Lessons learned from witnessing a hit-and-run

Mike Murray

2006-06-13

Just to be clear, an auto vs. bicycle accident is NOT an automatic trauma
system entry, nor should it be. At one point in or EMS system it was and,
like other mechanism of injury issues, it lead to a significant amount of
over triage, something that continues to be a problem in our system. The
trauma system entry criteria are:

A. Physiological criteria:
1. A systolic blood pressure of less than 90 mm/Hg.
2. Respiratory distress as evidenced by a respiratory rate of less
than 10 or greater than 29.
3. Altered mental status as evidenced by a Glasgow Coma Scale score
of 13 or less.

B. Anatomical Criteria:
1. The patient has a flail chest.
2. The patient has two or more obvious proximal long bone fractures
(humerus, femur).
3. The patient has a penetrating injury of the head, neck, torso,
or groin associated with transfer of energy.
4. The patient has an amputation proximal to the wrist or ankle.
5. The patient has numbness or paralysis in one or more limbs which
is associated with a suspected spinal cord injury.

C. Mechanism of injury:
1. Extrication from a motor vehicle which takes greater than 20
minutes and uses heavy extrication tools.
2. Death of an occupant in the same vehicle as the patient.
3. Ejection of the patient from an enclosed vehicle.

D. EMT Discretion:
1. If in the EMT's judgment, the patient has been involved in a
trauma incident that, because of a high energy exchange, causes the EMT to
be highly suspicious that the patient is severely injured, the patient
should be entered into the Trauma System. These may include:
a. Falls greater than 20 feet.
b. Pedestrian struck at greater than 20 mph or thrown more
than 15 feet.
c. Rollover motor vehicle accident.
d. Motorcycle, ATV, or bicycle accident.
e. Significant intrusion into occupant space of vehicle.

2. The EMT's index of suspicion for trauma injury should be raised
by the following factors:
a. Age less than 12 or greater than 60.
b. Presence of intoxicants.
c. Patient has been exposed to extremes of environment (hot
or cold).
d. Patient's previous medical history.
e. Pregnancy.

Most bike accidents, even those involving cars, will not meet these criteria
except for the discretionary ones.

I have been recently informed that Portland Police are using trauma system
entry as a criteria for deciding whether a traffic accident is investigated.
This is an inappropriate use of this tool since it is designed and studied
to identify patients that would benefit from immediate access to surgical
facilities and not as any sort of measure of the significance of the injury
in terms of cost, liability or any other of that factors that should
properly fit into a consideration of whether a traffic accident should be
investigated or not.

Mike Murray

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Doug Hormann
Sent: Monday, June 12, 2006 21:39 PM
To: Susan Otcenas
Cc: obra@list.obra.org
Subject: Re: [OBRA Chat] Lessons learned from witnessing a hit-and-run

Susan,

You are my new hero! As a cop, we live for the day that a witness has
information like you had. Well done! As far as the cyclists injuries, this
type of an accident is an automatic trauma system entry and will likely
result in going to Emmanuel or OHSU unless the victim has clearly only minor
injuries. It doesn't necessarily mean the injuries are life threatening,
only that there is a high probability that they might be. In addition to the
Felony HR, he could also be charged with vehicular assault, which depending
on the injuries would also likely be a Felony. Again, you did exactly the
right thing! Is everyone out in OBRA land taking notes???

Doug

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
Behalf Of Susan Otcenas
Sent: Monday, June 12, 2006 9:16 AM
To: 'shift list'; obra@list.obra.org
Subject: [OBRA Chat] Lessons learned from witnessing a hit-and-run

Apologies for the cross-post.

Last night I witnessed a hit-and-run. Motorist mowed down a cyclist riding
in a bike lane. Without going into great detail about the incident, I
learned a few lessons I wanted to share.

1) I knew license plate number, make, model and color of vehicle, etc. But
the officers responding on the scene asked several times "Can you describe
the driver?" Other than the briefest of descriptions (like "male, olive
complexion"), I couldn't. So if you can get a good look at the driver, be
sure to do so.

