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More info on yesterday’s collision at SE Ankeny and 16th

Posted by on February 10th, 2012 at 2:09 pm

Yesterday morning I got two reports from readers about a bike/car collision at the intersection of SE 16th and Ankeny. I usually don’t post about every bike-involved collision I hear about; but since two people emailed and it’s on a busy bike street, I figured this one was worth sharing.

Reader Marsha H. wrote in, looking for more information about what happened:

“I went by on my morning commute and saw a young woman on a bike on the ground not moving much, a small but growing crowd of concerned cyclists, and the driver in the collision calling 911.”

View of SE Ankeny looking north from 16th.

A reader named Heather also saw the collision and wrote in to share that, “It was bad enough that EMTs were attending the cyclist (but she was moving her feet – good).” The collision exacerbated Heather’s concerns that there is more traffic crossing SE Ankeny — one of the City’s oldest bike boulevards — since the completion of the Burnside-Couch couplet. “I see cars blowing stop signs as they cross and racing down the street regularly,” she wrote, “and by my unscientific analysis, it’s gotten significantly worse during and since Burnside construction.”

(For more on how the Burnside-Couch project has impacted bicycle traffic, see the comments to our post from April 2010: How are Burnside-Couch changes treating you?)

I asked Sgt. Peter Simpson of the Portland Police Bureau to track some information about the collision. Sgt. Simpson says that at about 7:15 am, the woman driving the car, 43-year-old Christine Ebright, was headed northbound on 16th, stopped at the stop sign. When she proceeded through the stop sign, “she heard a large ‘bang’ and realized she’d been struck by a person on a bike.” (Note: Ankeny has no stop signs at that location)

Ms. Ebright told police that she didn’t see the bicycle rider coming.

Sgt. Simpson reports that person on the bike was 23-year-old Erin Winn. She was transported to a hospital via ambulance for evaluation; but had no trauma-level injuries. There was no citation issued in the case.

— Remember, our 24-hour tipline, (503) 706-8804, is always available to report collisions (texts are OK too!).

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Chad Berkley
Guest

Once again, “I didn’t see the cyclist” = no citation. That really needs to stop happening.

A-Dub
Guest
A-Dub

I didn’t see=I didn’t look=I didn’t perform my duties as a driver=citation. Period. Seems simple enough.

Also, as Maus has pointed out in the past, the police often only get to hear the perspective of the driver of the car especially in serious collisions because the person on the bike is often on their way to the hospital.

peejay
Guest
peejay

Will somebody please hold the police accountable for their gross misunderstanding of the law?

Nah, I didn’t think so.

jeff
Guest
jeff

let me get this straight..if she was crossing Ankeny and Ankeny has no stop sign, the driver would seem to be clearly at fault, am I right?
a citation may be on its way.

Jonathan Maus (Publisher/Editor)
Guest

It’s worth noting that Sgt. Simpson did point out to me that, “Driver’s insurance information provided to the bicycle rider.” I take that to mean that the ppb were satisfied that the woman on the bike would be taken care of, at least in terms of her injuries and damages.

In cases like this, I think that the PPB feel that since the insurance will sort out fault, they would rather not issue a citation that could then potentially be challenged in court – thus making them spend resources appearing in court.

the ppb might think they don’t have a strong enough case for “failure to yield.” FWIW, in my mind, this story really isn’t about the citation issue… it was more to share news about the collision.

Ted Buehler
Guest

Just a reminder —

If you see cars “blowing” stop signs or other unsafe driving/riding, the city requests that you report it to them. Call or email it in, and ask them to make it safer. Give them as many specifics as possible, such as “On Ankeny between SE 12th and SE 30th, many cars blow stop signs between 7:00 am and 8:00 am”

See http://www.portlandonline.com/transportation/index.cfm?c=47144&a=319727

“In Portland city limits, contact the Bureau of Transportation for help with street maintenance and traffic safety issues on City-maintained streets.”

“503-823-SAFE (7233)
report a traffic safety issue”
(or email safe@portlandoregon.gov)

If they don’t know about it, they’re not going to fix it. If they get a lot of reports of unsafe behavior, they’re much more likely to act on it.

