Curt Dewees

Dale makes a very good point: Anytime one can resolve these kinds
of incidents by treating the motorist with kindness and respect (even if and
when they failed to give you the same consideration), you help to build a
better foundation for future cooperation and respect between car drivers and
bike riders.

Since he freely gave you his name and number, perhaps you could send him a
reasonable estimate from your LBS of what it's going to cost to repair your
wheel and get everything back into good working condition again, This would
give him the opportunity to make things right with you and also help you
both avoid getting tangled up with the legal system with police, courts,
etc. Perhaps a win/win for both of you, if he is willing to see it that
way.

On Wed, May 27, 2009 at 12:31 PM, ahnalyst wrote:

> As you say, "He did freely give his name and number," this isn't a
> hit-and-run job, and you don't even need his license plate if he stopped
> and talked to you.
>
> The fact that you... "don’t really care about getting him in trouble. He
> was a young kid, running late for school" is quite a measure of grace and
> maturity on your part. Do you HAVE to report it? No. I think there's even a
> clause in the Oregon Code that says if the damage exceeds some value, you
> do, but it sounds like it didn't.
>
> You were lucky, and so was he not to bump into a more anti-car vilifying
> cyclist.
>
>

ahnalyst

As you say, "He did freely give his name and number," this isn't a
hit-and-run job, and you don't even need his license plate if he stopped
and talked to you.

The fact that you... "don’t really care about getting him in trouble. He was
a young kid, running late for school" is quite a measure of grace and
maturity on your part. Do you HAVE to report it? No. I think there's even a
clause in the Oregon Code that says if the damage exceeds some value, you
do, but it sounds like it didn't.

You were lucky, and so was he not to bump into a more anti-car vilifying
cyclist.

-Dale

On Wed, May 27, 2009 at 8:57 AM, Josh Townsley wrote:

> So on my ride to work this morning, I was riding across a cross walk,
> with a full walk signal, not even blinking, when a guy turned right across
> my path. I was at a walking pace.
>
> Just a bruised leg for me, and a very small wobble in my front wheel.
>
> It’s the crosswalk on Naito, going across Market. Cars are coming off of
> I-5 here, so they always seem to be ready to turn right as quickly as
> possible.
>
>
>
> Besides the verbal attack he got from me right after, is there anything
> else I should be doing? I don’t really care about getting him in trouble. He
> was a young kid, running late for school. I imagine after hitting a
> bicyclist, he’ll always double check the crosswalk is open from now on. He
> did freely give his name and number.
>
> Is there somebody this should be reported to just for statistics? Should I
> care about that?
>
> Thanks all-
>
>
>
> Josh
>
>
>
>
>
> Josh Townsley - Bike Coordinator
>
> National Multiple Sclerosis Society
> Oregon Chapter
> 503.445.8347
>
> Josh@defeatms.com
>
>
>
> [image: WorldMSDay.org - Register Today!]
>
>
>
> *JOIN THE MOVEMENT*
>
> www.defeatMS.com
>
>
>
> _______________________________________________
> OBRA mailing list
> obra@list.obra.org
> http://list.obra.org/mailman/listinfo/obra
> Unsubscribe: obra-unsubscribe@list.obra.org
>
>

Michael O'Hair

Caution: "Walking Speed" is defined a 2.5 miles an hour (legal beagles correct me if I'm wrong). This gives a driver an out "...he just came out of nowhere and was going too fast for me to stop in time."

The sidewalk/crosswalk rules were changed to deal with children riding their trikes/bikes/big wheels/etc on the sidewalks and riding on crosswalks while their parents walked with them.

I would add "use some common sense" but then I think about the audience. Suffice it to say that the laws of physics are always in effect.

----- Original Message -----
From: hrdtduck
To: 'Josh Townsley' ; obra@list.obra.org
Sent: Wednesday, May 27, 2009 10:37 AM
Subject: Re: [OBRA Chat] Hit in crosswalk... what's the correct response?

Remember you have a legal right to be in the crosswalk according to Oregon Code 804, IF you are crossing at the same speed as a pedestrian.

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On Behalf Of Josh Townsley
Sent: Wednesday, May 27, 2009 8:57 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Hit in crosswalk... what's the correct response?