2) If you see someone driving erratically, call 911. In this case, I had
explicit information on the vehicle, because I was *already* in the process
of calling the police when he hit the cyclist. I'd been observing the
vehicle for about a mile (I was driving, and he was in the adjacent lane),
and I could tell the driver was impaired. As we approached the cyclist, it
was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
I could see it coming but was powerless to stop it. So, if you ever see
someone driving suspiciously, don't hesitate - you should call it in. You
could be saving someone else's life.

3) Carry a cell phone. The cyclist was coherent enough to dial his wife.
I spoke with her and reassured her that he was conscious, that the ambulance
had arrived, and kept her updated on where the ambulance was taking him. I
was wishing for a camera-phone, so I could take a photo of his position,
where the bike landed, etc. You just never know when that info might be
useful to prosecutors.

4) There are some things we can not "protect" ourselves from. So often in
these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
safer on the roads?". And sometimes, the answer is Nothing. This cyclist
was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
and was wearing a helmet. He had the misfortune of being on the road at the
same time as a driver with very little respect for human life. While I
consider myself to be a relatively skilled and observant cyclist, I never
assume that I'm safe out there. I pay up for a comprehensive health
insurance plan.

Now, the "good" news. The driver was apprehended! He hit a vehicle a few
miles away. Apaprently attempted to abandon his vehicle, but was caught
first. Guy was drunk. He reportedly had multiple previous DUIs. The
police office on the scene told me the charge for hitting the cyclist would
be felony hit-and-run, and with so many witnesses (there were others besides
me), a second collision, and apprehension while still under the influence, I
have to believe the guy will get convicted, and hopefully some jail time.

The bad news, of course, is that the cyclist was pretty banged up. Multiple
lacerations, huge hematoma on his leg, dislocated shoulder (or broken collar
bone, uncertain at scene) and head trauma sufficient to have him sent to
Legacy instead of St Vincents.

Susan

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Michael O'Hair

2006-06-12

The phrase "vehicular assault" seems to imply intent. Is this the case?
Could someone post the appropriate ORS chunk?

----- Original Message -----
From: "Doug Hormann"

> In addition to the Felony HR, he could also be charged with vehicular
assault, which depending
> on the injuries would also likely be a Felony.


George de Randich

2006-06-12

As a former Private Investigator in Florida, I can assert that in Florida
the law was similar to the law quoted below!
George de Randich

-------Original Message-------

From: Mike Lilly
Date: 06/12/06 17:48:53
To: obra@list.obra.org
Subject: Re: [OBRA Chat] Lessons learned from witnessing a hit-and-run

There is no 3 hour grace period in Oregon. I don't know about other states.
Here is the Oregon statute that defines the crime commonly known as hit and
Run. Note the use of the phrase "immediately stop." There is another section

That deals with driver duties in non-injury accidents.


811.705. Failure to perform duties of driver to injured persons; penalty.

(1) A person commits the offense of failure to perform the duties of a
Driver to injured persons if the person is the driver of any vehicle
Involved in an accident that results in injury or death to any person and
Does not do all of the following:

(a) Immediately stop the vehicle at the scene of the accident or as close
Thereto as possible. Every stop required under this paragraph shall be made
Without obstructing traffic more than is necessary.

(b) Remain at the scene of the accident until the driver has fulfilled all
Of the requirements under this subsection.

(c) Give to the other driver or surviving passenger or any person not a
Passenger who is injured as a result of the accident the name and address of

The driver and the registration number of the vehicle that the driver is
Driving and the name and address of any other occupants of the vehicle.

(d) Upon request and if available, exhibit and give to the persons injured
Or to the occupant of or person attending any vehicle damaged the number of
Any document issued as official evidence of a grant of driving privileges.

(e) Render to any person injured in the accident reasonable assistance,
Including the conveying or the making of arrangements for the conveying of
Such person to a physician, surgeon or hospital for medical or surgical
Treatment, if it is apparent that such treatment is necessary or if such
Conveying is requested by any injured person.

