyclist who has his head up his tooter to lose an unwinnable battle. I drive a 5400# full size truck; pull out in front of me when I'm doing more than 20MPH and YOU WILL LOSE!!!
Yeah, I've flipped off a few stupid drivers, too, but don't put all the blame on the car. There are some really stupid car drivers out there; I see them every day, too. Some car drivers have their head so far up their cell phones, they can't see the stop sign past their LCD screens.
Yes, drivers of automobiles of all shapes and sizes need to be cognizant of their surroundings as well; I will not dispute that. But that does not alleviate a cyclists responsibility to watch out for his own well being.
Somthing else all you bikers to keep in mind. Think about the colors of your clothes. If you're going to ride Skyline, Thompson, Cornell, or any other road in the west hills / Forest Park area, don't wear colors that blend into the background you're riding through! Duh!
I cannot tell you how many times I see a cyclist who is smart enough to wear 'his' teams' red and yellow colors in the fall months on Germantown Road. Hello! What are you thinking! Charles Bronson already has "Deathwish" covered. Don't put your presumtuous tooter on the line because the reflective tape was six dollars more than the little light that hangs on your helmet. If y'all can afford a $3000.00 bike, I'm sure you can afford the extra six bucks to keep yourselves visible.
It is tragic that two cyclists have lost their lives in the recent car v bike accidents. I hate hearing about these accidents. But until cyclists accept that they have to click out at stop signs (yeah, cars are supposed to stop at them, too, remember?), instead of avoiding that gear change; we will still hear about these tragedies.
Moral of the story to bikers: Don't ever assume drivers will see you or stop for you; be aware of your surroundings at all times and follow the rules of the road - they're meant for you, too, ya know!
Posted by: RJ | October 24, 2007 7:27 PM
Portland is not bike friendly. China is bike friendly. My co-worker from China is afraid to ride here. He was used to having three lanes for bikes and one lane for cars. Now thats bike friendly Portland. Take away a car lane and replace it with two more bike lanes. Build it and they will come!
Posted by: Harry Prothero | October 24, 2007 7:40 PM
I commute most everyday from Vancouver to downtown Portland sometimes along the very route that Brett was riding and to protect myself against what happened to Brett I bought the brightest headlight made and attached it to my helmet. It is so bright that cars get confused thinking the Max train has somehow moved from the center of Interstate Avenue to the bike lane! I have literally had cars who were turning right stop 150 feet ahead of me and wait for me to go through the intersection. Being as visible as possible is my responsibility.
That said, that hill prior to Greely is a 35+mph hill for a fit cyclist and I'm guessing Brett expected the truck to recognize he would be coming up on him fast. He was wrong and although technically in the right, this is one of those unfortunate incidents where the cyclist turned out to be dead right.
Posted by: Tom B | October 24, 2007 8:08 PM
This is my first foray into this discussion. As a disclaimer, I usually drive to work(about 95%) but occasionally ride a bike(5%or so). SO I admit I am biased...
I think it has been established here cyclists break laws(especially 7 y/o cyclists and there friends!) as well as motor vehicle drivers. Regardless of all the other "law breakers"out there on the roads, who did not follow the laws involved in this case? I would like to include the tragic death of the 19 y/o college student (someone my son knew)from a few weeks ago. If I understand the 2 accidents correctly, she was involved in the same type of accident: cyclist going straight at an intersection hits a truck turning accross the bicycle lane.
This thread starts with the statute ORS 811.050, that appears to cover this situation.
Can anyone argue that the cyclists did not have the "Right of Way"? Clearly cyclists need to ride defensively, in fact there lives depend on it. But if I read the statute correctly, It does not matter if the truck's turn signal is on for 2 blocks, or 2 light-years. The cyclist has the Right of Way. Also I just read that the driver of the truck has had 25 driving citations. Hmm. I can not seem to find anywhere how many moving violations the cyclist had had during his shortened life.
Posted by: TSM | October 24, 2007 8:20 PM
I am both a driver and a bike rider in the Hawthorne-Belmont area (pretty much the epicenter of bike activists). While mistakes are made on both sides, I do see far more bicyclists breaking the law (running stop signs and red lights) than motorists. A motorist is far more likely to be ticketed by the police for running a light than a cyclist, as it is just taken for granted in this city that bikes can behave that way. I recently visited Amsterdam, which has a very good safety rating for cyclists despite the fact that almost nobody wears a helmet, and I noticed that the cyclists there obey pretty much all the laws. Yes, it helps that they have their own lanes separated by curbs, and their own traffic signals, but they are just more careful, and less defiant than the cyclists here in Portland.
