Letter of the Week
This week’s featured letter comes from Daniel Brewster, who happens to deliver the Source’s downtown route by bike and knows a thing or two about the interactions between drivers and bikers. For more on the tragic death of Keith Moon, see this week’s Boot, Page 8.
It is sad to see the Bend Police Department taking such a passive stance on the tragic bicycle accident that occurred Wednesday, August 13. If someone breaks a traffic law (cyclists included), they need to be cited. If there are no consequences for carelessness, then we as cyclists are in a lot of trouble.
Here are some facts that might be useful in this particular case.
ORS 811.050 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.
A summary of this would be that it is a class B traffic violation for a motorist who does not yield to a cyclist in a bike lane.
ORS 814.485 A person commits the offense of endangering a bicycle operator or passenger if the person is operating a bicycle on a highway or on premises open to the public and the person carries another person on the bicycle who is UNDER 16 YEARS OF AGE and is not wearing protective head gear.
Keith Moon was 50 years old. He broke no law by choosing not to wear a helmet. Would wearing a helmet have saved his life? We don’t know, but the fact that he was not wearing a helmet has absolutely no relevance in WHY this accident occurred.
I have heard on two separate occasions Bend Police officers stating that the majority of Bike vs. Car accidents are the fault of the cyclist. Even though this statement is an opinion (ODOT statistics show about half with 56% as motorists’ fault) I can’t help but wonder if Bend’s finest go into every accident with the preconceived notion that the cyclist was at fault. When it turns out that it is the fault of the motorist, it’s shrugged off as an accident.
This man lost his life. His family lost a husband and a father. We need to realize that when we get behind the wheel, we are operating a deadly weapon. We need to pay attention as if someone’s life depended on it. Some choose not to travel by motor vehicle. Give them space. Treat them like they were your husband or father.
Daniel Brewster, Bend
This article appears in Aug 21-27, 2008.
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Share the road share the road thats all I hear. What I see are cyclist in the middle of the road out of the bike lane, forcing drivers to move over toward on coming trafic. Share the road indeed.
It has been my experience with 50+ years of driving over 1.6 million miles that the blame is approximately equal. I’ve seen bicyclers do some really crazy shit that totally depended upon an auto driver quickly doing extreme maneuvering to avoid them. I’ve seen auto drivers skim by a bike with mere inches to spare, with a kind of deadly disdain. Bike riders would do well to remember that it hurts to get run over. Auto drivers would do well to remember that it hurts to run over someone.
In time, you will realize that it was the people that mattered. So, let’s all lighten up…no matter what you drive…
Yes its tragic…I agree, but really its very simple.
R.I.P….he had the right of way.
What that means, is that although you have the right of way… the laws of physics dictate that you better be more careful than the law says you should. I am…
whos gonna win…4000 lbs. or 200 lbs.???
I totally agree with what your article says. So many times I have seen vehicles cut off bicycle riders on the road because they are in a hurry and don’t want to wait for them. They either speed up and to turn or not complete a stop to pull out in front of them. If it was them in that situation they would be extremely angry. People just need to slow down and use more common sense.
Constant, unrelenting education at every level is the only way to deal with the ever-growing interaction between cyclists and drivers. Bicycles are not going away and neither are cars, SUVs or trucks. This includes educating (re-educating?) those in law enforcement and the road-using public requiring an even-handed and consistant application of existing laws on both cyclists and vehicle drivers.
Are we to presume from the failure to publish a promised Boot on this topic that it will wait until after the DA’s office finishes its review of the information sent by the cops? Police comments published so far — along with the few clear facts of the death and the between-the-lines suggestions — indicate a number of rather dreary possibilities about that investigation. What gives here and why isn’t it happening any faster?
but the idea that cyclists are scofflaws is a myth and surely doesn’t justify the aggressive behavior towards them. How many cars and trucks have you seen roll a stop sign? cut you off? speed just a little over the speed limit? run a red light? A heckuva lot of us motorists do, yet we don’t treat our fellow motorists as a group with the same ire we direct at cyclists. it’s easy to lump cyclists together as a group when it’s convenient, but it’s not accurate. It’s safe to say there are people who don’t do the right thing whether they are cyclists or drivers…doesn’t matter, everyone needs to pay attention to what they’re doing, no matter what they happen to be piloting. Talking on the cellphone, reaching for a french fry or fumbling for a CD or just plain driving too fast…it has real consequences. It’s too bad the Bend police are still fixated on a very narrow perspective from their accident statistics. Their statistics don’t include the near misses, acts of blatant aggression, and actual collisions that are not reported. The two fatal crashes this year have both been due to failure to yield on the part of the driver in some way shape or form, and continuing to focus on blaming cyclists without addressing the big picture is not productive in the least.
Old-Tymer, The letter of the week intro was written before the Boot this week. We did have a change of course for the exact reason you said — and the fact that the police revised their account of the accident, acknowledging that the driver crossed into the bike lane, essentially causing the collision. The only reason that tagline appaers at the top of the story was some lax copy editing at the 11th hour. Like you, we’re hoping to hear some answers soon from Dugan.
