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Old 10-03-06, 02:53 PM   #1
Blue Order
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Another Portland Fatality

Cyclist Killed, Driver Arrested

Bicyclist struck, killed on his 26th birthday

10:04 AM PDT on Tuesday, October 3, 2006

By TERESA BELL, kgw.com Staff

MILWAUKIE, Ore. -- A bicyclist was struck and killed on his birthday, along Highway 99E, just south of Milwaukie late Monday night and the driver who hit him may have been drunk, police said.

Oregon State Police said the crash happened around 9:30 p.m., on Highway 99E, also known as SE McLoughlin Blvd, between Oak Grove Blvd. and SE Silverleaf.

Daniel Kimball Frank, of Milwaukie, was pronounced dead at the scene. He had just turned 26-years old. Police said it appeared that Frank was traveling northbound in the bike lane when he was hit.

The driver of the car, Jennifer Ballew, 32, of Clackamas was not injured. She was later arrested on one count of manslaughter in the second degree and lodged in the Clackamas County Jail. Investigators said they suspect she may have been driving impaired, possibly from combining prescription medications and alcohol.

The road re-opened around 3 a.m. and investigators were on scene until about 3:20 a.m.
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Old 10-03-06, 03:05 PM   #2
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RIP Daniel.
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Old 10-03-06, 03:46 PM   #3
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My condolences to Daniel Frank's loved ones.

I posted this to the Bike Lane Deaths thread.

Bike Lane deaths
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Old 10-03-06, 03:50 PM   #4
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Quote:
Originally Posted by Helmet Head
My condolences to Daniel Frank's loved ones.

I posted this to the Bike Lane Deaths thread.

Bike Lane deaths
But not to a Drunk-Driver Deaths thread. Predictable.
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Old 10-03-06, 03:51 PM   #5
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Quote:
Originally Posted by mechBgon
But not to a Drunk-Driver Deaths thread. Predictable.
Somebody missed the part about the drunk driver.

RIP Daniel. His family must be devastated.
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Old 10-03-06, 04:00 PM   #6
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Quote:
Originally Posted by mechBgon
But not to a Drunk-Driver Deaths thread. Predictable.
Quote:
Originally Posted by Blue Order
Somebody missed the part about the drunk driver.
(I'm trying not to hijack this thread, but must clarify something in respondse to comments made to my post)

Don't you think drunk drivers are more likely than sober drivers to not notice a cyclist up ahead, especially if he is in a bike lane and appears to be out of their way, and/or are more likely to choose to not pay attention to a cyclist up ahead because he is in a shoulder ("on the verge") or bike lane (like the woman in Australia did), get distracted, and drift into a bike lane or shoulder?

The point of this technique is to try to grab the attention of all drivers, including drowsy and drunk drivers, if at all possible.

Follow-ups to:
Using DLLP to avoid inadvertent drift collisions
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Old 10-03-06, 04:02 PM   #7
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That's awful! At least for once the proper authorities are treating such an incident as a possible crime.
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Old 10-03-06, 04:08 PM   #8
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Lights? Travelling with or against traffic?
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Old 10-03-06, 04:11 PM   #9
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Quote:
Originally Posted by Helmet Head
(I'm trying not to hijack this thread, but must clarify something in respondse to comments made to my post)

Don't you think drunk drivers are more likely than sober drivers to not notice a cyclist up ahead, especially if he is in a bike lane and appears to be out of their way, and/or are more likely to choose to not pay attention to a cyclist up ahead because he is in a shoulder ("on the verge") or bike lane (like the woman in Australia did), get distracted, and drift into a bike lane or shoulder?

The point of this technique is to try to grab the attention of all drivers, including drowsy and drunk drivers, if at all possible.

Follow-ups to:
Using DLLP to avoid inadvertent drift collisions
This is the only reply I'll make in this thread, and then let's call it even. At 3AM (edit: 9:30PM, thanks genec), the cyclist would not be able to use your stupid technique unless he were running a decent visibility system that is visible to people with blurred, drunk vision from relatively long range. And my real-world research seems to show that lane position is often a non-factor when the visibility system is that good. By the time they're close enough for lane position to be determined, they've already been aware of the cyclist for a while.

Whether you're done blaming the bike lane or not, I'm finished with that tangent here myself.

Last edited by mechBgon; 10-03-06 at 04:27 PM.
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Old 10-03-06, 04:16 PM   #10
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Actually it was a 9:30 PM incedent... but I still tend to agree with you. This appears to be a drunk driving incedent.
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Old 10-03-06, 04:35 PM   #11
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Drunk driving, 9:30 PM, a relatively high speed road....

What we don't know: If the cyclist had any lights or other high visibility gear, if he was riding with or against traffic, if he was sober or over the limit....

Don't mistake it for blaming the cyclist, it's just that there are too many unknowns in this story for us to know anything more than that a drunk driver was involved.

Such a sad story.
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Old 10-03-06, 05:18 PM   #12
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We don't even know a drunk driver was involved.