(f) Remain at the scene of an accident until a police officer has arrived
And has received the required information, if all persons required to be
Given information under paragraph (c) of this subsection are killed in the
Accident or are unconscious or otherwise incapable of receiving the
Information. The requirement of this paragraph to remain at the scene of an
Accident until a police officer arrives does not apply to a driver who needs

Immediate medical care, who needs to leave the scene in order to secure
Medical care for another person injured in the accident or who needs to
Leave the scene in order to report the accident to the authorities, so long
As the driver who leaves takes reasonable steps to return to the scene or to

Contact the nearest police agency.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, the

Offense described in this section, failure to perform the duties of a driver

To injured persons, is a Class C felony and is applicable on any premises
Open to the public.

(b) Failure to perform the duties of a driver to injured persons is a Class
B felony if a person suffers serious physical injury as defined in ORS
161.015 or dies as a result of the accident.


--
Mike


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Doug Hormann

2006-06-12

Susan,

You are my new hero! As a cop, we live for the day that a witness has
information like you had. Well done! As far as the cyclists injuries, this
type of an accident is an automatic trauma system entry and will likely
result in going to Emmanuel or OHSU unless the victim has clearly only minor
injuries. It doesn't necessarily mean the injuries are life threatening,
only that there is a high probability that they might be. In addition to the
Felony HR, he could also be charged with vehicular assault, which depending
on the injuries would also likely be a Felony. Again, you did exactly the
right thing! Is everyone out in OBRA land taking notes???

Doug

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
Behalf Of Susan Otcenas
Sent: Monday, June 12, 2006 9:16 AM
To: 'shift list'; obra@list.obra.org
Subject: [OBRA Chat] Lessons learned from witnessing a hit-and-run

Apologies for the cross-post.

Last night I witnessed a hit-and-run. Motorist mowed down a cyclist riding
in a bike lane. Without going into great detail about the incident, I
learned a few lessons I wanted to share.

1) I knew license plate number, make, model and color of vehicle, etc. But
the officers responding on the scene asked several times "Can you describe
the driver?" Other than the briefest of descriptions (like "male, olive
complexion"), I couldn't. So if you can get a good look at the driver, be
sure to do so.

2) If you see someone driving erratically, call 911. In this case, I had
explicit information on the vehicle, because I was *already* in the process
of calling the police when he hit the cyclist. I'd been observing the
vehicle for about a mile (I was driving, and he was in the adjacent lane),
and I could tell the driver was impaired. As we approached the cyclist, it
was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
I could see it coming but was powerless to stop it. So, if you ever see
someone driving suspiciously, don't hesitate - you should call it in. You
could be saving someone else's life.

3) Carry a cell phone. The cyclist was coherent enough to dial his wife.
I spoke with her and reassured her that he was conscious, that the ambulance
had arrived, and kept her updated on where the ambulance was taking him. I
was wishing for a camera-phone, so I could take a photo of his position,
where the bike landed, etc. You just never know when that info might be
useful to prosecutors.

4) There are some things we can not "protect" ourselves from. So often in
these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
safer on the roads?". And sometimes, the answer is Nothing. This cyclist
was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
and was wearing a helmet. He had the misfortune of being on the road at the
same time as a driver with very little respect for human life. While I
consider myself to be a relatively skilled and observant cyclist, I never
assume that I'm safe out there. I pay up for a comprehensive health
insurance plan.

Now, the "good" news. The driver was apprehended! He hit a vehicle a few
miles away. Apaprently attempted to abandon his vehicle, but was caught
first. Guy was drunk. He reportedly had multiple previous DUIs. The
police office on the scene told me the charge for hitting the cyclist would
be felony hit-and-run, and with so many witnesses (there were others besides
me), a second collision, and apprehension while still under the influence, I
have to believe the guy will get convicted, and hopefully some jail time.

The bad news, of course, is that the cyclist was pretty banged up. Multiple
lacerations, huge hematoma on his leg, dislocated shoulder (or broken collar
bone, uncertain at scene) and head trauma sufficient to have him sent to
Legacy instead of St Vincents.

