“When he slowed the video down, Hank was shocked to see that the vehicle’s passenger held a knife in his outstretched hand.”

Hank Bosak had front and rear cameras on his bike when he was assaulted with a knife by a passing car user.
(Photos: Thomas, Coon, Newton & Frost)

This post by lawyers Chris Thomas and Ray Thomas is part of a paid promotional partnership with Thomas, Coon, Newton & Frost.

Sometimes video evidence is essential to holding dangerous road users accountable. The case of our client Hank Bosak illustrates this well. [Read more…]

A crossbike at Tillamook and NE 15th.
(Photo: Swanson, Thomas, Coon & Newton)

This post is part of our Get Legal series made possible by Swanson, Thomas, Coon & Newton.

When we first reported on crossbikes in August, concerns about them began almost immediately. While some people were happy to see the increased visibility for bicycling traffic at crossings via the big green stripes, others said the treatment creates confusion.

Now Ray Thomas, the Portland lawyer who literally wrote the book on Oregon bike law, is adding his voice to the chorus of concerns.

Before we get into his critique, let’s review what crossbikes are and what problem they aim to solve. [Read more…]

(Photo © J. Maus/BikePortland)

This guest article was written by Cynthia Newton as part of our ongoing paid partnership with Portland law firm Swanson, Thomas, Coon & Newton.

Senate Bill 411, passed by Oregon’s legislature in 2015, will help Oregonians injured in vehicular collisions by expanding benefits under two sections of their automobile policies: Personal Injury Protection (PIP) and Underinsured Motorist (UIM) coverage. The law goes into effect on January 1, 2016, and applies to policies issued or renewed on or after that date. In this article I’ll share more information about those two types of insurance, how the new law impacts them, and why this is important for people who drive, walk or bike.
[Read more…]

Take ’em to court.
(Photo J. Maus/BikePortland)

It’s been over nine years now since we first shared the concept of “citizen initiated citations” here on BikePortland. At that time it was a little-known statute. Today, people are a bit more aware of it; but it’s still not a process that many people have gone through.

Unfortunately however, it’s still needed. As the number of people who operate vehicles illegally shows no signs of letting up and enforcement resources remain abysmal, it’s often the only option for justice. With an unusually high number of collisions and other incidents reported lately, we’ve decided to publish this article from Ray Thomas, the Portland-based lawyer and expert on bicycling issues who’s been at the forefront of citizen prosecution for nearly a decade.

(Note: Thomas uses “drivers” in his article, but his advice can be used by any road user regardless of how they get around.) — Jonathan Maus

Citizen Prosecution of Dangerous Drivers: How You Can Do It for Yourself[Read more…]

Knowing how to legally pass on the
right can help you get to your destination
faster and help you breathe easier.
(Photo by J. Maus/BikePortland)

Today’s article will try to clear up confusion about how and when you are legally permitted to pass another vehicle operator on the right side of the roadway.

While Oregon law did not specifically authorize passing on the right before 2006, the law was clarified that year to follow the great majority of other states (and the Uniform Vehicle Code) in specifically allowing bicycle riders to pass other vehicles on the right when it can be done safely.

Bicycle riders complained for many years about the pre-2006 Oregon law that appeared to prohibit passing on the right when road users were sharing the same lane. In 2005, the Oregon legislature (thanks to lobbying by the Bicycle Transportation Alliance) voted to change the law so that passing on the right would be allowed “if the overtaking vehicle is a bicycle that may safely make the passage under the existing conditions” (ORS 811.415). The “new” law went into effect in January of 2006. [Read more…]

(Photo by J. Maus/BikePortland)

Hit and runs are far too common in Oregon. Unfortunately, so is the feeling of helplessness about what to do about them. In the spirit that knowledge equals power, I’ve put together a primer on the laws surrounding hit and runs and what do to if you are ever involved in one.

Here’s the sad but true fact: If a vehicle operator* can escape a collision scene then the chances are they will get away without having to pay for the damage they caused and they can also avoid things like: arrest on an outstanding warrant; a DUI charge for driving/riding while impaired; a possible police search of the vehicle for drugs or contraband on board; a car with no insurance, or not having a drivers’ license.

If the perpetrator is ever caught (and they usually are), here’s what the law says about their crime.
[Read more…]

Being nice isn’t so nice when it creates confusion.
(Photo by J. Maus/BikePortland)

Written by lawyer Ray Thomas of Swanson, Thomas Coon & Newton.

Some road users go out of their way (and beyond the law) to be “nice.” Being nice isn’t always a bad thing. Sometimes it involves giving somebody a break, or allowing a successful traffic merge; but other times — such as when a driver waves another driver through stopped traffic — there can be disastrous consequences.

When road users go out of their way to accommodate others when there is no legal authority for doing so, it creates real trouble later if someone gets hurt as a result of their “nice” gesture. In this column, I’ll go over some common scenarios where being what you think is good can actually be very bad.[Read more…]

Charley Gee helps us work through the
wonk on insurance.

Welcome to our Get Legal column. This is usually written by noted local bike lawyer Ray Thomas. But this time we’ve got one of Mr. Thomas’s co-workers Charley Gee filling in. Gee, an attorney at Swanson, Thomas, Coon & Newton is also an expert on how bicycles fit into the legal fine print. Today he’ll unravel confusion that often exists around insurance. Specifically, how auto insurance policies impacts those of us who don’t drive much (or at all).

Q. I have an Oregon automobile insurance policy. What does that mean?

A. In Oregon, every automobile insurance policy has four areas of coverage: Liability, Personal Injury Protection (PIP), Property Damage, and Uninsured/Underinsured Motorist Coverage (UM/UIM).

Q. What is PIP?

A. PIP covers medical expenses and lost wages if you are injured in a collision. In Oregon, the minimum amount of coverage is $15,000. PIP is (usually) “first party” coverage which means your automobile insurance covers your medical bills and wage loss despite the collision being the fault of another road user.

Q. I ride a bicycle and walk places sometimes, do I need to buy an additional insurance policy that covers me when I ride?
[Read more…]

(Photo J. Maus/BikePortland)

If you ever have the unfortunate luck of coming into conflict with another road user, it’s always a pleasure to find out the law is in your favor.

Usually, conflicts on the road relate to the question of who has the right to the same space at the same time. Having someone open their car door into you — a.k.a. getting “doored” — falls into this category. Usually a motor vehicle operator fails to see a bicycle rider and opens a door so close to their path that a collision or near-miss occurs. While defensive riding can go a long way toward avoiding this sometimes painful encounter, sometimes there is just nothing a rider can do — everything happens too fast.

Fortunately, this is one of those areas where the law is on the side of the bicycle rider. Here’s the relevant section of Oregon’s Vehicle Code (remember bicycles are “vehicles” too) that prohibits opening the door of any vehicle unless it is reasonably safe to do so:[Read more…]