Ted Buehler

ambrown
Guest

and 16th is technically a bike boulevard too, isn’t it?

kgb
Guest
kgb

What if the insurance company uses the presence of police and lack of a citation being issued to argue the driver may not have been at fault?

JP
Guest
JP

I was hit last year in Milwaukie – and that driver got a nice $400 ticket…it didnt hurt a state tropper was right behind him when he hit me – but still…

BURR
Guest
BURR

If the motorist didn’t wait at the stop sign for the cyclist, and pulled out in front of the cyclist, she should have been issued a citation.

“I didn’t see the cyclist” is not a get-out-of-jail-free card, it is an admission of guilt.

Joe
Guest
Joe

Get Well Soon! be safe all.

Nat West
Guest
Nat West

+1 for everyone’s comments about no citation issues. JMaus, it seems that we just see too many of these collisions and I personally am tired of hearing that the driver got off w/o a ticket. Geez you can get a ticket for doing a zillion other less-lethal things but running into a biker seems to be to be lethal-enough.

sswannab
Guest
sswannab

I had a similar incident Thursday as well riding to work Eastbound on Ankeny at 8:30am. Truck was stopped at stop sign, made eye contact (I had flashers on even…) and gunned it once I was in front of him and was brushed by the bumper barely eeking by. Only thing that saved me was my cross skills and driver pulled over to apologize but wth?…

Drivers are cutting north/south there more and more and feels like I’m part of a sick video game, stay safe out there!

beelnite
Guest
beelnite

Many drivers will turn Right at Ankeny off SE 12th in order avoid the malfunction junction. They then head East on Ankeny and turn an immediate Left (SE 13th, I think) to reach Burnside to turn Right and head East.

Whenever drivers “work it” or attempt a maneuver to circumvent traffic or a nearby main road it seems to increase the risk of collision with other vehicles, in this case, many cyclists.

I suspect many of these side street collisions and near misses can be traced to a choice made by the driver before they even get in the car. That choice is to “navigate through traffic” in a creative way by seeking side streets and alternate routes.

Working it. Showing skill as a navigator and “saving time.” It’s a powerful feeling.

Yes. “I didn’t see them” is a clear admission of guilt. I think what people are asking is for more immediate enforcement and recognition of that from our PPD. But perhaps a good lawyer can make that case after the fact. In that sense, the officer’s did their job. No one is in immediate danger and it’s on record what the driver said. Let the judge sort it out.

eljefe
Guest
eljefe

Somebody broke the law here, but it may not have been the driver or cyclist. Ankeny almost always has vehicles illegally parked in the crosswalks, blocking lines of sight for cross-traffic. Also, if a vehicle is over 6 feet tall or isn’t see through, it may not be parked within 50′ of an intersection. The liability may lie there.

Adam
Guest
Adam

SE Ankeny between SE 20th & MLK/Grand serves as little more than two extra lanes of auto capacity for Burnside Couch.

The amount of car traffic on Ankeny has SKYROCKETED since the couplet was constructed.

A diverter is needed at SE 12th on Ankeny, and soon.

I am not surprised at ALL that a cyclist was hit at this intersection by a motorist.

MossHops
Guest

One of the most disturbing aspects of this to me is Jonathan’s follow up comment that PPB tends to avoid issuing citations to let insurance sort it out.

In cases like this, PPB is committing a sin of omission. They are choosing to NOT do something that they OUGHT to do. The driver was in the wrong, PPB knows that the driver is in the wrong, but did nothing about it.

This inaction sends a very poor message to the public at large (per the PPB’s action, not see cyclists who are obeying the law and then colliding with them isn’t even a ticket-able offense) and by the PPB not issuing a citation it can put the cyclist at a distinct disadvantage if this ever goes to court.

It’s not the PPB’s job to serve as an innocent bystander, but rather it is their responsibility to protect and serve the people of Portland though upholding the rule of law. Furthermore, their failure to act is not a “neutral” action, it is an action that does exceptional disservice to the cyclist in the collision and the bicycling community at large.

Minister
Guest
Minister

So, no documented injuries by bicyclists against pedestrians at Ladd’s circle and tickets issued!!! A documented injury requiring ambulance for injured cyclist and no ticket!!! hmmmm

~n
Guest

Does anyone know what happened and whether the cyclist hit at NE 60th on the I-84 overpass around 9PM this Wednesday (Feb 8th) is alright? Was going by as ambulance & fire trucks were arriving.