Susan

_______________________________________________
OBRA mailing list
obra@list.obra.org
http://list.obra.org/mailman/listinfo/obra
Unsubscribe: obra-unsubscribe@list.obra.org


Doug Hormann

2006-06-12

There is no such thing as a three hour time limit. The law is quite clear.
If you leave its hit and run. The only defense would be that you were going
for help, like to use a phone to call for help, but you would have the
burden of proof. The cop was lazy. Portland cops are notorious for not
liking to take traffic offenses. Maybe because their DA's office doesn't
like to prosecute them. My wife was hit by a drunk driver once in her
state-police unmarked car. The Portland officer didn't even do field
sobriety tests, even though my wife would have testified as an expert as to
the other driver's lack of sobriety.

Doug

-----Original Message-----
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org]On
Behalf Of Dan H
Sent: Monday, June 12, 2006 11:48 AM
To: Susan Otcenas; 'shift list'; obra@list.obra.org
Subject: Re: [OBRA Chat] Lessons learned from witnessing a hit-and-run

Question to lawyer types:
Some time back a friend called me to pick him up as his bike was broken and
he was slightly injured in a "hit and run" that was witnessed by standers by
who recorded the license. The driver was found at home but the officer said
that because he was within the 3 hour time limit to return to the scene,
that no charges could be filed. Is there really a three hour "hit and run"
grace period or was the officer just being lazy?
Does this mean if I run down a cyclist, go do some errands, wash the car and
take a shower before returning to the scene 2 hours and 58 minutes later
that it's an accident and not a hit and run? Remember the driver in the
story never did return to the scene, he was found by the police.
What is the legal definition of a hit and run?

----- Original Message -----
From: "Susan Otcenas"
To: "'shift list'" ;
Sent: Monday, June 12, 2006 9:15 AM
Subject: [OBRA Chat] Lessons learned from witnessing a hit-and-run

> Apologies for the cross-post.
>
> Last night I witnessed a hit-and-run. Motorist mowed down a cyclist
> riding
> in a bike lane. Without going into great detail about the incident, I
> learned a few lessons I wanted to share.
>
> 1) I knew license plate number, make, model and color of vehicle, etc.
> But
> the officers responding on the scene asked several times "Can you describe
> the driver?" Other than the briefest of descriptions (like "male, olive
> complexion"), I couldn't. So if you can get a good look at the driver, be
> sure to do so.
>
> 2) If you see someone driving erratically, call 911. In this case, I had
> explicit information on the vehicle, because I was *already* in the
> process
> of calling the police when he hit the cyclist. I'd been observing the
> vehicle for about a mile (I was driving, and he was in the adjacent lane),
> and I could tell the driver was impaired. As we approached the cyclist,
> it
> was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
> I could see it coming but was powerless to stop it. So, if you ever see
> someone driving suspiciously, don't hesitate - you should call it in. You
> could be saving someone else's life.
>
> 3) Carry a cell phone. The cyclist was coherent enough to dial his
> wife.
> I spoke with her and reassured her that he was conscious, that the
> ambulance
> had arrived, and kept her updated on where the ambulance was taking him.
> I
> was wishing for a camera-phone, so I could take a photo of his position,
> where the bike landed, etc. You just never know when that info might be
> useful to prosecutors.
>
> 4) There are some things we can not "protect" ourselves from. So often in
> these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
> safer on the roads?". And sometimes, the answer is Nothing. This
> cyclist
> was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
> and was wearing a helmet. He had the misfortune of being on the road at
> the
> same time as a driver with very little respect for human life. While I
> consider myself to be a relatively skilled and observant cyclist, I never
> assume that I'm safe out there. I pay up for a comprehensive health
> insurance plan.
>
> Now, the "good" news. The driver was apprehended! He hit a vehicle a few
> miles away. Apaprently attempted to abandon his vehicle, but was caught
> first. Guy was drunk. He reportedly had multiple previous DUIs. The
> police office on the scene told me the charge for hitting the cyclist
> would
> be felony hit-and-run, and with so many witnesses (there were others
> besides
> me), a second collision, and apprehension while still under the influence,
> I
> have to believe the guy will get convicted, and hopefully some jail time.
>
> The bad news, of course, is that the cyclist was pretty banged up.
> Multiple
> lacerations, huge hematoma on his leg, dislocated shoulder (or broken
> collar
> bone, uncertain at scene) and head trauma sufficient to have him sent to
> Legacy instead of St Vincents.
>
> Susan
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>