Perhaps - and this is just a guess - some of the aggression towards cyclists by motorists stems from the defiant and reckless attitude of a small group of activist cyclists that they witness break the law daily. Critical Mass comes to mind - they name themselves after a phenomenon in China, but don't realize that their namesake was just to get to the other side of the road, not purposely block traffic)
Bottom line, regardless of laws, is that as cyclists we all have to be more careful because we do not enjoy the luxury of being protected by 2 tons of metal.
Posted by: Bizill | October 24, 2007 8:28 PM
Congratulations for not murdering a child on a bike with your car. I salute you for your valor. Too bad the garbage truck driver didn't have your 5th sense.
Posted by: KidFriendly | October 24, 2007 9:34 PM
Everyone should always be aware of their surroundings while driving. Drivers of any vehicle should yield if it appears the other driver will not. No matter what they are driving.
With that said... I also look at it this way. If you drive a car, a motorcycle, or a boat you are required by law to have a license. To have the right to operate the vehicle in city, county or state limits. So why shouldn't bicyclists be required to carry a license to ride in the those limits as well?
If a driver can have their license suspended for driving recklessly. I can't see why a cyclist couldn't loose that privilege as well.
Posted by: Caroline | October 24, 2007 9:42 PM
I believe that Brett's death is particularly frightening to cyclists because he wasn't just a rider, he was accomplished at it. He raced, repaired, and lived the lifestyle.
It strikes a fear in me to know that no one is safe, even the most skilled.
As a rider I feel vulnerable.
I feel free.
When I'm out on a bike, I'm keen on my surrounding's. I have to be.
Mr Resnick you sir are the very type that strikes that fear in me. The type that blows by me.. bike lane or not.. in the same lane believing we are not even worthy of being on the same road. Then ask me to save your daughters life in an operating room.
You think I'm careless when I roll slowly through an intersection, yet being out in the elements gives me far more perception than you could ever imagine putting on your makeup as you drive.
I may break the law when I roll through an intersection,I treat each intersection independently, taking traffic into account, time of day, visibility.. mine and yours.
chances are, if you even see me rolling through a stop, I will be under 3mph. My Father taught me 40 years ago.
"the safest place to ride is where the cars aint".
I don't feel the need to get fuzzy close to your exhaust fumes
But I need to share the road with cars, so I make every attempt to distance myself from you.
When a motorist makes a dumb move around me,
be it buzzing too close, then a right turn without a signal inches away, gunning your engine as you creep up my rear wheel, or simply flashing your lights and honking when I'm going the posted speed.
Here's a few things to consider:
1-that 3000lb vehicle pushes a lot of air along with steel, an 18 wheeler at 50mph can blow a rider off his bike. The vacuum (draft) as it passes can suck him into traffic.
2- If a rider is out in the lane, there's usually a reason
it's not just to aggravate your narcissist tendency's.
SB 938 allows me to use "your" lane and so far it's looking like ANY intersection qualifies as hazardous these days.
3- Using your vehicle to try and intimidate me is called Menacing, It's a felony in this state. If you tried it with a cop, he's be justified in shooting you.
Here's a clue..If you have to break the law to go around me, be it speed, crossing a double yellow, or going three wide like Talladega..your in the wrong.
When a motorist pulls some dumb move around a bike, It's suddenly life and death...
plain and simple.
It feels like that to me.
My adrenaline pumps as if you had pointed gun at me.
What's left... is Rage.
I feel like dragging you out of that steel cocoon and beating some sense into you.
Education is needed. both Riders and Drivers.
The DMV test for driving is absurdly negligent for both bike and pedestrian laws.
My last drivers test had absolutely zero bike situation s.
Many veteran drivers believe
"I've forgotten more than you'll ever know"....
"walk a mile in my shoes" comes to mind.
I've ridden the entire west coast by bike. I believe Portland is one of the best to ride in. California's version of allowing vehicles in bike lanes for turning is not a bad idea..It works for them because CA is far more spread out than Portland.
California streets afford far more room for integration than say a downtown block with a bike lane.