Ian Stude
Guest
Ian Stude

I agree that PPB not issuing citations in cases like this is a problem. Maybe as advocates we should start by asking PPB to at least issue citations in cases like these when they occur on a designated bikeway. This might be easier to implement than an across the board change to traffic enforcement, and it would set up a higher threshold of responsibility for these vulnerable-user corridors.

BURR
Guest
BURR

If you’re paying attention at all, this is a prime example of why neighborhood greenways are not necessarily safer cycling environments than arterial streets.

Cyclists are typically a lot safer crossing at signal-controlled intersections on arterial streets, as long as they use proper lane position (e.g. staying out of the right-hook bike lane); rather than at stop sign controlled intersections where there is moderate to heavy cross traffic.

jonno
Guest
jonno

I used to commute down Ankeny and 16th was often a place where drivers would roll the stop sign or otherwise fail to yield. I’ve learned a couple of defensive techniques over the years that might help save a future unfortunate person on a bike some pain and suffering.

Whenever I see a driver come up to an intersection on a possible intercept course regardless of who has the ROW, if I can’t make eye contact with the driver I will often slow, stop or prepare to evade unless it’s clear they’re yielding the ROW. It’s a PITA to lose momentum but this definitely saved my bacon on numerous occasions. Another thing to watch is the car’s front wheel — watch it carefully and if it starts to rotate from a stop, look out! It’s much quicker to spot motion at the wheel as opposed to observing the car as a whole. This, too, has spared me from crashes while riding both bicycles and motorcycles.

Maybe that makes sense?

This is not to blame the victim, of course. Hope everything works out for her.

Thomas
Guest
Thomas

The time of day isn’t mentioned in the article, but I run across many of my fellow bicyclists with little or no lighting, making it very hard to see them. I ride with two 300+ lumen front lights, the strongest rear flasher that I can find, and front & rear mini-flashers on my helmet (so that cars on side streets have a hope of seeing me over parked cars.) It’s darn dark out there in the AM & PM and too many of us bicycle riders seem to expect cars to see us in dark clothes with no lights. A single cheap flasher on the front & rear are simply not enough to be seen.

I don’t know if this was the situation in this accident – but we should give the motorist the benefit of the doubt without the details provided. Also, we on bicycles have to ride defensively, this is taught to motorcycle riders in their training classes – yet since we have no training classes to ride our bicycles, this simple fact of being aware of dangers and responding to them proactively seems to be lost on many a cyclist. I learned my lesson long ago with a short flight over a car and an extended recuperation for fractured vertebrae – be careful out there folks…

dwainedibbly
Guest
dwainedibbly

Agree that there should have been a ticket issued. Maybe PBOT should paint “STOP HERE FOR BIKES” on the pavement. (Yes, I know that the driver did stop and that it’s the starting up again that was the problem, but the other story has me somewhat ticked off.)

I’m glad Erin is ok.

random_rider
Guest
random_rider

Is there confirmation from witnesses that the Ms. Ebright stopped at the stop sign or is that statement from Sgt. Simpson based solely on what she told him? I wonder if Ms. Winn was interviewed and verified that account. I’m not claiming otherwise, just asking questions that I think are quite relevant in this instance. I know of more than one incident where a bicyclist was hit and never asked for their side of the story since they were being transported to the hospital while the police “investigation” relied entirely on what the motor vehicle driver told them.

And even if Ms. Ebright came to a complete stop, it shouldn’t matter. Let’s say I go to a playground and start swinging a baseball bat around, accidentally hitting someone. Do you think the police would be ok and let me go if I tell them that I looked around first and didn’t see anyone?

I encourage everyone who agrees that this is simply not acceptable to not simply post to this blog but actually take a moment to contact the City by either e-mail or phone. The contact info for the Police Bureau, Bureau of Transportation and the Mayor’s Office’s are all easily found on http://www.portlandonline.com

John Lascurettes
Guest

So a few comments about this particular situation:

It’s possible to do a citizen’s citation. Since she admitted guilt “I didn’t see the cyclist” ON RECORD when the cyclist had right of way, I don’t think it would be that hard to get pulled off. It is a PITA as far as process goes, but it could be done. Look up any number of articles about it on this site or on Ray Thomas’s site.