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obra@list.obra.org
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Unsubscribe: obra-unsubscribe@list.obra.org


Mike Lilly

2006-06-12

There is no 3 hour grace period in Oregon. I don't know about other states.
Here is the Oregon statute that defines the crime commonly known as hit and
run. Note the use of the phrase "immediately stop." There is another section
that deals with driver duties in non-injury accidents.

811.705. Failure to perform duties of driver to injured persons; penalty.

   (1) A person commits the offense of failure to perform the duties of a
driver to injured persons if the person is the driver of any vehicle
involved in an accident that results in injury or death to any person and
does not do all of the following:

(a) Immediately stop the vehicle at the scene of the accident or as close
thereto as possible. Every stop required under this paragraph shall be made
without obstructing traffic more than is necessary.

(b) Remain at the scene of the accident until the driver has fulfilled all
of the requirements under this subsection.

(c) Give to the other driver or surviving passenger or any person not a
passenger who is injured as a result of the accident the name and address of
the driver and the registration number of the vehicle that the driver is
driving and the name and address of any other occupants of the vehicle.

(d) Upon request and if available, exhibit and give to the persons injured
or to the occupant of or person attending any vehicle damaged the number of
any document issued as official evidence of a grant of driving privileges.

(e) Render to any person injured in the accident reasonable assistance,
including the conveying or the making of arrangements for the conveying of
such person to a physician, surgeon or hospital for medical or surgical
treatment, if it is apparent that such treatment is necessary or if such
conveying is requested by any injured person.

(f) Remain at the scene of an accident until a police officer has arrived
and has received the required information, if all persons required to be
given information under paragraph (c) of this subsection are killed in the
accident or are unconscious or otherwise incapable of receiving the
information. The requirement of this paragraph to remain at the scene of an
accident until a police officer arrives does not apply to a driver who needs
immediate medical care, who needs to leave the scene in order to secure
medical care for another person injured in the accident or who needs to
leave the scene in order to report the accident to the authorities, so long
as the driver who leaves takes reasonable steps to return to the scene or to
contact the nearest police agency.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, the
offense described in this section, failure to perform the duties of a driver
to injured persons, is a Class C felony and is applicable on any premises
open to the public.

(b) Failure to perform the duties of a driver to injured persons is a Class
B felony if a person suffers serious physical injury as defined in ORS
161.015 or dies as a result of the accident.

--
Mike


Ron and Dorothy Strasser

2006-06-12

No apologies needed. This type of information makes us do a personal
check-in on several levels. Thank you.
ron
----- Original Message -----
From: "Susan Otcenas"
To: "'shift list'" ;
Sent: Monday, June 12, 2006 9:15 AM
Subject: [OBRA Chat] Lessons learned from witnessing a hit-and-run

