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Collision Chronicles: Hit while walking bike at NE 47th and Broadway

Posted by on October 10th, 2016 at 11:08 am

This happened Friday, September 9th to reader L.W.:

Last Friday I was riding to a medical appointment and had dismounted my bike at Northeast 47th and Broadway waiting for the cross traffic to clear. Entered the intersection on the foot walking my bike when an oncoming van/truck with left turn indicator on entered the intersection and hit me.

Thank goodness I was on foot and I was able to jump back although was still injured. The driver would not have stopped except I dropped my bike and ran after him to get information to follow up. He was yelling at me because I was not “in a marked crosswalk” and I cited him the Oregon law as he had California plates and didn’t think I had the right-of-way on foot.

Not sure what is going on here but the traffic/bicyclists/pedestrian issue has really come to a head…

I just got the release from my medical practitioner so I will be submitting on my out-of-pocket costs to the company and hopefully they will compensate me so I don’t have to take them to court.

I’m not asking for pain and suffering or lost work time – just my medical expenses and bike repair. Probably should but it’s more hassle than it’s worth.

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qEric LeifsdadKtaylorB. Carfreesoren Recent comment authors
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J.C.
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J.C.

It really has come to a head and it’s sad to see this happen to someone who has made as much contribution to safe streets as this anonymous letter writer has.

Spiffy
Subscriber

“Entered the intersection on the foot walking my bike when an oncoming van/truck with left turn indicator on entered the intersection and hit me.”

this type of unclear description isn’t helping this new category of stories…

where were you crossing? where was the van coming from and going to? how far away was it when you started crossing?

reading this I could easily say you stepped right out in front of the van without allowing them room to stop… I assume that’s not what happened, but I wouldn’t know from reading this article…

soren
Guest

““in a marked crosswalk” and I cited him the Oregon law as he had California plates and didn’t think I had the right-of-way on foot.”

Pedestrians who are crossing in a safe manner always have the right of way at unmarked locations in CA. Jaywalking is a legal right in CA.

B. Carfree
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B. Carfree

California has the same law as Oregon regarding crosswalks. Every intersection not marked with a “crosswalk closed” sign is a crosswalk.

Oddly, there is one quirky difference between the two states that is relevant here. In Oregon, a motorist need not take action to avoid a collision if s/he has the right of way. In California, one has a legal requirement to avoid collisions if possible. So, he was actually behaving like an Oregonian who believed he had the right of way.

About three years ago I read a story of a motorist in Eugene who fatally struck a cyclist because he thought he had the right of way and he knew he wasn’t required to avoid the collision. In this case, he was incorrect about the right of way, but obviously that didn’t help his victim.

Ktaylor
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Ktaylor

Oh my god – that is horrifying!! Why is that legal?

q
Guest
q

“In Oregon, a motorist need not take action to avoid a collision if s/he has the right of way.”???

That doesn’t sound like it could be true. I can’t believe there’s not some sort of overriding law that requires people to attempt to avoid collisions regardless of who has the r.o.w.

Your Eugene example is scary–just the idea that someone would feel free to hit someone else because they thought it was not illegal.

Eric Leifsdad
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Eric Leifsdad

Everyone has the duty to exercise due care. http://www.oregonlaws.org/ors/811.005

q
Guest
q

Thanks, Eric. That’s the overriding rule I figured must be somewhere in the law. Bad as laws can be sometimes, if someone says that the law supports a truly bizarre position (like that you don’t have to try to avoid a collision if you have the right of way) they’re usually not understanding the law.