{"id":183760235,"date":"2010-10-28T20:30:35","date_gmt":"2010-10-28T20:30:35","guid":{"rendered":"https:\/\/wp.baltimorespokes.org\/?p=183760235"},"modified":"2010-10-28T20:30:35","modified_gmt":"2010-10-28T20:30:35","slug":"i-didnt-see-him","status":"publish","type":"post","link":"https:\/\/wp.baltimorespokes.org\/?p=183760235","title":{"rendered":"I didn\u2019t see him"},"content":{"rendered":"

[B’ Spokes: Another great article by By Bob Mionske. While it focuses on the effectiveness of the bike box in Portland I’m going to pull out the bit about trucks turning right and the police bias in memory of Jack Yates, a Baltimore cyclists killed by a right turning truck that didn’t signal yet was not found at fault because "I didn’t see him."]
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\nThree years ago this month, Portland, Oregon was rocked by a tragic death. On October 11, 2007, after taking a lunch break at her apartment, 19-year-old Tracey Sparling, a student at the Pacific Northwest College of Art, was riding her bike back to campus. A few blocks from the college, she stopped at a red light. She was in the bike lane. To her left, also stopped, was a cement truck. When the light changed, the truck driver, who was unaware that Sparling was in the bike lane next to his truck, turned right, his truck cutting an arc across the bike lane. Sparling was knocked from her bike and killed.
\nPortland\u2019s cyclists were still grieving when, 11 days later, tragedy struck again. On October 22, Brett Jarolimek, a popular local racer and bike shop employee\u2014and a talented artist who had graduated from the same art college Sparling had been attending\u2014was riding downhill in the bike lane when he was passed by a garbage truck. At the bottom of the hill, the truck stopped, preparing to make a right turn. As Jarolimek approached the truck, the driver appeared to be yielding to him, but then, suddenly, the driver made his right turn, too late for Jarolimek to stop. Jarolimek, 31, was killed instantly. The truck driver, whose damaged mirror was held on with a bungee cord, never saw Jarolimek.
\nPortland\u2019s cyclists were shocked by these deaths. But their grief was mixed with outrage at the response of the Portland Police Bureau, which seemed to be bending over backwards to absolve the drivers of any responsibility for these deaths. Yes, both drivers had not seen the cyclists before they turned into them, but under Oregon law, they were required to look before turning\u2014and the police were refusing to issue citations to the drivers. Their reasoning: When the cement truck driver turned into Tracey Sparling, police determined that \u201cthere\u2019s just no way he could have seen her,\u201d because she had been stopped next to his truck, in his blind spot. That explanation didn\u2019t quite address the question on everybody\u2019s minds\u2014\u201cWhy didn\u2019t the driver look before turning?\u201d\u2014but police attempted to address that doubt when they declined to cite the garbage truck driver who turned into Brett Jarolimek. As police explained, \u201c\u2026yielding the right of way, and determining whether a traffic violation has occurred, comes down to a matter of perception. Basically, the driver has to perceive he has to yield the right of way.\u201d However, if they thought that would calm the furor, they were wrong. They were also wrong on the law.
\nThe problem lay in the traffic investigators\u2019 interpretation of the law. In their view, if the driver did not intentionally violate right of way, or just didn\u2019t bother to look, there was no violation. If the driver simply said the magic words \u201cI didn\u2019t see him,\u201d the police would not cite the driver. However, there was no such intent requirement in the law, no such absolution for not bothering to look. If a cyclist (or a motorist) runs a stop sign, and says, \u201cI didn\u2019t see it,\u201d the cyclist can still be ticketed; there is no requirement in the law that the cyclist had to have intended to violate the law. If a motorist (or a cyclist) is speeding, and says, \u201cI didn\u2019t see the speed limit sign,\u201d the motorist can still be ticketed; the police don\u2019t have to prove that the motorist intended to speed. Similarly, a citation for \u201cfailure to yield\u201d does not require proof of an intent to break the law. It is the act, regardless of intent, that is prohibited.
\nBut in the autumn of 2007, Portland police seemed determined to shift the blame away from the drivers involved. And then, almost unbelievably, it happened again\u2014on November 6, another cyclist was right-hooked, at the exact same spot where Jarolimek had been killed just ten days before. The cyclist, Siobhan Doyle, was more fortunate; she survived the crash, although she sustained a broken arm and other serious injuries. And once again, Portland cyclists were outraged by the police response. Police refused to investigate the collision, because Doyle did not suffer trauma-level injuries\u2014and because they refused to investigate, the driver was not cited. The Police claimed they did not have the manpower to investigate collisions resulting in non-trauma-level injuries. But when they refused to investigate the collision that resulted in Doyle\u2019s injuries\u2014despite eyewitness accounts that the motorist had been driving recklessly just prior to colliding with Doyle\u2014they were not saying that policy prohibited them from investigating. Instead, they were just saying that they were choosing not to investigate\u2014even though they were standing right there at the scene.
\n…
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\nhttps:\/\/bicycling.com\/blogs\/roadrights\/2010\/10\/28\/improvements-in-portland\/<\/a>oldId.20101028203035316<\/p>\n","protected":false},"excerpt":{"rendered":"

[B’ Spokes: Another great article by By Bob Mionske. While it focuses on the effectiveness of the bike box in Portland I’m going to pull out the bit about trucks turning right and the police bias in memory of Jack Yates, a Baltimore cyclists killed by a right turning truck that didn’t signal yet was … <\/p>\n

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