Trucks and bikes have the same problem down there. Consider:
Trucks get as far LEFT as possible in a lane and only cross the bike lane at the last second, very misleading to a rider, and usually just with the back wheels even enter the "crush zone" of a bike lane, pre-intersection.
I don't pull up beside trucks like the one that killed Tracey Sparling. I pull in behind the last car in line, I take the lane, ride through the intersection, then move back to be passed if need be.
If you change anything re: bike lanes, put "go" and "no-go" stripage in a bike lane, appropriate for the posted speed, measured for the bike rider's reaction distance, and obvious to motor vehicles.
In other states this is marked by the actual
bike lane stripe becoming a broken stripe. This signals the motor vehicle that their in the cyclist's red zone for reaction, If a cyclist is ANYWHERE in that area, you run the risk of a collision.
This is not permission for cars to move into the bike lane like California, this merely, informs a motor vehicle of distances that should be considered safe.
Bike boxes would be nice in a perfect world but, you can't even keep a car out of the crosswalk, how you expect to keep a car 8+ feet back more!
Your better off just accepting that If roll up on a light first, I'm going to take the lane like a car, box or not, especially in downtown, especially when the flow of traffic is bike speed....
Posted by: Steven J | October 24, 2007 9:51 PM
I think we can all agree that there are idiots both on bikes and in cars! I drive down that hill (interstate ave) every morning and have seen more bicyclists causing problems than cars. There are 2 traffic lights at the bottom of that hill and I have seen bikes go through them while they were red on many occasions plus I've had bikes pass me going down the hill while I was doing the posted speed limit. Don't take this personal bikers but I treat every one of you like your an idiot when I'm on the road and keep my distance in case you screw up and most of the time I'm not proven wrong. Maybe you all should do the same thing with cars. There are problem causers on both sides but we all need share to the road. Don't blow through an intersection when I have the green light or veer in front me and I'll make sure the bike lane is clear when I turn.
Posted by: Rob H. | October 24, 2007 10:01 PM
I'm actually surprised this doesn't happen more often. I have seen cyclists make their own lane between the cars in the left lane and the parked cars on the left side of 1-way streets. Drivers don't really expect them to be there and neither do passengers getting out of parked cars. There is room between the parked cars and the cars in the left lane for a small car door to open and that's it. While hitting an open car door may not kill a cyclist, any impact with the cars moving next to them easily could.
Posted by: CR | October 24, 2007 10:11 PM
The hyperbolic tripe being emitted from Resnick's mouth is almost beyond response. However, I'll give it a try anyway.
The law allows for bicyclists to "take the lane", in cyclist nomenclature, provided they can keep up with traffic. While in the lane they are bound by the same traffic laws as cars. Cyclists are not required to perform asinine maneuvers like getting off their bikes to cross the street, and they are specifically prohibited from using sidewalks and crosswalks when there is a bike lane available.
I make no defense for arrogant riders, of which there are many, who ignore the rules. The problem is that for every arrogant rider, there are 50 (or more) arrogant drivers.
I am both a driver and a cyclist, so I view this from both sides of the argument.
In highly urban areas like downtown Portland, cyclists are almost required to utilize the auto lanes for many reasons. It allows them to make left turns just like normal traffic would, without having to wait through pedestrian crosswalk cycles which take twice as long for the same maneuver. It allows them to move at higher speeds without endangering pedestrians. It allows them to not get "doored" (to use another cyclist term) when unthinking drivers open their door quickly and unexpectedly into the bike lane.
There are education and enforcement and education problems for both drivers and cyclists, however drivers have a much greater degree of responsibility. A cyclist who accidentally runs into someone won't kill them. There may be injuries all around, but as noted in above comments, a bike doesn't have multiple tons of mass to throw around.
Cyclists need to learn not to put themselves in dangerous situations with their actions or inattentiveness.
Drivers need to PAY ATTENTION.
Posted by: Jay | October 25, 2007 12:05 AM
I worked for the Portland Public School district and spent much of my time driving for school to school for two years. I was very aware of portland cyclists. The biggest issue I had was many never stopped at stop signs. I think that if both drivers and cyclist did a better drop of watching for each other and following the traffic laws we would have alot less accidents and deaths.
Posted by: Peter Wolf | October 25, 2007 7:53 AM
bikes need to get off the streets
Posted by: Cory Kennedy | October 25, 2007 8:37 AM
We always here about the bad cyclists.
