.David.Auker.
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Jerry, and all:
I agree that it seems very unlikely that the rider "collided with" the van. The only way this could happen would be a VERY erratic move, swinging across the road, and catching the van completely by surprise. If the cyclist was able to have been seen from a distance (hopefully wearing some bright clothing), it should have been up to the van to pass carefully (this whole concept of "passing" the cyclist has to be understood by motorists...it's not a "wow, I had to veer over into the other lane to avoid you," because...that's just "passing," and that's the way it's done. With caution!).
This whole thing relies on the testimony of McKinnon's fellow rider. Interesting that the accident account in the paper, and at: http://tinyurl.com/ywswm only gives the motorists' view, and nothing is said of the other cyclist's thoughts. I suggest calling Sandy James, Washington County's "Information Officer" to ask any questions. 503-846-2700 should get you there. (She did say that the other cyclist corroborated the motorists' account, by the way). Let us know what you find out. I am supposed to get this info from her "when she finds out if any investigation is still pending," but I think any and lots of calls will let them know we are a CONCERNED COMMUNITY. We need to know if McKinnon "collided with the van," or was "hit."
If the other cyclist says McKinnon abruptly crossed the road, and in doing so must have surprised the driver of the van, then I think we have to accept that it was just an accident.
David
I'm going to be gone a few days (Hood River). Some of you guys do some investigating.
----- Original Message -----
From: Jerald Powell
To: David Auker
Cc: Editor ; Reid, Pam ; c-@rivercitybicycles.com ; Ray Thomas ; Robert Mionske ; Bicycle Transportation Alliance ; ob-@topica.com
Sent: Wednesday, June 02, 2004 9:24 PM
Subject: Equal protection?
David, it really doesn't appear that anyone has asked what in the world this young driver was doing, attempting to pass this rider under the circumstances he saw in front of him. It's my understanding that Oregon Law is pretty clear that it's the responsibility of a driver passing a slower vehicle to 1. pass only when he can do so safely, and 2. to maintain control of his vehicle. This guy did neither. A car in front of him... that he was presumably watching... had to take evasive action to avoid the cyclist. The cyclist could have been, for all he knew, avoiding an unsafe road surface... a perfectly legal and reasonable action. It sure seems that the cyclist had the right of way... at least until he crossed the center line, and then, in view of the uncontested fact that the van was going the same direction as the cyclist and was attempting to pass him... I don't know of any way to avoid concluding that the van driver was reckless and negligent. His negligence took the life of a cyclist, Mr. McKinnon.
This, of course, is just my opinion. However, as I pointed out in a previous post. The Washington County Sheriffs office has swept a terribly similar incident under the rug before. (see the inclosed 1998 post vis an accident near Forest Grove) Is this a pattern, or am I being needlessly cynical?
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So... look at this one
Date: Thu, 26 Mar 1998 13:27:45 -0800 (PST)
From: Jerald_Powell <psu0-@odin.cc.pdx.edu>
To: Linda Peters <ca-@co.washington.or.us>,
Wash_Co_ Sheriff <sher-@co.washington.or.us>,
Editor <lett-@news.oregonian.com>,
Bicycle Transportation Alliance <bta4-@teleport.com>
Subject: Bad Driving
To the Washington County SheriffUs office.
It was reported in a *Community News* story Captioned *Forest Grove:
Woman Bicyclist, 65, dies from injuries in accident*
The story appeared in the _Portland Oregonian_ on Wednesday, March 25th
1998, on page E3, the Metro Section.
According to the article a woman, apparently riding at the right side of
the road attempted a left turn and was run down by a car attempting to
pass her on the left. The article quotes a Washington County deputy who
didn't know if the rider *didn't look back or just didn't see* her
attacker. The article went on to say that no citations were issued.
