skinnyone

https://www.velonews.com/news/fea/13637.0.html

I am typing a letter to the Portland PD tonight

DocRay

The word "accident" is way overused in road mishaps, as is 'road mishaps'.
If I get drunk and bash someone with a bat, I'm guilty of manslaughter. If I use a car instead of a bat, It's an 'accident'. Slap my wrist real hard.

Negligence is not used enough in the press. Run a cyclist down in a bike lane, that's not an accident, it's negligent manslaughter.

damocles1

+11ty billion

dbikingman

Reading the article I see the word "collision" used several times. IF you view a collision as a caused occurence versus an accident, it helps to change your view on what occurred. There are very few accidents, but many collisions.

munkyv22

Lynch Mobs need to go after these drivers.

LIUser22

+1 agreed

Treefox

'Incident' is, I believe, the official neutral police word, rather than 'accident.'

At least in the UK...

patentcad

Now you sound like a litigation-happy American ambulance chasing lawyer DR.

There may be hope for you yet.

bayareawheeler

i just added 750k accidental death insurance as I now commute to work 3-5 times a week...



be safe

Keith99

Have I got this right? A truck passes half way down a hill, signals and then a cyclist coming from behind decides to pass on his right and this is the drivers fault?

Sorry the bias is clear, it is the writer of the article. The really sad part is he groups in other situations that quite possibly are the drivers fault and by association one wonders just how he has spun those incidents.

Change the bike to a motorcycle and what would you think?

jrn

Just put it up on Digg, hopefully the word about this article gets out.

elgalad

I think a motorcycle wouldn't be in the bike lane, so that's a moot point.

How would you feel if you were driving your car in the rightmost lane, and someone in the outside lane cut across your line of travel to turn right, causing you to crash into them? You'd be pissed because you have the right of way. It's exactly the same principle for bicycles travelling in a bike lane at the far right of the road. It is the job of motorists turning right to give way to bikes, such that the bike should not even have to slow to allow the vehicle to turn.

Bruce_B

I agree. I'm sick of hearing "accident" used to describe all the deaths and injuries that happen on our roads every day. Who was it that said "there are no accidents"?

LostBoizdown

Why should it change from "accident" to "manslaughter" when a cyclist is involved? Why is every accident that results in a cyclist dying the drivers fault?

What happened to the term "accident"?



Have none of you ever experienced a lapse of judgment?

GP 

So if I'm in my car, signalling and making a right turn, a bike in the bike lane on my right who is overtaking me has the ROW?

nosferaustin

"ORS 811.050 is the statute governing right of way in a bicycle lane; it is clear from reading the statute that the cyclist always has the right-of-way over a motorist who is making a turn:

A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane."


Yes.

GP 

Thanks.

Kurt Erlenbach

Manslaughter is a death caused by culpable negligence. Culpable negligence is, in Florida, "Conduct of a gross and flagrant character, evincing reckless disregard of human life, or of safety of persons exposed to its dangerous effects, or the entire want of care which would raise presumption of conscious indifference to consequences or which shows wantonness or recklessness or grossly careless disregard of safety and welfare of public, or that reckless indifference to rights of others, which is equivalent to an intentional violation of them."

Simple negligence results in accidents, culpable negligence results in manslaughter.

elgalad

fixed

Bruce_B

Sure, once in a while a true accident happens. But most of these so called accidents are the result of drivers with a burger in one hand and a cell phone in the other speeding and breaking numerous other traffic laws, often out of complete ignorance. The real problem in the US is that they will give a license to any moron who can find his way to a DMV office. IMO, if you have an "accident" while breaking a traffic law, then it's not an "accident." That's just my opinion though and not shared by most of the US.

Nola_Gal

Call me cynical, but it seems that unless you have one insurance company fighting another over which is going to cover the 'losses', nobody cares. Maybe cycling insurance, including bodily injury coverage would get some attention paid to what actually happened when the 'accident' occurs.

patentcad

The fact that this is an outrageous revelation to anyone here is the most entertaining part of this thread. You're on your own out there weenies. And if you get flattened, the only people that will give a **** are your friends and family. Justice is for cagers, not bikers. Accepting this is yet another key element to achieving Pcad Cycling Zen.

elgalad

Of course! I forgot about chapter three - Zen and the Art of Not Giving a *****

UmneyDurak

Thats why I have 500k "insurance" policy. I am not going to hell alone!

Blossom

I don't know about everybody else, but I get real nervous when somebody is signaling a right turn. I HATE passing them on the right because I don't have any freaking clue if they see me or not. If somebody passes me and then hits the turn signal, they probably think they can turn before I get there.

The cyclist may have had the right of way, but the outcome doesn't surprise me.