The cyclist should definitely make a PIP claim and her insurance will then contact the driver’s insurance and THEY will duke it out. Put the professionals working for you in charge! I speak from experience. My PIP covered my chiropractic appointments for my injury and then said they found me less at fault and would be attempting to reclaim the costs from the insured driver (a judge by the way) but that I would have to do nothing from that point.

This is just two blocks from Buckman Elementary. Granted this was well outside of the school hours (first bell isn’t for another 1.5 hours) but there could have easily been kids on foot or on bikes there (mine included). The PPD should definitely be a little extra caring about that fact.

PoPo
Guest
PoPo

We ask officers to make on-the-spot judgements every day. We may not always agree with them, and heaven knows that being human beings, sometimes they really flub calls.

It is important, however, before we judge their judgements, to understand all of the factors they may have been considering at a particular place and time.

Included in their judgement were probably issues of resources, demeanor/wishes of the involved parties, prior driving history, statements, evidence, availability of witnesses, severity of injuries, apparent recklessness of behavior, etc.

It could be that if we fourth-hand receivers had all the information, we would still judge this a bad call. Or not.

It is certain, however, that if officers issued citations at every crash that occurs every day in Portland, they would have time for little else.

A citation is a form of consequence for poor sharing of the road, but not the only form of consequence. An officer not issuing a citation does not absolve an operator of fault.

Here’s a good video that describes some of the things officers think about when they make citation decisions:

http://bikeportland.org/2009/10/07/portland-police-release-new-bicycle-traffic-enforcement-training-video-24349

It is directed mostly toward decisions of citations for bicycle infractions, however I think some of the stuff carries over to enforcement/citation decisions for all modes.

AlphaMonk
Guest
AlphaMonk

Please do not submit false reports of drunk drivers every time you see a driver make a slip. As it is, they sometimes don’t follow up on legitimate reports, which pose immediate, life-threatening danger to peds, bikers, motorists and themselves.

Ted Buehler
Guest

So, if we want to submit a request to the city that they issue a citation in circumstances like this, who do we call? Sam Adams, commissioner responsible for Portland Police?
Samadams@portlandoregon.gov
& cc it to the Chief of Police?
http://www.portlandonline.com/police/index.cfm?c=30539 (online form to contact Reese on this page)

Is there a case number we can reference? If we don’t have it, we can just write the time, date and names of people involved, and they’ll be able to find it.

& we can cite the Oregon Bicycle and Pedestrian Plan of 1995 and the Portland 2030 Bike Plan of 2010 in asking the city to follow their own policies on enforcing traffic infractions:

************

2030 Bike Plan, p. 108, 4.2.D

“Implement enforcement practices that contribute to the safety and attractiveness of bicycling”

” Develop an enforcement hierarchy for
bicycle safety and enforcement strategies
to communicate priorities clearly. In
particular, the Portland Police Bureau
should:
“o Prioritize enforcement toward
motorists, bicyclists and pedestrians
based on available data that documents
the correlation of specifi c travel
behaviors to potential injury and
livability concerns

http://www.portlandonline.com/transportation/index.cfm?c=44597&a=289122

******************

1995 Bike Plan, p. 189, sec IV.1.C, Bicycle Safety; Enforcement.

C. ENFORCEMENT SOLUTIONS
Law enforcement is a necessary component of
bicycle safety. Stricter enforcement can limit
both intentional and unintentional infractions.
As with any law, lack of enforcement leads to a
general disregard of the law. Local police
officers should be willing to enforce the motor
vehicle code with bicyclists and motorists.

http://www.oregon.gov/ODOT/HWY/BIKEPED/planproc.shtml

*************

This would be a good start to getting improved enforcement of stop signs on Ankeny.

Comments, additions?