> Apologies for the cross-post.
>
> Last night I witnessed a hit-and-run. Motorist mowed down a cyclist
> riding
> in a bike lane. Without going into great detail about the incident, I
> learned a few lessons I wanted to share.
>
> 1) I knew license plate number, make, model and color of vehicle, etc.
> But
> the officers responding on the scene asked several times "Can you describe
> the driver?" Other than the briefest of descriptions (like "male, olive
> complexion"), I couldn't. So if you can get a good look at the driver, be
> sure to do so.
>
> 2) If you see someone driving erratically, call 911. In this case, I had
> explicit information on the vehicle, because I was *already* in the
> process
> of calling the police when he hit the cyclist. I'd been observing the
> vehicle for about a mile (I was driving, and he was in the adjacent lane),
> and I could tell the driver was impaired. As we approached the cyclist,
> it
> was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
> I could see it coming but was powerless to stop it. So, if you ever see
> someone driving suspiciously, don't hesitate - you should call it in. You
> could be saving someone else's life.
>
> 3) Carry a cell phone. The cyclist was coherent enough to dial his
> wife.
> I spoke with her and reassured her that he was conscious, that the
> ambulance
> had arrived, and kept her updated on where the ambulance was taking him.
> I
> was wishing for a camera-phone, so I could take a photo of his position,
> where the bike landed, etc. You just never know when that info might be
> useful to prosecutors.
>
> 4) There are some things we can not "protect" ourselves from. So often in
> these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
> safer on the roads?". And sometimes, the answer is Nothing. This
> cyclist
> was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
> and was wearing a helmet. He had the misfortune of being on the road at
> the
> same time as a driver with very little respect for human life. While I
> consider myself to be a relatively skilled and observant cyclist, I never
> assume that I'm safe out there. I pay up for a comprehensive health
> insurance plan.
>
> Now, the "good" news. The driver was apprehended! He hit a vehicle a few
> miles away. Apaprently attempted to abandon his vehicle, but was caught
> first. Guy was drunk. He reportedly had multiple previous DUIs. The
> police office on the scene told me the charge for hitting the cyclist
> would
> be felony hit-and-run, and with so many witnesses (there were others
> besides
> me), a second collision, and apprehension while still under the influence,
> I
> have to believe the guy will get convicted, and hopefully some jail time.
>
> The bad news, of course, is that the cyclist was pretty banged up.
> Multiple
> lacerations, huge hematoma on his leg, dislocated shoulder (or broken
> collar
> bone, uncertain at scene) and head trauma sufficient to have him sent to
> Legacy instead of St Vincents.
>
> Susan
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>


Mark J. Ginsberg

2006-06-12

Doesn't sound right to me.

Oregon law requires people in collisions to stop and give information at the scene. I am not aware of any time based "go get a shower/sober up and come back later" law at all.

Mark Ginsberg, Esq.

Dan H wrote: Question to lawyer types:
Some time back a friend called me to pick him up as his bike was broken and
he was slightly injured in a "hit and run" that was witnessed by standers by
who recorded the license. The driver was found at home but the officer said
that because he was within the 3 hour time limit to return to the scene,
that no charges could be filed. Is there really a three hour "hit and run"
grace period or was the officer just being lazy?
Does this mean if I run down a cyclist, go do some errands, wash the car and
take a shower before returning to the scene 2 hours and 58 minutes later
that it's an accident and not a hit and run? Remember the driver in the
story never did return to the scene, he was found by the police.
What is the legal definition of a hit and run?

----- Original Message -----
From: "Susan Otcenas"
To: "'shift list'" ;
Sent: Monday, June 12, 2006 9:15 AM
Subject: [OBRA Chat] Lessons learned from witnessing a hit-and-run

