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  #1  
Old 09-18-2008, 10:08 PM
bikerinNE bikerinNE is offline
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Default Another bicyclist hit bye a car... bicyclist is cop!!!

Another bicyclist was hit this morning, while riding home from work. The interesting twist in this is, the bicyclist was riding home after working his shift as a police officer.

The news media reports that a 17 year old woman was driving her car, she stopped at the stop sign, looked left, looked right, then gunned the car to beat another car, slamming into the cyclist. Here is a copy of the report. "Police say Luann Lusk, 17, was pulling out of her Helen Lane neighborhood, stopped at the stop sign, looked left, didn't see anyone, looked right, saw a car coming and gunned it to turn left (northbound) on 15th before the car, slamming right into Hartman's bike."

The story continues to state that the woman was cited for failure to obey a traffic control device... "Police say driver Lusk was at fault and was cited for failing to obey a traffic control device." My question is, the police said she stopped at the stop sign. It's interesting to me that this driver, being that she happened to hit a cop, gets a citation for failing to obey a traffic control device, when the police said she stopped? But a month earlier a woman driving an SUV in Bend turned left into a driveway cutting off a bicyclist resulting in killing him. The driver of the SUV didn't receive a citation for failing to yield to an on coming vehicle. This was just a tragic accident.

So my feeling is if you have the Badge on your side, your protected in everything you do.

Oh the cop will be ok... here is the link to the whole story...

http://www.ktvz.com/global/story.asp?s=9036996

Last edited by bikerinNE; 09-18-2008 at 10:14 PM.
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  #2  
Old 09-18-2008, 11:40 PM
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wsbob wsbob is offline
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There may be something wrong with how this story was written/reported, by KTVZ:

Included in the story is this statement:

"Patrol Officer Mike Hartman, 53, was bicycling home early Thursday morning after a 12-hour shift on duty, when a car pulled out in front of him." KTVZ

followed later in the story by this one:

"Police say Luann Lusk, 17, was pulling out of her Helen Lane neighborhood, stopped at the stop sign, looked left, didn't see anyone, looked right, saw a car coming and gunned it to turn left (northbound) on 15th before the car, slamming right into Hartman's bike." KTVZ

Wonder what else KTVZ missed in reporting this story.

Reading the story, it's fairly obvious that the driver ran into the bike cop:

" "The bike was still standing upright, held up by the license plate of the vehicle," Lt. Ken Stenkamp told NewsChannel 21." KTVZ

Luck cop. Very lucky cop. Didn't get run over...just got hit. Still bad enough though.

"Police say driver Lusk was at fault and was cited for failing to obey a traffic control device." KTVZ

Someone that knows traffic ordinances might be able to answer the question of why the police cited her with that violation. The story doesn't mention if the lane the officer was traveling in had a stop sign, but chances are good that it didn't. The driver probably was looking for cars at "...around 6:15 in the morning.", not thinking that a bike might be in the bike lane at that time of the morning. Little bit of a 'Lance Waddy' action going on here maybe?
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Old 09-19-2008, 09:49 AM
wrinkles wrinkles is offline
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Thumbs down led astray

Because this is a Portland Bike Forum, I generally assume that an incident reported here refers to the Portland metro area, unless stated otherwise. As it happens, this accident occurred in Bend, Oregon. The fact that it was posted by bikerinNE further suggested that we were talking about Portland. (Maybe s/he lives in NE Bend?)
Not to downplay the accident or any injuries incurred, but what is the point of this post other than to argue in a way that I don't comprehend that cops exert some sort of special privilege in such cases?
Does bikerinNE do a daily Google of 'bike hit'? 'cop cyclist hit'?', 'driver cited?', 'driver not cited', 'bicyclist cited''? Why? I don't really see the relevance of any of this unless it points to some local, dangerous trend that we might be able to address and correct.
I'm not a cop, just a bicycler who likes to stay informed about LOCAL issues.
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  #4  
Old 09-19-2008, 09:53 AM
flying_dutchman flying_dutchman is offline
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Please be patient with people who have a larger definition of local. I am one of those people, and all of Oregon (and SW Washington) is my hood.
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Old 09-19-2008, 10:07 AM
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Attornatus_Oregonensis Attornatus_Oregonensis is offline
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Hard to believe you cannot see the relevance of what happens in Bend to what happens here. It's blindingly obvious, but I'll just point out that the same traffic laws govern, so what happens there is legally relevant to what happens here.

