“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, electric assisted bicycle, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.”
I just read Kimberly Wilson's Oregonian article on Oregonlive. The article was describing BTA's New Year's Day ride in Portland. She did a good job of describing the concerns of cyclists but I was concerned when I read the following:
"Like many in the crowd Tuesday, she rode in memory of Jarolimek, 31, who was killed in a "right hook" collision as he cycled down a bike lane into the path of a turning garbage truck."
If you don't think that's responsible reporting contact:
kimberlywilson@news.oregonian.com
I did.
++++Letter to Oregonian reporter++++++
Ms Wilson,
I just read your article on the New Year's Day ride. Good job on describing the concerns of participants, however I was really concerned when I read the following:
"Like many in the crowd Tuesday, she rode in memory of Jarolimek, 31, who was killed in a "right hook" collision as he cycled down a bike lane into the path of a turning garbage truck."
I'm not so sure that he "cycled down a bike lane into the path of a turning garbage truck" nearly as much a a turning garbage truck failed to yield right of way to a cyclist riding in a bike lane.
Your article gives the impression that Brett did something wrong. He was riding legally. What was illegal is that the cement truck entered the bike lane without yielding to a cyclist. It's bad enough that the police don't enforce the laws in these situations, please don't add to the public's perception that the cement truck driver's actions might just have been okay.
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Miles Today: 0
YTD Miles: 0 :-(
I am very confused. I thought that Brett's bicycle collided with and was run over by the truck - indicating to me that the truck occupied the site of the collison before Brett and his bicycle did. I actually thought that Kimberly Wilson's article made it sound like Brett arrived at the site of the collision first and was then struck by the truck.
ReplyDelete- Adam Menendez, Portland, Oregon
Hello Adam,
ReplyDeleteThe truck turned in front of Brett as he was proceeding forward in a bike lane. The fact that the truck did not yield to the bike to the cyclist put him in violation of ORS 811.050 (failure to yield to a bike in a bike lane) Brett was unable to stop as the truck turned into his path and collided with the side of th e truck, and was crushed under the rear duals.
I was biking last September and collided into the side of an SUV that ran a stop sign coming in from a side street. That driver was cited for failure to observe a traffic control device. Her insurance paid my $26,000 in medical bills, repaired my bike to the tune of $1,400, paid my 10 days of lost wages........ and paid the lawyer who I had to hire after a year of having them say they weren't going to pay.
So yes, Brett and I both rode into the side of a vehicle that arrived first into a location. Both drivers violated laws to do that. Luckily I'm still here to make noise whenever I see things that need to change when it comes to auto and cyclist interaction.
Thanks for your comment!