Do you hold those same opinions for the legal cyclists?
Seems like this person was cycling in a bike lane.
Remember these are professional motorists making money.
What it boils down too is a lack of protection by the people who use the streets, and the local government.
What about a black box in an auto? Then the lonely cyclists would have a voice in the investigation. Nope not needed.
What about 25 mph speed limits? Nope not needed driver do fine killing people.
What about legal recourse? nope not needed since we can just bend the law any way we perceive since they are so crappy in the first place.
Posted by: ben | October 25, 2007 9:46 AM
I am a senior citizen with mobility disabilities. I do not own or drive an automobile. I would dearly like to walk the sidewalks and cross the streets in peace and not be subjected to crazed bicycle riders who completely disregard the safety and well being of not only senior citizens, but children, people in wheelchairs and people who simply wish to WALK! Speaking of walking, it is just as good exercise if not better than bicycle riding. As far as I am concerned, we should have a race for all bicycle riders to see who can cross the Steel Bridge the fastest when it is in the "open" position!
Posted by: Samuel R. Ganczaruk | October 25, 2007 10:37 AM
Just a few laws I see drivers breaking on a weekly basis.
811.025 Failure to yield to pedestrian
on sidewalk
811.020 Passing stopped vehicle at
crosswalk
811.028 Failure to stop and remain
stopped for pedestrian
811.050 Failure to yield to rider on bicycle
lane
811.100 Violation of basic speed rule
811.125 Speed racing on highway
811.167 Failure to yield right of way
to transit bus; rules
811.210 Failure to use safety belts
811.265 Failure to obey traffic control
device
811.270 Failure to obey one-way designation
811.290 Obstructing cross traffic
811.335 Unlawful or unsignaled turn;
penalty
811.360 When vehicle turn permitted
at stop light; improper turn at stop light
811.365 Illegal U-turn
811.375 Unlawful or unsignaled change
of lane; penalty
811.400 Failure to use appropriate signal
for turn, lane change, stop or exit
from roundabout
811.410 Unsafe passing on left
811.415 Unsafe passing on right
811.420 Passing in no passing zone;
exceptions
811.435 Operation of motor vehicle on
bicycle trail
811.490 Improper opening or leaving
open of vehicle door
811.485 Following too closely
811.555 Illegal stopping, standing or
parking
Posted by: annon | October 25, 2007 10:46 AM
I keep hearing bad driving, law breaking, he said she said stories about both vehicle drivers and bicyclist riders. The word ACCIDENT keeps comming to my mind. An accident ending in a death is a terrible thing to live with. I have had near miss accidents and feelings of anger towards bicylists and vehicles. Lately it has been against bicyclist on roads with out bike lanes and holding up traffic causing near head on accidents as vehicles try to pass the bicyclist. I choose to drive a car and value my life and others enough to be as careful as I can while using the roads. I think at this time many of the bicyclist should think about how they may value their lives as they make the decision to ride among motorized vehicles. You can complaine and complaine about how we motor vehicles drive irresponsible but BOTTOM LINE is there will always be bad drivers and the only thing that will change will be more deaths due to accidents. Who do you really think has the chance to survive an accident, the person in the vehicle or the person on the bike?. Making a point regarding who is in the right and who is in the wrong with your life does not really seem to be the answer.
Posted by: Vicki | October 25, 2007 11:56 AM
Gas prices are going up, up and up. Motorists your days of domination are closing, get used to it. Get off you but and quit fowling my environment while funding terrorists so that you can continue your unhealthly lazy self centered exisitence.
Posted by: TED | October 25, 2007 1:53 PM
Annon,
You have done your research, which is great. Keep in mind though, that every one of the laws you have listed, keep two or three, are also broken daily by cyclists.
I read amongst all of the replies that both cyclists and drivrs are at fault here and both parties are more than ready to point a finger at the other party. Myself included.
I have to ask: what makes a stupid driver or cyclist? Not paying attention? Not knowing the law? Using cell phones or other electronic devices while driving / biking? My personal answer is, it is the person who does the least to prevent the most. Why go out of our way to make sure that car / bike is going to stop for me? I am me and I have the right of way, dammit! Uh, sure.
I am sure that I do my share of pissing of many other drivers / bikers on daily basis. Why? Is it intentional? No. It is that everyone of us has a different perception of what right and wrong is; of what the letter of the law is; and what the value of life is. What is stupid and what isn't.
