Doug Hormann
You were fine until you wrote "legally elected not to follow the bike lane".
Unless the bike lane was unsafe to a reasonable person (full of trash,
glass, under construction, under water) there is no choice to be made here.
The bike lane is the legal path and you may not "legally" deviate from it.
Convenience; not having to slow down; etc. are not legal reasons to leave
the path/lane. The path in that spot is there to prevent exactly this sort
of situation. The driver of the bus has the obligation to exibit due care
when operating the bus, just as cyclists have the same obligation; so if the
driver of the bus had seen the bicycle and sped up to "show him who's boss"
then there might be a culpable mental state of the part of the driver.
Having said all that, I've been known to take the road vs. the bike lane or
path just because I want to, but that doesn't mean that I can cry foul if I
get injured or squashed.
Doug Hormann
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Catlin, Wil
Sent: Thursday, April 02, 2009 12:31 PM
To: Justin Serna; Chris Alling; Obra
Subject: Re: [OBRA Chat] What was he thinking.
Yup, it's hard enough for folks to follow the details of even this one
specific situation.
There was no lane holding by the cyclist: that's the problem. The 'on ramp'
there is its own lane in parallel with the two on Barbur that it joins. Form
that point down to the Front St. pullout (or so) there are three lanes on
Barbur.
So, the cyclist legally elected not to follow the bike lane and remained in
the right lane. Fine. BUT, once he passed Capitol HWY he found himself no
longer in the right lane but in the center lane. Bus is in the right lane,
heading on down the road toward its next stop like all buses do when they
aren't out hunting for cyclists. Fine again, in that at least the bus is not
demonstrably hunting. However, the cyclist then decides he just can't wait
for the bus to pass, in fact wants to beat that damn bus, demoralize the
indifferent, godless thing, and forthwith treats all and sundry to a
mortality-flaunting display of horsepower and senseless verve by outpacing
and then Oh! cutting past the beast, through the lane, a hair's breadth from
harm, safely into the . bike lane. Surely the stuff of demi-gods on earth,
yes? Cripes.
At least, at the very, very least, if cornered and stopped, if pressed by
cops or irate drivers, the cyclist wouldn't have gazed bewildered at the
gathered crowd and said. "Bus? I never saw it."
_____
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Justin Serna
Sent: Thursday, April 02, 2009 12:03 PM
To: Chris Alling; Obra
Subject: Re: [OBRA Chat] What was he thinking.
I would have to agree with Chris in this situation if the cyclist was in
fact traveling at the speeds you described he had every right to hold the
lane he was in and the bus should have given him the right of way. However
I will agree with you that merging in front of a bus at that speed and
proximity is very dangerous. I have found that quite often bus drivers can
be the worst offenders when it comes to giving way to cyclist.
Unfortunately with the increased popularity of cycling we will see many
different types of riders just as we see in those who drive automobiles. I
think the key is to judge each situation as an individual case and then
remember that everyone has a point of view, but I guess that would be a bit
idealistic.
Cheers and safe training and riding..........
J. Serna
#1250
_____
From: Chris Alling
To: Obra
Sent: Thursday, April 2, 2009 10:54:05 AM
Subject: Re: [OBRA Chat] What was he thinking.
>From your description it sounds as if the bus should have yielded the right
of way to the cyclist and he should be lambasted for not applying the brakes
and yielding. It sounds like the bike was traveling legally with the flow af
traffic.
_____
From: JRaedeke@roguecc.edu
To: obra@list.obra.org
Date: Thu, 2 Apr 2009 10:07:49 -0700
Subject: Re: [OBRA Chat] What was he thinking.
Amen !!! Let's all try to not give motorists any reasons to dislike cyclist
on the roadways. Let's make positive progress.
john
From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Mike Rosenfeld
Sent: Thursday, April 02, 2009 9:38 AM
To: OBRA
Subject: [OBRA Chat] What was he thinking.
I am not one to publicly lambaste another cyclist but I witnessed such a
huge display stupidity this morning I have to take the time to vent.
The incident took place where Capitol Highway merges onto Barbur Blvd. I
have attached a picture of the area to refresh memories.
There is a bike path for those heading towards downtown to go around the
overpass and then merge back onto Barbur Blvd safely.
It was about 7:45am, pouring down rain, and very low visibility.
I was driving (yes I know...you can pick on me for driving) towards downtown
and was passing under the overpass. I see a cyclist with minimal lighting
and dark cycling gear, The rain jacket was Red, bluish helmet. I would have
to gauge this cyclist as a racer due to the type of bike, smooth spin, and
speed at which he was traveling, also the gear was indicative of someone who
knows how to ride in the rain....speed would be maybe 25 to 30 mph. They
decide to bypass the bike path round-about and go under the over pass.
As I close the distance and pass under the overpass I see a Trimet bus
coming down the ramp getting ready to merge onto Barbur from Capitol.
The cyclist stands up and starts to sprint.
The Bus increases speed.
I slow down in case the cyclist needs to veer into my lane....Every muscle
in my body tenses and I mutter a curse under my breath through clenched jaws
as the cyclist cuts across in front of the bus. And this is no
joke.....there was only 5 feet of clearance between the rear wheel of the
cyclist and the bus...it was even less by the time the cyclist clears the
bumper of the bus and is safely across the lane.
The brake lights on the bus never even flickered.
I really thought I was going to watch this guy die....not just hurt but
actually dead. The bus was doing at least mid 30's and would have smeared
the cyclist for at least 100+ feet before stopping.
This is the sort of thing that gives people legitimate complaints against
cyclists.
I know the argument that some experienced cyclists have with regards to
being in control of their environment and know the limitations of their
handling skills and speeds....but for goodness sake this was just down right
STUPID!!
I hope the cyclist is in fact a racer, a member of OBRA, and is reading
this. My message to you is this:
Your actions impact more than just you. If you had been wrong in your
abilities to clear the buses bumper, I and at least 30+ other people would
have watch you die. Horribly. Think of how the driver of the bus would
have felt knowing he or she had taken your life. For what?? 30 extra
seconds? Not wanting to deal a little bit of gravel? Think about this
before you do something like this again. Your actions.....your
decisions....have consequences to yourself and others.
I am a cyclist. I have been riding both competitively and for leisure on
and off for 25 years. I state this to lend credence to my assessment of the
situation.
Mike Rosenfeld
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