For whatever reason, some of the most popular roads for bicycling on here in the Portland region also tend to be near graveyards. There's Riverview Cemetery just west of the Sellwood Bridge and Skyline Memorial Gardens up in the West Hills just to name a few.

Ray Thomas, a local lawyer who rides frequently in these areas, recently had a situation where a group he was riding with happened upon a funeral procession. The experience left him wondering how Oregon law handles the presence of bicycles on the road when a funeral procession rolls by. So, as Thomas often does, he did a bit of research and wrote an article about it. He shared the article with me yesterday. (more...)

Jen Michaelree's bike where it came to rest after the collision.
(Photos © J. Maus/BikePortland)

Lawyers for a woman injured in a right hook collision in September 2010 at the notorious NE Couch/Grand intersection have filed a lawsuit against United Rentals Northwest alleging that one of their drivers was not properly trained.

The suit has been filed by Portland-based Shulman DuBois LLC. According to a statement, they allege that United Rentals was "negligent in their failure to train [driver Drue] Kearsley properly and prevent this accident." The suit seeks over $178,000 for Jill Michaelree, who suffered a broken foot and other injuries after she was struck by the truck while riding through the intersection in the bike lane. (more...)

Problem solved thanks to action by PBOT.
(Photo: Brett McLane)

Last week I shared the story of an armored truck that had repeatedly violated Oregon law by parking in the bike lane on the southbound (downhill) side of N Greeley Ave outside the Adidas USA headquarters. Upon receiving an official complaint from North Portland resident Brett McLane, the Portland Bureau of Transportation (PBOT) took action. I'm happy to report that they've worked out a solution to the problem.

But before I get to the solution, I thought it would be helpful for the community to learn more about how PBOT interprets ORS 811.550 (the law that makes it illegal to park in a bike lane), the steps they took to address the complaint, and their stance on bike lane parking in general.
(more...)

There's a case brewing in Springfield (near Eugene), Oregon that could set a precedent and clarify several legal issues around the operation of electric-assisted bicycles. We broke down much of the legal morass around e-bikes in a post last year, but adding complexity — and confusion — to the issues are cases where the bicycle operator has a suspended or revoked driver's license.

Here's a snip from the Register-Guard, which reported on a case involving Springfield resident and e-bike rider Paul McClain earlier this month: (more...)

A Portland judge has ruled that when
bike lane striping vanishes, like in the
intersection of SE 10th and Hawthorne, so
does a rider's legal protection.

When Portlander Rob Daray witnessed a right-hook collision on his commute home last summer he thought it was obvious who was at fault. So did the police officer who cited the operator of the motor vehicle for "failure to yield to a bicycle." Even the woman driving the car admitted she made an abrupt right turn without checking her blind spots.

But when the case came up in traffic court, the judge came to a different conclusion and now Mr. Daray and others familiar with this are worried that people who ride bicycles are vulnerable -- not just on the street, but in the legal system as well. (more...)

A baby seat in a bakfiets is not
a rare sight in Portland.
(Photos © J. Maus)

A reader contacted us with a dilemma -- she is about to have her first child, she doesn't own a car, and she travels primarily by bike. In preparing for her new life as a parent, she had some questions.

Is it safe to ride with a newborn? Is it legal? Are there important age benchmarks she should know about? She was particularly concerned about the impact of vibration on a child's brain development. (more...)

The law isn't always entirely clear when it comes to bikes on the road -- are you required to be in a bike lane? What if you want to make a left turn? Do you need to put your foot down every time you stop? How would enforcement work if we had an Idaho-style stop sign law?

The University of Oregon is holding a free event next week (7/30), Rules of the Road: Bicyclists' Rights & Responsibilities, to help you learn to navigate these issues and many more.

Here's more from the event flyer: (more...)

Eschweiler in the courtroom today.
(Photos © Elly Blue)

At the Multnomah County Courthouse today, Johnny Eschweiler waived his right to a trial by jury and was found guilty except for insanity on two counts of assault for using his motor vehicle as a weapon in an August, 2007 road rage incident.

Eschweiler was committed to the jurisdiction of the Psychiatric Security Review Board for a maximum of fifteen years. He will be allowed to continue to live in the community under a strict set of conditions, including highly structured psychiatric care, a curfew, and the stipulation that he not in any circumstance operate a motor vehicle.

Judge McShane outlined the conditions clearly, which also included having no contact with victims and at no time possessing any weapons, "including a vehicle. A vehicle is a weapon. You are not to have control of a motor vehicle." (more...)

The block of SE Clinton where
the road rage incident occurred.
(Photo © J. Maus)

Back in 2007, we covered the story of Johnny Eschweiler, the man who intentionally used his car to strike two men on bikes in a road rage incident on SE Clinton Street.

Shortly after the incident, victim Ben Ramsdell told BikePortland that he had tapped on Eschweiler's car window after Eschweiler had nearly run him over, and verbally taken him to task. Ramsdell woke up in an ambulance.

Minutes later, Eschweiler hit another man, Timothy Mastne, who was not involved in the original altercation.

Eschweiler is expected to plead guilty this Friday to several charges, and to receive a penalty, according to Ramsdell's lawyer Mark Ginsberg.

The hearing is on Friday, April 3, at 11:00am in Multnomah County Courthouse Room 608, with Judge McShane presiding. (more...)

A DIY kid seat for a Kona Ute longtail bike. Photo taken in bike racks at Trillium Charter School on N. Interstate Ave.
(Photos © J. Maus)

(more...)