We have become a society so worried about ourselves, so caught up in getting there first, so worried about the next buck, being to practice on time, catching that phone call, etc... that we have forgotten that life itself is more important than all of this combined. Myself included.
Until we all pull our head out of our arses and start treating each other with a little respect, we'll continue to see the unfortunate accidents such as these. Nuf said, I'm off my soapbox.
Posted by: RJ | October 25, 2007 2:20 PM
Everyone needs to obey the law, drivers and cyclists alike. We both need to obey all traffic signals and use signals to notify others of our intentions. The existing laws need to be enforced for ALL users of the road. Drivers DESERVE to get tickets for driving in bike lanes, cyclists NEED to get tickets for riding on the wrong side of the road and generally not complying with the rules of the road.
The truck driver passed Brett and then made a right turn in front of him at the bottom of the road. He should be PROSECUTED for Brett's death.
Posted by: Phil A | October 25, 2007 2:33 PM
I would like comment on cyclists outside city limits on rural, county roads. Out here many of the cyclists are not commuting, but cycling for recreation. What a wonderful way to spend a Saturday. My issue is that many of them ride out in the middle of the lane, two three deep, and do not move over for me to pass legaly. It is illegal for me to pass them if the lane is not marked for it. Many drivers do as most cyclists do not yeild to traffic. Why is it so hard to move to the should of the road? Maybe get off of your bike for a second and let the traffic pass? After all we are traveling the speed limit of 50 mph, and the cyclist is not. After all it is a recreational bike ride, you have all day, right? I will slow down for you, and go around you, but not at risk of my own saftey! So if you see me on your rear fender get off your bike and get over.
Posted by: lisa | October 25, 2007 2:57 PM
Almost every post here has at least one good point included, illustrating the fact that this boils down to the issue that cars, cyclists & pedestrians all share the road and we must all be vigilant, careful and respectful and SHARE the road. I will have to say that I see as many if not more "bad" riders than drivers. No, might does not make right, but as the officer says "you can be right or you can be dead right". I agree that drivers have a high degree of responsibility because their vehicle can easily kill. I ALSO agree that riders have a high degree of responsibility to take extra precautions because the bottom line is they are operating a "vehicle" that leaves them vulnerable and exposed. When I was learning to drive my parents taught me a valuable lesson - if a semi truck is in your path you happily concede because in a tangle you will lose. That's not to say that it makes drivers right, but it keeps people from being dead. Unfortunately we will never be able to control other people's actions and we'll never have all good drivers and all good riders. So drivers and riders, just try to use some common sense and keep your eyes open. To those who can't stop mentioning that the garbage truck driver should have at least gotten a $15 citation...what? If the evidence (so far) at the scene and the witness statement all support that the rider was at fault then why does the driver automatically get a ticket? It's gross to think that would somehow mitigate the fact that a man lost his life because of a tragic accident. Oregon has a no fault law (he said/she said means "no fault") between motorists and it has to be the same between drivers and riders. The police OFTEN turn a blind eye to cyclists who are disobeying the law because it's hip and green to ride a bike. Riders shouldn't be arrogant just because they are riders and drivers shouldn't be arrogant because they are in the bigger vehicle. Education is the key.
Posted by: Lili | October 25, 2007 3:02 PM
It's time to have bicyclists get driver licences to ride their bike on the road. Have a permit to be on the road. You would get a permit it would show that the bike meets safety regulations. Licence to show that you have passed a class that includes bike safety, rules of the road, and a contract saying that you will follow them . Make the helemet law mandatory for everyone. To make bicycling work bicyclists must follow the rules that have been set and take responsibility for their actions, just like an auto drivers. Use the fees collected from the licences and permits would pay for bike lanes, enforcements of laws, etc.
Posted by: Federico Aquino | October 25, 2007 4:41 PM
I ride mostly in rural areas and preferably in a group. When I ride by myself I usually have a near miss with a car: even though I am near the shoulder, have blinky lights and wear a brite silly ass clown suit. But, in a group or with another rider this seldom happens. The reason is there are NO WITNESSES when I am alone. "The fool will no doubt hit and run..."
Posted by: Harry Prothero | October 25, 2007 6:42 PM
Where do Brian Schmautz and Mark Kruger live?