Ted Buehler

K'Tesh
Guest
K'Tesh

I wonder if the cyclist is aware of the possibility of issuing a Citizen’s Initiated Citation?

http://www.stc-law.com/pdf/ActionPamphlet.pdf

When I was stuck by a motorist who didn’t get a citation, I began the process. Upon that, the officer decided to go ahead and issue a citation to the driver. I went to court, and the ticket was upheld. Failure to Yield to a Cyclist in a Bike Lane.

mh
Guest
mh

Just out of curiosity, how many of you have had (multiple? countless?) experiences of drivers stopping at stop signs, looking (for something at least as big as their vehicle), and then proceeding (towards you)? I scream often, but I suspect they truly are practicing “defensive driving.” They notice anything they think will hurt them, and not much more.

hazel
Guest
hazel

I work on Ankeny and I see cars speeding up and down it to avoid Burnside and Couch in alarming numbers. At least once a day I encountera driver who doesn’t stop at a stop sign at a cross street. I think there really needs to be a speeding enforcement done by the police. I don’t like that this street feels incredibly uunsafe when it was once one of the nicest streets to cycle on.

q`Tzal
Guest
q`Tzal

I’m starting to think we need to treat scofflaw drivers like police tell us to deal with dangerous dogs:
call in and file MULTIPLE reports of dangerous behavior.

Without that official history “bag dog” behavior it is difficult to confiscate an aggressive attack dog wandering a neighborhood.
Similarly we find it difficult to convince a police officer that a sweet looking soccer mom could possibly be to blame.
Even if we can’t get these inept drivers punished appropriately if we can get the FULL HISTORY of their dangerous driving on the screen of responding officer it might make a difference when it matters.

At the very least a long history of disobeying simple traffic law will reflect poorly when a driver’s auto insurance policy comes up.

Tom
Guest
Tom

In the ten years since I started commuting on Ankeny, the couplet has changed the traffic pattern. Cars use Ankeny as a faster route to Sandy/7th or other points south. Speed and failure to stop have made the street more dangerous for cyclist.

Jolly Dodger
Guest

Didn’t see the biker? WTF..? Was the biker travelling faster than the speed of light? NO. Was the biker hiding behind an elephant? Doubt it…but on the local news; i’ve noticed lately; whenever a biker is involved in an auto accident, if a ticket is written to the cyclist, they go out of their way to let the public know about it. Having officers who will write the citations, then let the judge decide who was at fault seems to be the correct response. Deciding/judging on the site of the accident without an option to defend this in a peer reviewed court of law seems to go against legal regulations….wouldn’t ask an officer at a murder scene to assume all roles (judge, jury…) and let everyone else who could be possibly be at fault go free. I’ve been nudged, tapped, squeezed and hit. Unless their is injury they tell bikers to just exchange info with the driver and let the system take care. I’ve actually had better luck just asking the driver for $ to cover bike damage, licking my wounds and moving on. Drivers don’t seem to care, their insurance companies treat us like children and the popo tend to ignore until a maiming or death occurs…then it’s really about making themselves look less culpable.

Collin Winn
Guest
Collin Winn

Hey yall,

I’m writing as the older brother of Erin Winn, the cyclist who was unfortunately injured in this incident. First and foremost, my family and I (and the patrons of this blog) are obviously all elated to know that Erin did not suffer critical injuries. She was diagnosed with a concussion and is bruised, swollen and mentally traumatized. She will make a full recovery.

My two younger siblings and I are all Portland residents and bicycle commuters. After Erin’s recent incident, the three of us have now all been hit by cars on various occasions, with the majority of them being the motorists’ fault. To say the least, our mother is quite concerned.

I must say that I am overwhelmed by the response to my kid sister’s accident, and I’m grateful for it. Please let us all be reminded how privileged we are to live in a city/cycling community that is forward-thinking and progressive enough to be active and vocal concerning these issues. This simply doesn’t exist most places elsewhere.

That being said, I don’t think we, as the cycling community, have much to gain to automatically “hate” on the PPB and/or drivers at fault in these incidents. We are better served by showing, at least, a bear minimum of empathy for all parties involved. The driver, as far as I’ve been told, has been a stand up citizen throughout the ordeal. She made a very human mistake and, per usual, is more distraught than any party involved. She is playing by the rules, thus far.

I don’t know how beneficial it would be, in the big picture, for someone like her to be cited for recklessness. Would she be cited, what good would come of it? Would drivers in the future be “that” much more careful when crossing an intersection after coming to a complete stop? None of us doubt that the driver could have been “more” careful, but she did not, by any means, blow a stop sign.

