Originally Posted by
B. Carfree
I don't buy the single witness suicide swerve story. What was the motorist supposed to say? "Gee officer. I was speeding along while texting my grand-daughter when I felt an unusual thump." Under Oregon law, if she was in the lane when she hit him, as opposed to the deadly blow coming when both of them were in the oncoming lane, then she's fully at fault for passing too closely. As Long Tom noted, it's unlikely the victim didn't hear an overtaking pick-up with a trailer in tow. Just the tire noise can be heard for the better part of a mile on our roads.
First, sorry to hear about anyone dying. Prayers with the family.
What's hard to believe about the account in the linked article? Turngin left, from the right shoulder is a really bad idea, and cyclists get killed doing that with some frequency.
Presumably the phyisical evidence matches up with the account; i.e. the location of the driveway the cyclist was purportedly turing into, and the position in the road of the initial impact, which can likely be determined with some degree of precision from gauge marks in the roadway, blood stains and debris. It shouldn't be too difficult to determine in the impact occurred on the shoulder or well out into the lane.
So while common experience, witness testimony and potentially the physical evidence lines up with the Newspaper account.
Yet you speculate with ZERO evidnece that the driver was texting.