"Investigators said they suspect she may have been driving impaired, ..."
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Old 10-03-06, 05:28 PM   #13
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The driver of the car, Jennifer Ballew, 32, of Clackamas was not injured. She was later arrested on one count of manslaughter in the second degree and lodged in the Clackamas County Jail. Investigators said they suspect she may have been driving impaired, possibly from combining prescription medications and alcohol.

163.125 Manslaughter in the second degree. (1) Criminal homicide constitutes manslaughter in the second degree when:

(a) It is committed recklessly;

(b) A person intentionally causes or aids another person to commit suicide; or

(c) A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115.

(2) Manslaughter in the second degree is a Class B felony. [1971 c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1]
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Old 10-03-06, 05:33 PM   #14
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Manslaughter in the second degree requires more than just "inattentional blindness." They wouldn't be charging her with this if they weren't confident that they have some proof of recklessness.
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Old 10-03-06, 05:43 PM   #15
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I'm sorry, but how does any of that lead to us "knowing" that a DRUNK driver was involved?
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Old 10-03-06, 07:17 PM   #16
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Quote:
Originally Posted by Helmet Head
Don't you think drunk drivers are more likely than sober drivers to not notice a cyclist up ahead, especially if he is in a bike lane and appears to be out of their way, and/or are more likely to choose to not pay attention to a cyclist up ahead because he is in a shoulder ("on the verge") or bike lane (like the woman in Australia did), get distracted, and drift into a bike lane or shoulder?
I honestly don't think that anyone who is mixing prescription drugs with alcohol is going notice much of anything. I had a similar personal experience as a child and a vehicle passenger with the driver majorly intoxicated on downers and alcohol. Nothing got through to the driver, including my screams that we were going into the ditch. Later, he admitted he didn't even hear me. I think the only mistake the cyclist made was not being psychic and knowing this woman would be driving on the road.
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Old 10-03-06, 07:24 PM   #17
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Originally Posted by Helmet Head
I'm sorry, but how does any of that lead to us "knowing" that a DRUNK driver was involved?
1) Motorist is charged with a homicide that requires an element of recklessness; 2) Police are investigating for use of alcohol with medication. Ergo, the D.A. believes that evidence exists to support the charge that requires an element of recklessness. That would be consistent with impaired driving, and inconsistent with Failure to POWERWEAVE, or Failure to PEEK-A-BOO, or whatever term it is you're using these days.
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Old 10-03-06, 07:26 PM   #18
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Quote:
Originally Posted by Helmet Head
I'm sorry, but how does any of that lead to us "knowing" that a DRUNK driver was involved?
It's true, they can't say for sure, but let me tell you about the Milwaukie, OR police and/or the Clackamas County Sherriff. (The arrest was made by one of them.) Neither agency arrests drivers like this ever unless they know they have it in the bag. This is our metro county with the "lowbrow" rep - you know every metro area has one. These guys know their DUIIs. I'm sure Blue Order takes where it happened and who would have made the arrest into account when he expresses confidence that the driver was indeed intoxicated.

I work in an A&D treatment clinic and not a day goes by that we don't have someone show up intoxicated on drugs and/or alcohol. Looking at her mugshot, this woman was on something.
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Old 10-03-06, 07:27 PM   #19
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Quote:
Originally Posted by mechBgon
This is the only reply I'll make in this thread, and then let's call it even. At 3AM (edit: 9:30PM, thanks genec), the cyclist would not be able to use your stupid technique unless he were running a decent visibility system that is visible to people with blurred, drunk vision from relatively long range. And my real-world research seems to show that lane position is often a non-factor when the visibility system is that good. By the time they're close enough for lane position to be determined, they've already been aware of the cyclist for a while.

Whether you're done blaming the bike lane or not, I'm finished with that tangent here myself.
FYI, this is a very well-lit road. I'd easily be able to see a cat cross it at night - clean and sober.
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Old 10-03-06, 07:45 PM   #20
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My condolescences to the family and all those who knew him. This is simply awful.

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Old 10-03-06, 07:55 PM   #21
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RIP Daniel.

HH, please, please, please shut up.

RIP Daniel.
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Old 10-03-06, 09:24 PM   #22
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Quote:
Originally Posted by Helmet Head
My condolences to Daniel Frank's loved ones.

I posted this to the Bike Lane Deaths thread.

Bike Lane deaths
I didn't think you could be anymore of a jackass. I was wrong.
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Old 10-03-06, 11:51 PM   #23
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KATU News (Channel 2) had this on the 10:00 news tonight. They broadcast a police request for any witnesses to come forward and talk to the police about this fatal accident. So if you know of anyone who saw this happen, please have the contact the police.

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Old 10-04-06, 12:56 AM   #24
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The worst possible outcome of these is the exploitation by a certain, presently ignored member.

No reason to promote him by name...


Peace be with the family. At least he went on his birthday. A perfect circle.
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Old 10-04-06, 11:02 AM   #25
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I'm sorry to hear this. So young. Rest in peace.

Ride safe out there, everyone.
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