Posted by: Valerie | October 26, 2007 12:14 AM
When compared to driving a motor vehicle, bicycling is a morally superior form of transit. Furthermore, the traffic laws were almost all written for motor vehicles. Therefore, expecting bicyclists to obey the traffic laws is ridiculous.
Posted by: Valerie | October 26, 2007 12:30 AM
Recent events demonstrate that the government will not protect bicyclists from homicidal motor vehicle drivers. Therefore, bicyclists must protect themselves by any means necessary.
Posted by: Valerie | October 26, 2007 12:34 AM
It's becoming obvious that the government will not protect bicyclists from homicidal motor vehicle drivers. Therefore, bicyclists must protect themselves – by any means necessary.
Posted by: Valerie | October 26, 2007 3:28 AM
I agree with people who have said it's time to license cyclists and I will go further and say license & register their bikes. If they are truly "vehicles" and have their own, apparently inviolate, lane, and can "take the lane" of motor vehicles when they choose, if they can legally pass a motor vehicle on the right (incredibly dangerous regardless of bike lanes and laws) and generally get to ride when and where they want, then they can be licensed and registered just like me and my car. They should have to have safety check ups like cars have to go through DEQ, they should have to wear protective clothing and gear like I have to wear a seatbelt. If we are truly going to share the road, then let's share the road in full, including having cyclists pay a little for the privilege like motorists do. If they want to ride down the middle of the road because there isn't a bike lane then they can help pay for it. Regarding the comment made by a rider that if he reaches an intersection first he takes the middle of the road to be in front of any cars - fine. You were there first. But too many cyclists believe that just because they are on a bike they get to go to the front of the pack by riding between two lanes of traffic or down the right - not so. If you want to be treated like a vehicle then you have to play by the same rules.
PS - I'm assuming that "Valerie" is being extremely sarcastic. If not, then the comment that cycling is morally superior is exactly the mind set that has greatly contributed to the problem that exists.
Posted by: Lili | October 26, 2007 1:48 PM
I keep hearing that bikes are passing on the right. A car should be able to outpace a bike. The reason the bike is passing you is because there are too many cars slowing everything down. Besides the right lane of traffic often out paces the so called fast lane and cars constantly change lanes (passing on the right by the way, even in intersections) to get through traffic. More bikes and more bike lanes than car lanes would move more people faster and help relieve the gridlock... If you make it to the olympics in China, you would be advised to ride a bike!!!!
Posted by: Harry Prothero | October 26, 2007 4:12 PM
I have been cycling for 20 years in cities all over the world, I grew up riding on the east coast where cyclists get NO respect. We have it good here in Portland compared to most of the US. Any cyclist that trusts a car will wait for them before they turn is just asking for it. Ride with the simple rule that everyone regardless of their intentions are out to kill you.
Posted by: Scott Smith | October 26, 2007 5:19 PM
Lili – Do you dispute my assertion that bicycling is a morally superior form of transit? If so, let's see your argument. When addicts rationalize their destructive behavior, it can be entertaining.
Posted by: Valerie | October 26, 2007 5:26 PM
Lili,
Why do you think the cyclist in this tragic accident was in the wrong? the truck driver CLEARLY broke the existing law! ?Have you been paying attention? Read the statue on the first post on this thread. THe bicyclists in the area would appreciate if you knew the law...THen why did the truck driver not get atleast a ticket? DO you think it is because the motorists there( i.e. witnesses ) don't know the law...
I write this as Brian Williams on the evening news has a segment on why the bicycle is the vehicle of the future! Oil just hit its highest price in history. The gas powered motor vehicle is a large part of the reason for increased CO2 and global warming. Face it.Now if we could just get an administration with a brain that would add maybe $2/gallon tax on gas so that people would get out of there cars and bike more.
Posted by: TSM | October 26, 2007 5:42 PM
ok here it is:
1. We need to make it harder to get a license to drive. Teach the rules, and more importantly, teach everybody how to drive safely!
2. Make drivers ed classes mandatory at high school (if it not already) and for adults every few years. You would make the adults pay for the class to cover the cost.
3. Make bike riders that want to ride on any major road have a permit to do so. Maybe some kind of bright sticker/flag that would have to displayed on a specified part of the bike. To get that permit, you would have to attend a class (also paid by the cyclist) that would teach them how to avoid dangerous situations. Basically a defensive class for cyclists.
