The Bicycle Transportation Alliance is deeply saddened by the horrific incident that took the life of a cyclist Thursday in downtown Portland. We mourn for the cyclist and offer our condolences to her family and friends.
This incident raises many questions and offers many lessons. We acknowledge that the cyclist clearly had the right-of-way. ORS 811.050 requires motor vehicle operators to yield to bicyclists in a bike lane. However, the accounts of witnesses tend to indicate that the driver of the truck could not see the cyclist as she was in his blind spot. We wonder why there are vehicles allowed on the road that are not required to have mirrors that would eliminate this blind spot. It would seem that legislation is needed to correct this problem.
There is a problem with the engineering of these kinds of intersections all over the city. Drivers are taught to move over to the far right hand lane before turning right. Once they have moved to the right hand auto lane, they are generally not expecting to then be passed on the right. Perhaps we need to look at adopting the California law requiring drivers to move into the bike lane before turning right. This impedes the flow of bicycle traffic but might reduce the number of accidents.
Perhaps we should be striping in “Bike Boxes†that create a refuge for bikes ahead of cars at an intersection. These place bicyclists clearly in the view of motor vehicles. There are also striping options that move bicycle through-traffic to the left of right-turning cars when there is a right hand only turn ahead.
The BTA recognizes the roles and responsibilities of law enforcement. The procedures they are required to follow do not allow them to cite the driver on the scene without arresting him. Their job is to conduct a thorough investigation and forward the results of that investigation to the District Attorney to determine if there is a criminal case. Following a determination by the DA, which could take more than a month, the police have the job of acting on it.
We encourage all cyclists to be vigilant and safe in an environment that contains negligent and outright hostile elements. If you find yourself in a bike lane next to a vehicle at an intersection, make sure the driver sees you. If they don’t, even though you have the right-of-way, yield to the vehicle. You may be right, but you don’t want to be dead right.
Clearly this is a traumatic event for everyone, including the driver of the truck. We encourage everyone to turn their emotions over this tragedy into constructive action. There are all sorts of opportunities to be a bike advocate when you are not on your bike. We will continue our efforts to improve the safety of bicycling through engineering, education and enforcement.
Over taking and passing on the right of a vehicle turning right is a violation of basic traffic law and even more deadly, a contest you will absolutely lose every time. Right of way in a bike lane does not confer absolute right of way over the entire roadway, an intersection is not the bike lane.
I like bicycles, I like people using them, I entirely dislike the consequences of a truck and bicycle occupying the same space. Too many bicyclists ignore that difficulty and its inevititability with certain kinds of actions.
What if the intersection line that a vehicle must stop at is offset another..say ten feet before the intersection and the stop line for the bike lane all the way up to the crosswalk thereby always putting the stopped bike in front of the stopped vehicle.
just a thought
Keith
Here’s a different thought: Every school bus has mirrors that eliminate the blind spot that, I assume, contributed to this accident. Why aren’t large trucks opperating in the city required to have similar mirrors? This would cost less than $100, a small price for vehicles worth hundreds of thousands of dollars. Maybe BTA should bring this to the city’s attention.
Dan
Hopefully the driver and his company are sued “to death”. This guy needs to feel some pain. It’s obviously too much to ask that the police so much as give this guy a ticket. Especially considering recent comments by the police. I thought their job was to enforce laws regardless of their personal feeling about them. Apparently, this isn’t the case. Their job is to make it up as they go along.
I am not only a truck mechanic but a cyclist as well. One of the things we need to realize is like stated by Chuck Butcher is that we have the disadvantage when it comes to vehiles vs biycles. I have seen my fair share of stupid acts by our fellow riders that if they would have been hit I would have sided with the motorist.
STREET SMARTS. use your head for something beside a hat rack
A sad loss for the community, but also a warning.
Every cyclist should assume she is invisible to motorists.
One needs to anticipate dangerous situations and act to avoid them, because the cyclist will always lose the battle.