> Apologies for the cross-post.
>
> Last night I witnessed a hit-and-run. Motorist mowed down a cyclist
> riding
> in a bike lane. Without going into great detail about the incident, I
> learned a few lessons I wanted to share.
>
> 1) I knew license plate number, make, model and color of vehicle, etc.
> But
> the officers responding on the scene asked several times "Can you describe
> the driver?" Other than the briefest of descriptions (like "male, olive
> complexion"), I couldn't. So if you can get a good look at the driver, be
> sure to do so.
>
> 2) If you see someone driving erratically, call 911. In this case, I had
> explicit information on the vehicle, because I was *already* in the
> process
> of calling the police when he hit the cyclist. I'd been observing the
> vehicle for about a mile (I was driving, and he was in the adjacent lane),
> and I could tell the driver was impaired. As we approached the cyclist,
> it
> was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
> I could see it coming but was powerless to stop it. So, if you ever see
> someone driving suspiciously, don't hesitate - you should call it in. You
> could be saving someone else's life.
>
> 3) Carry a cell phone. The cyclist was coherent enough to dial his
> wife.
> I spoke with her and reassured her that he was conscious, that the
> ambulance
> had arrived, and kept her updated on where the ambulance was taking him.
> I
> was wishing for a camera-phone, so I could take a photo of his position,
> where the bike landed, etc. You just never know when that info might be
> useful to prosecutors.
>
> 4) There are some things we can not "protect" ourselves from. So often in
> these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
> safer on the roads?". And sometimes, the answer is Nothing. This
> cyclist
> was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
> and was wearing a helmet. He had the misfortune of being on the road at
> the
> same time as a driver with very little respect for human life. While I
> consider myself to be a relatively skilled and observant cyclist, I never
> assume that I'm safe out there. I pay up for a comprehensive health
> insurance plan.
>
> Now, the "good" news. The driver was apprehended! He hit a vehicle a few
> miles away. Apaprently attempted to abandon his vehicle, but was caught
> first. Guy was drunk. He reportedly had multiple previous DUIs. The
> police office on the scene told me the charge for hitting the cyclist
> would
> be felony hit-and-run, and with so many witnesses (there were others
> besides
> me), a second collision, and apprehension while still under the influence,
> I
> have to believe the guy will get convicted, and hopefully some jail time.
>
> The bad news, of course, is that the cyclist was pretty banged up.
> Multiple
> lacerations, huge hematoma on his leg, dislocated shoulder (or broken
> collar
> bone, uncertain at scene) and head trauma sufficient to have him sent to
> Legacy instead of St Vincents.
>
> Susan
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>

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Mark J. Ginsberg
Attorney At Law
621 SW Morrison St., Ste. 900
Portland, OR 97204
(503) 542-3000
Fax (503) 227-2530
markjginsberg@yahoo.com
www.bikesafetylaw.com
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Dan H

2006-06-12

Question to lawyer types:
Some time back a friend called me to pick him up as his bike was broken and
he was slightly injured in a "hit and run" that was witnessed by standers by
who recorded the license. The driver was found at home but the officer said
that because he was within the 3 hour time limit to return to the scene,
that no charges could be filed. Is there really a three hour "hit and run"
grace period or was the officer just being lazy?
Does this mean if I run down a cyclist, go do some errands, wash the car and
take a shower before returning to the scene 2 hours and 58 minutes later
that it's an accident and not a hit and run? Remember the driver in the
story never did return to the scene, he was found by the police.
What is the legal definition of a hit and run?

----- Original Message -----
From: "Susan Otcenas"
To: "'shift list'" ;
Sent: Monday, June 12, 2006 9:15 AM
Subject: [OBRA Chat] Lessons learned from witnessing a hit-and-run