A new law in Oregon in 2008 is called the Vulnerable Roadway User law, and the driver may be charged with that misdemeanor offense. It is important that at least some criminal penalties are imposed for these types of incidents so that there is more price to pay than just walking away. Keith was one of the finest people in my life and we will miss him. Anthony Kahn, Arcata, CA
“It is sad to see the Bend Police Department taking such a passive stance on the tragic bicycle accident that occurred Wednesday, August 13” and “When it turns out that it is the fault of the motorist, itâ ™s shrugged off as an accident”
Or, maybe, just maybe, the report went to the DA’s office for review of appropriate charges because.. shocker here… the police department and the DA’s office recognize the seriousness and gravity of this tragedy and issuing a ticket might, just might, jeapordize the rest of the prosecution.
The above is the very likely explanation. Before you accuse, check the facts and do some research, Daniel.
Letter of the week? The Source endorses this without doing the homework? You all are better than that.
Bicycles and cars and trucks need to share the road – are we all ready for strict enforcement of the vehicle laws? Do we ticket everything? Do bicyclists get to run stop signs and weave in and out of traffic? Do cars get to speed on the parkway, fail to signal, turn into the wrong lane? Where’s the line?
Thanks for the opportunity to be heard.
Just a thought….Your explanation is probably fairly accurate… I guess the real problem is letting the public know what is going on…From the coverage of this event, you would assume that if you accidentally hit a cyclist you wont be cited..This perpetuates careless driving…This may not be what actually happens in this case(I’m sure the DA’s office will do their job), but thats going to be the publics perception because that is all they have been told…What irritates me is how quickly the blame gets placed on cyclists by the Bend PD no matter the situation. As far as where to draw the line…If someone is going to lose their life over it, there’s the line…Drive and ride safe out there
Just a thought says: “Bicycles and cars and trucks need to share the road – are we all ready for strict enforcement of the vehicle laws? Do we ticket everything?”
Yes, yes, yes. Changing habits is difficult, and enforcement will be painful for all involved … though not nearly so painful as injury and death wrought by the careless, ignorant and stupid. (It’s true that not all accidents are caused by those three elements of mortal human beings, but all three of those conditions can be changed.) A useful adjunct to enforcement might be mandatory driver’s license exams every 5 or so years for all who drive on roads with the deadliest weapon in America.
I usually drive my car because cycling is dangerous. All that separates me from death is a 6in white line on the pavement. As a driver, it would help me if riders would wear something other than dark, black or gray clothes. I’m super paranoid of hitting a cyclist or pedestrian–that’s my worst nightmare. There’s nothing wrong with my vision, but I could see riders sooner if they were wearing bright colors or the “conspicuity” vest motorcyclists sometimes wear. Wear black and you blend into the road, no matter how careful drivers are.
There will never be a time when the drivers aren’t blaming the cyclists and the cyclists aren’t blaming the drivers. The simple solution is that we all need to act as though the person on the bicycle could be your mother, brother, sister, spouse, child etc.
I try to stay as far away from cyclists as I can when I am driving. I like to give them space and make sure they are safe. Unfortunately, I have not been shown the same respect by a certain cyclist in hot pink shorts. I was traveling down empire at 45 mph, the posted speed limit, when a cyclist ran through a red light and I almost struck the man. I honked my horn and his response was to laugh at me. Had I hit him I would have taken his life, without a doubt, and his response was to laugh. Not to mention, I almost had a heart attack.
Cyclists and drivers need to do a better job of looking out for one another. Amen.
Drivers need to be aware all the time of pedestrians
and cyclist alike. No matter how carefull I am, I cannot see around cars or anticipate a cyclist running a stop sign on a road where cars are parked right up to the stop sign. I have biked in this area, and have nearly been hit by drivers turning, and not looking for me going straigt. EVERYONE needs
to participate in being courteous and aware. As for the woman of SUV, I don’t thing she just walked away
unscathed because she did’nt receive a traffic citation. She was’nt paying attention and a man died.
She is most likly going to live with that everyday of her life. She is not a cold blooded killer, she took her attention off the road for a moment…we have all done that and were lucky. I have never met this woman, but I can’t beleive a ticket would right any wrong or make any of you more concious…motorist or biker…. Prayers for everyone involved.
lily said: “…but I can’t beleive a ticket would right any wrong or make any of you more concious…”
Actually citations will indeed make people more conscious. Consider when was the last time you actually heard of someone “accidentally” colliding with a police officer. Why do you think that is? Because people are LOOKING OUT FOR THEM!
For most people the motivation not to receive a citation provides excellent incentive to be more aware and cautious.
oh…I thought it was the blue and red lights
Bikers on the road would be much safer if they would simply RIDE SINGLE FILE and obey ALL traffic laws.
Bear Creek road is not an official race course route and it is certainly not the Tour de Bend1! If you wanna bullshit with each other, do it before or after…. Not in the middle of the damned road while riding 3 wide. That is total bullshit and you yellow shirt wearin SOB’s should be ticketed for impeding traffic.
Now, enjoy your weekend!