Or did the deputy investigate if the driver maintained a clean
windshield? Bright sun on a dirty windshield is very disruptive to
good visibility. A case could be made that operating a vehicle with
such a condition was reckless.
811.060 Vehicular assault of bicyclist or pedestrian; penalty.
(1) For the purposes of this section, “recklessly” has the meaning
given that term in ORS 161.085.
(2) A person commits the offense of vehicular assault of a
bicyclist or pedestrian if:
(a) The person recklessly operates a vehicle upon a highway in
a manner that results in contact between the person’s vehicle and a
bicycle operated by a person, a person operating a bicycle or a
pedestrian; and
(b) The contact causes physical injury to the person operating
a bicycle or the pedestrian.
(3) The offense described in this section, vehicular assault
of a bicyclist or pedestrian, is a Class A misdemeanor. [2001 c.635
§5]
161.085 Definitions with respect to
culpability. As
used in chapter 743, Oregon Laws
1971, and ORS 166.635, unless the context requires otherwise:
(9)
“Recklessly,”
when used with respect to a result or to a circumstance
described
by a statute defining an offense, means that a person is aware
of and
consciously disregards a substantial and unjustifiable risk that
the result
will occur or that the circumstance exists. The risk must be of
such nature and
degree that disregard thereof constitutes a gross deviation from
the standard
of care that a reasonable person would observe in the situation.
811.065 Unsafe passing of person operating bicycle; penalty.
(1) A driver of a motor vehicle commits the offense of unsafe
passing of a person operating a bicycle if the driver violates any
of the following requirements:
(a) The driver of a motor vehicle may only pass a person
operating a bicycle by driving to the left of the bicycle at a safe
distance and returning to the lane of travel once the motor vehicle
is safely clear of the overtaken bicycle. For the purposes of this
paragraph, a “safe distance” means a distance that is sufficient to
prevent contact with the person operating the bicycle if the person
were to fall into the driver’s lane of traffic. This paragraph does
not apply to a driver operating a motor vehicle:
(A) In a lane that is separate from and adjacent to a
designated bicycle lane;
(B) At a speed not greater than 35 miles per hour; or
(C) When the driver is passing a person operating a bicycle on
the person’s right side and the person operating the bicycle is
turning left.
(b) The driver of a motor vehicle may drive to the left of the
center of a roadway to pass a person operating a bicycle proceeding
in the same direction only if the roadway to the left of the center
is unobstructed for a sufficient distance to permit the driver to
pass the person operating the bicycle safely and avoid interference
with oncoming traffic. This paragraph does not authorize driving on
the left side of the center of a roadway when prohibited under ORS
811.295, 811.300 or 811.310 to 811.325.
(c) The driver of a motor vehicle that passes a person
operating a bicycle shall return to an authorized lane of traffic as
soon as practicable.
(2) Passing a person operating a bicycle in a no passing zone
in violation of ORS 811.420 constitutes prima facie evidence of
commission of the offense described in this section, unsafe passing
of a person operating a bicycle, if the passing results in injury to
or the death of the person operating the bicycle.
(3) The offense described in this section, unsafe passing of a
person operating a bicycle, is a Class B traffic violation. [2007
c.794 §2]
Rick Johnson
Bend, Oregon
Every revolutionary idea seems to evoke three stages of reaction...
One, it's completely impossible.
Two, it's possible, but it's not worth doing.
Three, I said it was a good idea all along.
Arthur C. Clarke
On 2/1/2012 12:19 PM, T. Kenji Sugahara wrote:
I think there's a couple issues in this entire ordeal.
David was riding well within his rights.
The Deputy's statements were very unfortunate in the characterizations.
The accident was unlikely to be intentional-
http://www.statesmanjournal.com/comments/article/20120128/NEWS/201280334/Salem-bicyclist-dies-after-being-hit-from-behind-by-truck
While it can't be verified that the statement was actually made by
David's daughter, an individual in the comments stated that the driver
stopped and immediately performed CPR on David.
I do still have questions though- did the deputy check the cell phone
records to see if the individual was potentially distracted?
On Wed, Feb 1, 2012 at 12:01 PM, Kevin <kevin97116@yahoo.com> wrote:
Of special note is the statement that the sun was blindingly bright and yet
according to the report the driver was traveling westbound at 11 am. None of
that however absolves the driver of the requirement to operate with due care
regardless of weather conditions.
Sent from my Verizon Wireless 4G LTE smartphone
-------- Original Message --------
Subject:[OBRA Chat] OT: Cyclist Death
>From :palm615@comcast.net
Date :Wed, 01-Feb-2012 11:44
To :obra@list.obra.org
CC :
A Salem cyclist, and ODOT employee, David Apperson, was killed last friday
while riding on Hopewell Rd. Please read some of the following reports and
comments about the incident. My general impression is that they are trying
to lay the bulk of the responsibility on the cyclist. "He was on a
recumbent, which is low and hard to see", "He was probably riding in the
lane, as there was gravel on the shoulder". "He's had previous conflicts
with motorists, so probably rides more in the road". The driver claimed that
the sun was "blindingly bright" and he couldn't see him, just felt and heard
the impact. He cooperated with Sheriff's Deputies during the investigation
and will not be charged.
It is outrageous that a driver KILLED someone who was riding legally on a
road that many of us (OBRA members) ride on, and that he has not been
charged.
I wrote to the Polk County District Attorneys Office asking for them to
review this matter and have not heard back from them. I also wrote to the
BTA, asking if they have anyone who follows up on injuries or deaths. I
encourage all of you to write or call the DA or Polk County Sheriff asking
for further action to be taken about the negligent (if not criminal)
operation of a vehicle, that resulted in this tragic loss of a life.
Thanks, Dave
http://www.facebook.com/pages/Polk-County-Sheriffs-Office/132340400145183#!/notes/polk-county-sheriffs-office/fatal-vehicle-versus-bicycle-crash/361867383823343
http://www.newsyamhillcounty.com/archives/4718
http://portlandattorney.wordpress.com/tag/david-apperson/
http://breakfastonbikes.blogspot.com/2012/01/person-on-bike-killed-in-crash-with.html
http://bikeportland.org/2012/01/30/odot-employee-dies-after-being-hit-while-riding-on-rural-salem-road-66219
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