> Apologies for the cross-post.
>
> Last night I witnessed a hit-and-run. Motorist mowed down a cyclist
> riding
> in a bike lane. Without going into great detail about the incident, I
> learned a few lessons I wanted to share.
>
> 1) I knew license plate number, make, model and color of vehicle, etc.
> But
> the officers responding on the scene asked several times "Can you describe
> the driver?" Other than the briefest of descriptions (like "male, olive
> complexion"), I couldn't. So if you can get a good look at the driver, be
> sure to do so.
>
> 2) If you see someone driving erratically, call 911. In this case, I had
> explicit information on the vehicle, because I was *already* in the
> process
> of calling the police when he hit the cyclist. I'd been observing the
> vehicle for about a mile (I was driving, and he was in the adjacent lane),
> and I could tell the driver was impaired. As we approached the cyclist,
> it
> was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
> I could see it coming but was powerless to stop it. So, if you ever see
> someone driving suspiciously, don't hesitate - you should call it in. You
> could be saving someone else's life.
>
> 3) Carry a cell phone. The cyclist was coherent enough to dial his
> wife.
> I spoke with her and reassured her that he was conscious, that the
> ambulance
> had arrived, and kept her updated on where the ambulance was taking him.
> I
> was wishing for a camera-phone, so I could take a photo of his position,
> where the bike landed, etc. You just never know when that info might be
> useful to prosecutors.
>
> 4) There are some things we can not "protect" ourselves from. So often in
> these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
> safer on the roads?". And sometimes, the answer is Nothing. This
> cyclist
> was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
> and was wearing a helmet. He had the misfortune of being on the road at
> the
> same time as a driver with very little respect for human life. While I
> consider myself to be a relatively skilled and observant cyclist, I never
> assume that I'm safe out there. I pay up for a comprehensive health
> insurance plan.
>
> Now, the "good" news. The driver was apprehended! He hit a vehicle a few
> miles away. Apaprently attempted to abandon his vehicle, but was caught
> first. Guy was drunk. He reportedly had multiple previous DUIs. The
> police office on the scene told me the charge for hitting the cyclist
> would
> be felony hit-and-run, and with so many witnesses (there were others
> besides
> me), a second collision, and apprehension while still under the influence,
> I
> have to believe the guy will get convicted, and hopefully some jail time.
>
> The bad news, of course, is that the cyclist was pretty banged up.
> Multiple
> lacerations, huge hematoma on his leg, dislocated shoulder (or broken
> collar
> bone, uncertain at scene) and head trauma sufficient to have him sent to
> Legacy instead of St Vincents.
>
> Susan
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>
>


Susan Otcenas

2006-06-12

Apologies for the cross-post.

Last night I witnessed a hit-and-run. Motorist mowed down a cyclist riding
in a bike lane. Without going into great detail about the incident, I
learned a few lessons I wanted to share.

1) I knew license plate number, make, model and color of vehicle, etc. But
the officers responding on the scene asked several times "Can you describe
the driver?" Other than the briefest of descriptions (like "male, olive
complexion"), I couldn't. So if you can get a good look at the driver, be
sure to do so.

2) If you see someone driving erratically, call 911. In this case, I had
explicit information on the vehicle, because I was *already* in the process
of calling the police when he hit the cyclist. I'd been observing the
vehicle for about a mile (I was driving, and he was in the adjacent lane),
and I could tell the driver was impaired. As we approached the cyclist, it
was like a horror movie unfolding. I KNEW he was going to hit the cyclst.
I could see it coming but was powerless to stop it. So, if you ever see
someone driving suspiciously, don't hesitate - you should call it in. You
could be saving someone else's life.

3) Carry a cell phone. The cyclist was coherent enough to dial his wife.
I spoke with her and reassured her that he was conscious, that the ambulance
had arrived, and kept her updated on where the ambulance was taking him. I
was wishing for a camera-phone, so I could take a photo of his position,
where the bike landed, etc. You just never know when that info might be
useful to prosecutors.

4) There are some things we can not "protect" ourselves from. So often in
these cases, non-cyclists, reporters, etc. ask "what can cyclists do to be
safer on the roads?". And sometimes, the answer is Nothing. This cyclist
was wearing a screaming yellow jersey, in broad daylight, in a bike lane,
and was wearing a helmet. He had the misfortune of being on the road at the
same time as a driver with very little respect for human life. While I
consider myself to be a relatively skilled and observant cyclist, I never
assume that I'm safe out there. I pay up for a comprehensive health
insurance plan.

Now, the "good" news. The driver was apprehended! He hit a vehicle a few
miles away. Apaprently attempted to abandon his vehicle, but was caught
first. Guy was drunk. He reportedly had multiple previous DUIs. The
police office on the scene told me the charge for hitting the cyclist would
be felony hit-and-run, and with so many witnesses (there were others besides
me), a second collision, and apprehension while still under the influence, I
have to believe the guy will get convicted, and hopefully some jail time.

The bad news, of course, is that the cyclist was pretty banged up. Multiple
lacerations, huge hematoma on his leg, dislocated shoulder (or broken collar
bone, uncertain at scene) and head trauma sufficient to have him sent to
Legacy instead of St Vincents.

Susan