Is illegal passing (at an intersection) not a traffic offense in
Washington County? Is running down another vehicle from the rear not,
prima facie, a failure to control ones vehicle? Is passing another
vehicle without safe clearance (forcing oncoming vehicles off the road)
not a traffic infraction? Come on folks... It sounds like Mr. Stambaugh
has likely earned himself a manslaughter indictment.
It also sounds like Deputy Rau is into blaming the victim, who apparently
was legally operating a vehicle on a public road.
Jerry Powell
1441 SW Harrison Street
Portland, OR 97201
Jerry Powell
USAC Elite Coach
1926 SW Madison Street
Portland, OR 97205
503 222 7173
503 799 7823
jpow-@spiritone.com
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<DIV><FONT face=Garamond size=4>Jerry, and all:</FONT></DIV>
<DIV><FONT face=Garamond size=4></FONT> </DIV>
<DIV><FONT face=Garamond size=4>I agree that it seems very unlikely that
the rider "collided with" the van. The only way this could happen would be
a VERY erratic move, swinging across the road, and catching the van completely
by surprise. If the cyclist was able to have been seen from a distance
(hopefully wearing some bright clothing), it should have been up to the van to
pass carefully (this whole concept of "passing" the cyclist has to be understood
by motorists...it's not a "wow, I had to veer over into the other lane to avoid
you," because...that's just "passing," and that's the way it's done. With
caution!). </FONT></DIV>
<DIV><FONT face=Garamond size=4></FONT> </DIV>
<DIV><FONT face=Garamond size=4>This whole thing relies on the testimony of
<FONT face="Times New Roman" size=3>McKinnon's fellow rider. Interesting
that the accident account in the paper, and at: <A
href="http://tinyurl.com/ywswm"><FONT face=Garamond
size=4>http://tinyurl.com/ywswm</FONT></A> only gives the motorists' view,
and nothing is said of the other cyclist's thoughts. I suggest calling
<FONT face=Garamond size=4>Sandy James, </FONT><FONT face="Times New Roman"
size=3>Washington County's "Information Officer" to ask any
questions. 503-846-2700 should get you there. (She did say
that the other cyclist corroborated the motorists' account, by the way).
Let us know what you find out. I am supposed to get this info from
her "when she finds out if any investigation is still
pending," but I think any and lots of calls will let them know we are
a CONCERNED COMMUNITY. We need to know if McKinnon "collided with
the van," or was "hit." </FONT></FONT></FONT></DIV>
<DIV><FONT face=Garamond size=4><FONT face="Times New Roman" size=3><FONT
face="Times New Roman" size=3></FONT></FONT></FONT> </DIV>
<DIV><FONT face=Garamond size=4>If the other cyclist says <FONT
face="Times New Roman" size=3>McKinnon abruptly crossed the road, and in doing
so must have surprised the driver of the van, then I think we have to accept
that it was just an accident. </FONT></FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Garamond size=4>David</FONT></DIV>
<DIV><FONT face=Garamond size=4>
<DIV><FONT face=Garamond size=4><FONT face="Times New Roman" size=3><FONT
face="Times New Roman" size=3>I'm going to be gone a few days (Hood
River). Some of you guys do some
investigating. </FONT></FONT></FONT></DIV>
<DIV> </DIV></FONT></DIV>
<DIV><FONT face=Garamond size=4></FONT> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>----- Original Message ----- </DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=j-@spiritone.com href="mailto:jpow-@spiritone.com">Jerald
Powell</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=-@Hevanet.com
href="mailto:Dav-@Hevanet.com">David Auker</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Cc:</B> <A title=l-@news.oregonian.com
href="mailto:lett-@news.oregonian.com">Editor</A> ; <A
title=p-@intel.com href="mailto:pam.-@intel.com">Reid, Pam</A> ; <A