Really I think what it comes down to is this:
Overall, the safe drivers and the safe cyclists are doing a good job on the road.
It is the people on both sides who take for granted what they are doing at the moment who end up losing.
One more thing: CYCLIST! BEWARE OF LARGE VEHICLES ON THE ROAD. GARBAGE TRUCKS, BUSES, DUMP TRUCKS, SEMIS AND SO ON! They have larger blind spots than a regular sized vehicle. Assume they do not see you. It is just a minor inconvenience to you to yield for a second. It just might save your life. Life is a good thing!
Ride safe...drive safe!
JR
Posted by: JR | October 26, 2007 6:57 PM
Please do not blame the garbage truck driver for this tragic accident. That's what it is, an accident. Otherwise they would have cited or arrested the driver. The police were there at the scene and saw everything. Only they can make the call on what really happened. I feel for the families on both side of the accident. Especially for the driver who has to live with this for his entire life. He is some average joe working 60 hours a week to provide for his family. That's what I picture anyway. I guess he could be a crack head picking through the garbage he collects. Not that likely though.
Back to the point, how would you feel if you killed someone by accident? Can you really answer it? Do not forget the word ACCIDENT! I would be f***ed up for a long while.
JR
Posted by: JR | October 26, 2007 7:16 PM
Valerie wrote:
When compared to driving a motor vehicle, bicycling is a morally superior form of transit. Furthermore, the traffic laws were almost all written for motor vehicles. Therefore, expecting bicyclists to obey the traffic laws is ridiculous.
JR Now:
WOW! I thought cyclist had to obey the same rules as motorist on the road. Am I right here?
I see people on bicycles always disregard the LAWS of the road. I also see drivers do the same. But this statement scares me. I hope you take caution on the road Valerie because that mindset will get you hurt. Please take care!
JR
Posted by: JR | October 26, 2007 7:30 PM
My husband rides to work, and rides for pleasure. He makes sure to follow the laws of the road. We live in Columbia County, where there are many log trucks and cars going too fast along small country roads. However, my husband makes sure to give way to much larger and much heavier transportation. From eyewitness accounts, it seems to me that the garbage truck driver signalled and started turning at least two blocks ahead of the cyclist. The cyclist should have had enough time to stop even if he had the "right of way." As my husband says, "It doesn't matter if I have the right of way, I'm going to keep myself safe and say out of the way of bigger vehicles." It seems that common sense is lacking, not just those driving cars/trucks, but those cycling, as well. Those who drive should slow down when they come up on cyclists, and give the right of way with grace. Stop flipping people off just because they are trying to take care of themselves and perhaps the enviornment. Cyclists should stop riding four abreast, cruising through stops, and remember that they are sharing the road with much larger and heavier cars. Who's going to get hurt if there is an accident?! People use your heads!!!
Posted by: Naomi | October 26, 2007 9:43 PM
JR
The police did not issue a citation despite the fact the garbage truck driver broke the law. The driver said he did not see the bicyclist so he did not know he needed to yield the right of way. The police decided this was OK.
Try out this analogy:
let's say a gigantic Hummer is coming down a 2 way street with his left turn blinker on as you drive in the other direction in your vintage VW beetle(imagine whatever smaller vehicle you would like). Right as you get to an intersection he turns left into your path and your car is crushed. Clearly you have the right of way aggreed.? He is responsible,right. Let's add that your loved one is killed in the accident. But, Mr. Hummer tells the police he did not see you, so it was not his fault. The police aggree, saying if Mr Hummer did not see you he could not be expected to yield the right of way to you! What do you think? Then you go online and people tell you it is your fault, the hummer had his blinker on! You should have stopped and avoided him.
The law in both cases is cut and dry. The police are "interpreting" the law instead of enforcing it, effectively condoning the rash of cycling fatalities.
If a cyclist runs a red light, or a stop sign and is hit, it is their fault. Cyclists aggree with this.
The cyclist, Brett Jarolimek(as well as Tracey Sparling), was killed while riding in the bike lane. He had the right of way. The statute states that a motor vehicle MUST yield the right of way to a cyclist in a bike lane. End of story.
Since the truck driver has already had 25 moving violations, I would hate to see him have another on his record.
Posted by: TSM | October 26, 2007 10:48 PM
JR – With regard to SAFETY, the laws of the road you cite are NOT the same as the "laws" of survival.