There was a link posted and obviously you clicked on it. It told you the location ws Bend, so to say you were "lead astray" is a bit of a stretch.

And so what if the point is to show that police officers as bicyclists are treated differently by other police than citizens are? That's relevant wherever it happens. And it's especially relevant if it's in Oregon.

And, there have been numerous stories, themes, and discussions here that are not strictly about Portland. Why haven't you complained about any of them?
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Old 09-19-2008, 10:10 AM
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wsbob wsbob is offline
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wrinkles, one other possibility why Bend news would be of interest to people living in Portland, is that quite a few Portland residents go to Bend for the weekend, or have second homes down there. Bend is, or has been a kind of boom town that's run smack into some of the problems between different modes of transportation using the road that big cities have found themselves facing.

I think though that if bikerinNE edited his post so that it said right up front that the incident took place in Bend, Oregon, that would save some confusion for other people like yourself.
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  #7  
Old 09-19-2008, 10:18 AM
wrinkles wrinkles is offline
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Default just say it up front

My major issue was that bikerinNE didn't state at the beginning that the incident happened in Bend. A good example of a more reader-friendly message is K'tesh's about Hawaii, where he puts the locale in the message title. I can then choose whether I want to spend my time reading it.
I have no problem whatsoever with those in the greater NW area keeping in touch through this forum. In fact, this is healthy for us all. It's just helpful to get a geographical context when they opine here.
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  #8  
Old 09-19-2008, 11:22 AM
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Haven_kd7yct Haven_kd7yct is offline
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""Police say driver Lusk was at fault and was cited for failing to obey a traffic control device." KTVZ"

Basically, she looked left, looked right, and went for it... without looking left again, per the rules of the road, to make sure her path was clear.

So, yeah, she failed to obey a traffic control device. A stop sign doesn't mean you stop and then go, without looking around... it means you STOP, LOOK, and if it's clear, you go. IF IT'S CLEAR.

And yeah, "local" to me means Oregon and SW Washington. The same rules of the road apply in Bend as here, and I know a bunch of people in Bend, some of them even ride.

Now, if this story occurred in, say, New Mexico, then yeah, it should be specified.
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  #9  
Old 09-19-2008, 12:36 PM
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djasonpenney djasonpenney is offline
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Angry What's Local?

I know that Jonathan's primary focus is on the City of Portland, and he's expressed concern to a number of my friends that he worries about losing that focus if he includes Washington County

That being said, I think you can see from the people who occupy these forums that there is a strong following from the four-county Metro area who regard Portland as "our" town, even if we tend to spend time on the outskirts. I see frequent contributions from people in Tigard, Beaverton, Forest Grove, Hillsboro, Tualatin, Gresham, and even the eastern outreaches of Vancouver.

So, I'm kind of on the fence about the Bend incident. I agree that that since the incident was not in the Portland Metropolitan Area that it would have been better, editorially, if the venue had been stated clearly up front.

On the other hand, after reading Bob Mionske's book, I have a renewed appreciation that, legally, what happens in Bend has a significant effect on the entire state, including the Portland Metropolitan Area. Thus, I concur that it is of some interest.

Speaking of which, is the message we should get from this event that you shouldn't ride your bicycle in the state of Oregon unless you are a law enforcement officer? I want the same freedom to injure motorists when I am driving that I evidently have to assail cyclists.
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ORS 811.065 (1)(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....

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  #10  
Old 09-19-2008, 01:04 PM
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Default hmmmm...

I would sure love to see the article that would have been written if the cyclist wasn't a police officer.

We all know that the speed of the cyclist, whether the cyclist was searing brightly colored clothes, etc. ad nauseum would be scrutinized in minute detail and the driver, who after all had stopped at the stop sign, would be merely an afterthought. And more importantly, the driver would not have been cited. The police would have just shrugged and said it was an unfortunate accident.

Sorry to sound so pessimistic, but if I hadn't read so many articles about this same situation that didn't result in a citation for the driver then I wouldn't be so sure that this is a clear example of a double standard.

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