So on my ride to work this morning, I was riding across a cross walk, with a full walk signal, not even blinking, when a guy turned right across my path. I was at a walking pace.

Just a bruised leg for me, and a very small wobble in my front wheel.

It's the crosswalk on Naito, going across Market. Cars are coming off of I-5 here, so they always seem to be ready to turn right as quickly as possible.

Besides the verbal attack he got from me right after, is there anything else I should be doing? I don't really care about getting him in trouble. He was a young kid, running late for school. I imagine after hitting a bicyclist, he'll always double check the crosswalk is open from now on. He did freely give his name and number.

Is there somebody this should be reported to just for statistics? Should I care about that?

Thanks all-

Josh

Josh Townsley - Bike Coordinator

National Multiple Sclerosis Society
Oregon Chapter
503.445.8347

Josh@defeatms.com

JOIN THE MOVEMENT

www.defeatMS.com

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Bushnell, Spencer

the correct response is to report it to the Police and the insurance company, period. I think that this is the most important thing cyclists can do to raise the awareness of cyclists on the road. i feel the best way to do this is via their pocketbook/ rising insurance rates. i found that my own experience with being hit and recovering damages was greatly enhanced by a police report. Even though the judge found me partially at fault (thats another story) the drivers insurance paid me for the accident and to repair my bike. i'm not saying to get "sue happy" or such, just to report the accident someplace concrete, not just on your blog.
i'll now defer to our obra lawyer crowd.
spencer

________________________________

From: obra-bounces@list.obra.org on behalf of Josh Townsley
Sent: Wed 5/27/2009 8:57 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Hit in crosswalk... what's the correct response?

So on my ride to work this morning, I was riding across a cross walk, with a full walk signal, not even blinking, when a guy turned right across my path. I was at a walking pace.

Just a bruised leg for me, and a very small wobble in my front wheel.

It's the crosswalk on Naito, going across Market. Cars are coming off of I-5 here, so they always seem to be ready to turn right as quickly as possible.

Besides the verbal attack he got from me right after, is there anything else I should be doing? I don't really care about getting him in trouble. He was a young kid, running late for school. I imagine after hitting a bicyclist, he'll always double check the crosswalk is open from now on. He did freely give his name and number.

Is there somebody this should be reported to just for statistics? Should I care about that?

Thanks all-

Josh

Josh Townsley - Bike Coordinator

National Multiple Sclerosis Society
Oregon Chapter
503.445.8347

Josh@defeatms.com

WorldMSDay.org - Register Today!

JOIN THE MOVEMENT

www.defeatMS.com

DISCLAIMER:
This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message.

hrdtduck

Remember you have a legal right to be in the crosswalk according to Oregon
Code 804, IF you are crossing at the same speed as a pedestrian.

From: obra-bounces@list.obra.org [mailto:obra-bounces@list.obra.org] On
Behalf Of Josh Townsley
Sent: Wednesday, May 27, 2009 8:57 AM
To: obra@list.obra.org
Subject: [OBRA Chat] Hit in crosswalk... what's the correct response?

So on my ride to work this morning, I was riding across a cross walk, with a
full walk signal, not even blinking, when a guy turned right across my path.
I was at a walking pace.

Just a bruised leg for me, and a very small wobble in my front wheel.

It's the crosswalk on Naito, going across Market. Cars are coming off of I-5
here, so they always seem to be ready to turn right as quickly as possible.

Besides the verbal attack he got from me right after, is there anything else
I should be doing? I don't really care about getting him in trouble. He was
a young kid, running late for school. I imagine after hitting a bicyclist,
he'll always double check the crosswalk is open from now on. He did freely
give his name and number.

Is there somebody this should be reported to just for statistics? Should I
care about that?

Thanks all-

Josh

Josh Townsley - Bike Coordinator

National Multiple Sclerosis Society
Oregon Chapter
503.445.8347

Josh@defeatms.com

WorldMSDay.org - Register Today!