In fact, the laws of the road sometimes even hinder safety because they were written for motor vehicles. For example, going through a clear intersection but against a red light is much safer (especially safer than the recent right hooks in Portland) because it allows the bicyclist to establish position on the other side. I do that continually and it works VERY well.
Posted by: Valerie | October 27, 2007 2:10 AM
Much like Americas citizenship tests, I doubt motorists even know the laws pertaining to bikes, DMV barely covers passing another CAR safely.
Posted by: Steven J. | October 28, 2007 3:17 AM
you, YOU are responsible for your safety, no law can protect you, ride like everyone is out to kill you, drive like everyone is a blind deaf mute who just stole a car or bike, you MUST assume the other person is an piss poor rider/driver, DEFENSE DEFENSE DEFENSE.
Posted by: jason | October 29, 2007 10:47 AM
I thought that bicyclists were supposed to follow the rules of the road as an auto would. Since when it is ok for a bike to pass on the right and assume right of way without verifying you have a clear path? I dont know how many times I have been cut off by a bike and had to swerve to avoid hitting them. Bicyclists also pull out from side streets and look at drivers who are traveling on the main street like it is their RIGHT to go and traffic must stop to let them in. Pedestrians have the right of way at street corners, this doesnt mean bicyclists do as well.
This is from the
Bike Manual for Oregon :
You may pass on the right under certain conditions, but always do so prudently and if it's safe to do so. Some drivers may want to turn right at the next driveway or street. They may not see you if they aren't looking your way. Ride at a reasonable speed, and scan carefully for right turning cars. If a car ahead of you is signaling a right turn, do not pass on the right. Do not pass stopped cars at a crosswalk or intersection they may be stopped to let a pedestrian cross or to let another car through.
If everyone is watching their surroundings and following the rules then bikes and cars should have NO PROBLEM sharing the roads. Be courteous and drive/ride safely.
Posted by: Confused | October 29, 2007 12:19 PM
RE TSM comment about truck driver being obviously at fault....Thats not exactly true either.
Another law, ORS 811.355, states that they (autos)must “proceed as close as practicable to the right-hand curb or edge of the roadway” when “intending” to make a right-hand turn.
It doesnt make an exception for a bike lane.
Posted by: Not as always appears | October 29, 2007 2:34 PM
I have no particular problem sharing the highways and byways with bicyclists but I do think that if we are going to share them we should be on as equal footing as possible. Bicyclists should have to prove their qualifications to operate their vehicle by having a valid operators licence, licence plates, tags, proof of insurance, headlights, tail lights, turn signals, backup lights, all of the same safety devices that are required by law for motor vehicle. Furthermore,
since their vehicles are inherently more delicate, they should have extra safety features (flashing lights - flags - ROPS - protective clothing - ?)
Posted by: steve hansen | October 29, 2007 6:53 PM
First, let me say that I feel for the two families. These were both tragic events. As someone who works downtown I see a LOT of abuse of the traffic laws by bicyclists. They run red lights, turn left from the far right lane with no signaling and are an overall nuisance to automobile traffic and pedestrians alike. Granted, there is a fair share of responsible riders, I think it is unfair for the automobile drivers to have to second and third-guess what crazy maneuver a bicyclist may or may not try to perform as you pass them on the street. Bicyclists need to be trained the same as motorcyclists in the Team Oregon program, that THEY (motorcycle riders) have to constantly be on the defensive or risk losing their life. Not all drivers have a clear 360 degree view from the captain�s chair, especially when a bicyclist darts across three lanes of traffic to suddenly turn in front of you. Both sides need to do a better job of being aware and evaluating their surroundings. Bicyclists: Obey and respect the traffic laws! Yes, you need to obey them too and don�t forget that cars are larger and heavier than you. You need to keep your eyes open just as much as the drivers need to be aware of your presence.
Posted by: Troy | October 29, 2007 8:46 PM
It still isn't clear to me how KILLING SOMEONE isn't worth even a traffic ticket.
Posted by: Sarah Sherertz | October 30, 2007 7:21 AM
Sarah
If you were driving your car down the street and a bike pulled in front of you and you ACCIDENTALLY hit them, and they passed away as a result. Would YOU deserve a ticket? You didnt do anything wrong. You were obeying the rules of the road. Why should you be ticketed for obeying the law?
Posted by: Confused | October 30, 2007 12:20 PM