It is important for these blogs and threads to exist, and for the public reporting of these incidents to occur, for it is the public announcements and outcries that will raise more consciousness, not citations given to those who were not blatantly reckless.

My poor, dear sister had just bought her first bicycle and had only just begun getting comfortable as a daily commuter. She has all the proper gear, my brother and I made sure of it. Just days prior she had expressed to us how much she loves her new city, bike, job and bike commute. Obviously, this accident was a real buzz-kill for her.

Her helmet was shattered in three separate places, which would have surely been her skull had she not been wearing it. Gear up!

I appreciate the dialog and concern for her from the community, and I encourage civil discourse on these matters, which take into consideration the reality of these unfortunate situations that often occur in our random and hectic world.

Cheers and safe riding,
Collin Winn

jim
Guest
jim

It looks in the picture that the stop sign is about 20 ft back from the corner which makes you wonder just where the car stopped at?

Shelley
Guest
Shelley

I am constantly frustrated when I hear about motorists not being cited when they hit a cyclist but the comment about the driver giving the cyclist insurance information seems really important.

I witnessed a car-car altercation where on car ran a red light. That motorist took full responsiblity for having messed up and admitted to the officer that he was at fault. The officer didn’t write a citation. When asked why, the answer was the “at fault” driver was taking responsiblity so didn’t need the additional burden of the ticket to reinforce the error of his actions.

If I hit a cyclist or caused one to hit me, no citation would ever make me feel any worse or more responsible than my own conscience. I never want to see a driver get away with injuring a cyclist without consequences but maybe there are times when the driver pays emotional consequences that the officer recognises and that we don’t realize since we weren’t there to see what was actually happening on the ground.

pdxrunner
Guest
pdxrunner

I would be interested in hearing from one of. The Bike lawyers, whether the lack of citation would impact an insurance settlement even when the motorist accepts responsibility at the scene of the collision.

Pat Franz
Guest

I’m glad that it looks like Erin is going to be OK and that the driver is being responsible.

On the issue of citations or not, don’t even begin to think that turning things over to an insurance company will result in anything approaching justice or fairness. They are not in the justice or fairness business.

Insurance companies are in the paying out as little as possible business- period. Whatever it takes to minimize their costs, that’s what they’ll do. They have their own rules of the road, and they are designed solely so insurance companies can settle things as easily and cheaply as possible.

Their rules bear some vague resemblance to the rules of the road we all understand, but they are different in very important ways that are not necessarily fair to the parties involved. Remember, it’s always about minimizing expenses in the long run. The settlement rules often do not care about lots of facts that may be important to you. Fairness is not the issue. Cost control is the issue. Sometimes that intersects with fairness, but only because all the other alternatives would cost more.

Casting unprepared, injured people to mercy of insurance companies is expedient- and cruel. It’s no substitute for justice, if that’s what you’re after. If justice is what you want, you’ll have to get it elsewhere. A citation would be a good place to start.

craig harlow
Guest
craig harlow

Nearly the same scenario happened with me this morning (though no collision), as happens at least weekly during my twice-daily 4-mile round trip ride along Klickitat and Alameda to deliver and pick up my son from day care.

This morning, I was westbound on Klickitat, approaching the intersection with 32nd Pl, and a pickup northbound on 32nd stopped at their stop sign. Their stopping gave me confidence to proceed toward the intersection, when the pickup then accelerated from the stop, and I nearly t-boned them. I was able to brake and avoid the crash by about five feet.

I was less lucky two years ago in precisely the same situation at Klickitat and NE 22nd, when the car rammed my bike from the side. The bike was totaled, and I was unhurt.

mh
Guest
mh

They stopped, they felt like they’d done what they needed to do, they went. We don’t register on many drivers’ consciousness.

AlphaMonk
Guest
AlphaMonk

You can do whatever you like. Threatening people is a serious crime that I don’t believe needs embellishment to get a response from 911.

my point is that if everyone reports every driver they think is out of line as a duii, police will follow up even less on legitimate duii reports.

AlphaMonk
Guest
AlphaMonk

Hmm. My reply got detached.