JOIN THE MOVEMENT

www.defeatMS.com

Curt Dewees

There is a citizen-citation process, which allows you, an ordinary citizen,
to issue a citation to a car driver whom you witnessed breaking the law.
It's rather time-consuming, but once you get the ball rolling, the Portland
Police are obligated by law to go to the person's door, in person, and issue
them a citation with a court date. The person then has the choice to either
plead "Guilty" and pay the fine, or plea "Not guilty" and show up in traffic
court and face the judge. If you're willing to put in the time and effort,
you can use this legal process to force the person who hit you defend
themself and their behavior in a court of law.

CD

On Wed, May 27, 2009 at 9:58 AM, Josh Townsley wrote:

> I didn’t unfortunately… just his name and number
>
>
>
>

Mark J. Ginsberg

Josh,

Well, so long as you were going walking speed you had the right of way, but bikes on the sidewalk are statistically dangerous.

As for follow up, you can report it to DMV via a form they have. The DMV are on the fence as to whether bicyclists should report collisions, but they will let you. They will then look for a form from the adverse driver to match up with your form. You could also doa police non-emergency call but the PPB will be not very interested and will tell you that so long as the driver stopped you need to work it out with driver and drivers ins co.

I think you should you care about reporting it to DMV b/c that data base is used to calculate crash rates and where we need to put more fuinding for bicycle safety.

You can also pursue a claim for your injury, but if it is a bruise you may chose to not.

I am happy to talk off list if you wish about the subtleties and details.

Mark

Mark J. Ginsberg

Berkshire Ginsberg, LLC

Attorneys At Law

1216 SE Belmont St.

Portland, OR 97214

(503) 542-3000

Fax (503) 233-6874

markjginsberg@yahoo.com

www.bikesafetylaw.com

--- On Wed, 5/27/09, Josh Townsley wrote:

From: Josh Townsley
Subject: [OBRA Chat] Hit in crosswalk... what's the correct response?
To: obra@list.obra.org
Date: Wednesday, May 27, 2009, 8:57 AM

So on my ride to work this morning, I was riding across a
cross walk, with a full walk signal, not even blinking, when a guy turned right
across my path.  I was at a walking pace.

Just a bruised leg for me, and a very small wobble in my
front wheel.

It’s the crosswalk on Naito, going across Market. Cars
are coming off of I-5 here, so they always seem to be ready to turn right as
quickly as possible.

 

Besides the verbal attack he got from me right after, is
there anything else I should be doing? I don’t really care about getting
him in trouble. He was a young kid, running late for school. I imagine after
hitting a bicyclist, he’ll always double check the crosswalk is open from
now on. He did freely give his name and number.

Is there somebody this should be reported to just for
statistics? Should I care about that?

Thanks all-

 

Josh

 

 

Josh Townsley - Bike
Coordinator

National Multiple Sclerosis Society

Oregon
Chapter

503.445.8347

Josh@defeatms.com

 

 

JOIN THE MOVEMENT

www.defeatMS.com

 

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Curt Dewees

Did you get the licence plate #? If you did, I have some suggestions ...

On Wed, May 27, 2009 at 8:57 AM, Josh Townsley wrote:

> So on my ride to work this morning, I was riding across a cross walk,
> with a full walk signal, not even blinking, when a guy turned right across
> my path. I was at a walking pace.
>
> Just a bruised leg for me, and a very small wobble in my front wheel.
>

Josh Townsley

So on my ride to work this morning, I was riding across a cross walk,
with a full walk signal, not even blinking, when a guy turned right
across my path. I was at a walking pace.

Just a bruised leg for me, and a very small wobble in my front wheel.

It's the crosswalk on Naito, going across Market. Cars are coming off of
I-5 here, so they always seem to be ready to turn right as quickly as
possible.

Besides the verbal attack he got from me right after, is there anything
else I should be doing? I don't really care about getting him in
trouble. He was a young kid, running late for school. I imagine after
hitting a bicyclist, he'll always double check the crosswalk is open
from now on. He did freely give his name and number.

Is there somebody this should be reported to just for statistics? Should
I care about that?

Thanks all-

Josh

Josh Townsley - Bike Coordinator

National Multiple Sclerosis Society
Oregon Chapter
503.445.8347

Josh@defeatms.com

JOIN THE MOVEMENT

www.defeatMS.com