titl-@rivercitybicycles.com
href="mailto:c-@rivercitybicycles.com">c-@rivercitybicycles.com</A> ; <A
title=r-@stc-law.com href="mailto:rtho-@stc-law.com">Ray Thomas</A> ;
<A title=mi-@hotmail.com href="mailto:mions-@hotmail.com">Robert
Mionske</A> ; <A title=b-@teleport.com
href="mailto:bta4-@teleport.com">Bicycle Transportation Alliance</A> ; <A
title-@topica.com href="mailto:ob-@topica.com">ob-@topica.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Wednesday, June 02, 2004 9:24
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Equal protection?</DIV>
<DIV><BR></DIV>David, it really doesn't appear that anyone has asked what in
the world this young driver was doing, attempting to pass this rider under the
circumstances he saw in front of him. It's my understanding that Oregon Law is
pretty clear that it's the responsibility of a driver passing a slower vehicle
to 1. pass only when he can do so safely, and 2. to maintain control of his
vehicle. This guy did neither. A car in front of him... that he was presumably
watching... had to take evasive action to avoid the cyclist. The cyclist could
have been, for all he knew, avoiding an unsafe road surface... a perfectly
legal and reasonable action. It sure seems that the cyclist had the right of
way... at least until he crossed the center line, and then, in view of the
uncontested fact that the van was going the same direction as the cyclist and
was attempting to pass him... I don't know of any way to avoid concluding that
the van driver was reckless and negligent. His negligence took the life of a
cyclist, Mr. McKinnon.<BR><BR>This, of course, is just my opinion. However, as
I pointed out in a previous post. The Washington County Sheriffs office has
swept a terribly similar incident under the rug before. (see the inclosed 1998
post vis an accident near Forest Grove) Is this a pattern, or am I being
needlessly cynical? <BR><BR>
<P>
<HR>
<P></P><BR>So... look at this one <BR><BR><BR>
<BLOCKQUOTE><I>Date: Thu, 26 Mar 1998 13:27:45 -0800 (PST)<BR>From:
Jerald_Powell <psu0-@odin.cc.pdx.edu><BR>To: Linda Peters
<ca-@co.washington.or.us>,<BR>Wash_Co_ Sheriff
<sher-@co.washington.or.us>,<BR>Editor
<lett-@news.oregonian.com>,<BR>Bicycle Transportation Alliance
<bta4-@teleport.com><BR>Subject: Bad Driving<BR>To the Washington
County SheriffUs office.<BR>It was reported in a *Community News* story
Captioned *Forest Grove: <BR>Woman Bicyclist, 65, dies from injuries in
accident*<BR>The story appeared in the _Portland Oregonian_ on Wednesday,
March 25th <BR>1998, on page E3, the Metro Section.<BR>According to the
article a woman, apparently riding at the right side of <BR>the road
attempted a left turn and was run down by a car attempting to <BR>pass her
on the left. The article quotes a Washington County deputy who <BR>didn't
know if the rider *didn't look back or just didn?t see* her <BR>attacker.
The article went on to say that no citations were issued.<BR>Is illegal
passing (at an intersection) not a traffic offense in <BR>Washington County?
Is running down another vehicle from the rear not, <BR>prima facie, a
failure to control ones vehicle? Is passing another <BR>vehicle without safe
clearance (forcing oncoming vehicles off the road) <BR>not a traffic
infraction? Come on folks... It sounds like Mr. Stambaugh <BR>has likely
earned himself a manslaughter indictment. <BR>It also sounds like Deputy Rau
is into blaming the victim, who apparently <BR>was legally operating a
vehicle on a public road.<BR>Jerry Powell<BR>1441 SW Harrison
Street<BR>Portland, OR 97201<BR></I></BLOCKQUOTE><BR><BR><BR>Jerry
Powell<BR><I><?x-tad-smaller>USAC Elite Coach<BR><?/x-tad-smaller></I>1926 SW
Madison Street<BR>Portland, OR 97205<BR><BR>503 222 7173<BR>503 799
7823<BR><BR>jpow-@spiritone.com</BLOCKQUOTE></BODY></HTML>
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