When I first moved here I thought it was amazing how bike-friendly Portland is. However, after two years of living in Portland, I have encountered far too many bicyclists who clearly believe they own the road, sidewalks, bike lanes, etc. Bicyclists should have the right of way when dealing with cars, I’ll give them that. Yet, bicyclists also feel they should have the right of way with pedestrians/runners too. There have been a handful of times when I’ve almost been slammed crossing a sidewalk by a bicyclist. How about running around the waterfront/esplanade downtown. Bicyclists don’t care about walkers and pedestrians, as they squeeze through minimal space, nearly knock me over from behind, peddling away as if they own the sidewalks too. I’ve seriously had it with bicyclists. Yes, I feel for the victim and her family, but I’m not entirely sure it wasn’t her fault, especially after being a victim to the complete disgregard of common sense demonstarted by many a bicyclists. There is definitely a heiararchy with who should have the right of way, and bicycles are not at the top.
Sheila, there is no logic to your comment. You are apparently blaming the victim of this accident because you’ve become annoyed with bicyclists in general. This kind of attitude is not helpful. It would be just as wrong to blame the driver of the truck automatically because one had become annoyed with truck drivers.
However, in this specific case, it appears the truck driver has fault. Both were stopped at the intersection at the same time, and she was in the bike lane, and he did not yield to her as the law says he must when turning right. I don’t see how this can be disputed. It doesn’t bring her back, but at the very least we need to look at the facts squarely, and I don’t see how this can be disputed.
But the comments here about riding defensively are right on. As a motorist, I understand all too well how difficult it is to see bicyclists on the right, and on one occasion I nearly hit a bicyclist who was cruising across an intersection *very fast* as I attempted to turn right. As a bicyclist, I try to keep this in mind as I approach intersections, and I slow down and look behind me at traffic to see the intentions of the driver as I cross an intersection. I think bicyclists also have a “blind spot” of sorts, and it unfortunately matches up with those of the motorist. Finally as a pedestrian, I don’t assume that the cross-walk is going to protect me from either the bicyclist or the motorist at an intersection. You cannot assume anything out there, particularly as a pedestrian or a bicyclist.
Finally, it’s an extremely sad situation, and we shouldn’t blame the victim, and in fact we should give her and her family peace and mourn her loss.
Perhaps we need to look at adopting the California law requiring drivers to move into the bike lane before turning right. This impedes the flow of bicycle traffic but might reduce the number of accidents.
In addition to requiring mirrors to get rid of blind spots, which seems like a no-brainer, this seems like the correct approach. We need to keep things simple. Bikes are vehicles and the rules ought to anticipate they will act like other vehicles. Requiring people to turn across a lane of traffic behind them, even if it is bike traffic, is a bad idea. A right turning vehicle belongs in the far right lane at the intersection even if it is a bike lane. The bicyclist should take what remains of the traffic lane on their left. And if that isn’t possible, then you wait for the vehicle to make its turn.
From the description, there is nothing the truck driver could have done legally to prevent this – they didn’t know the bicyclist was there. But had they illegally pulled into the bike lane to begin with the bicyclist would not have been there and would still be alive.
Before I make any other comments, let me say that I grieve for the loss and offer my sincere condolences to her family.
I am a bicyclist, and have spent a fair amount of time driving a good sized truck, although not nearly cement truck size. Although the cyclist “clearly had the right of way”, I find that totally false logic. There is no way a truck driver is going to see a bicycle which pulls up on the right, beside the truck. Realities of a truck also would not permit the truck to pull over into the bike lane, essentially to the curb and then be able to make a right turn on a city street. All the mirrors in the world cannot guarantee that a bicycle will always be visible if it comes up beside a large truck.
So, what is the answer? Personally, despite all the written rules, I believe it is up to the bicyclists to think and not put themselves into such an extremely dangerous position. I have seen people recommending that motor vehicle drivers should ride a bike to understand the biker’s situation. Perhaps we should make every cyclist drive a cement truck for a week to understand the drivers situation.
Come on folks. More laws (that only tend to antagonize those few drivers who even know they exist) are not the solution. Thought, intelligence, self preservation, whatever you want to call it is what will prevent these, and many other accidents. There are enough drivers that don’t think or look that we cyclists are going to have to keep that in mind and ride accordingly if we intend to survive.
Think! “If I pull up beside that truck who’s wheels are taller than me, I am not going to be visible”. Stay back! One of our (cyclist) arguments is that a motor vehicle driver only loses a few seconds if they avoid passing where there isn’t clearance. We need to adopt the philosophy we want drivers to adopt. If I stop behind this truck instead of beside, I will lose a few seconds but not my life.
Cyclist’s Death – A Call for Commute Solutions
My heart grieves for Tracey Sparling, her family, friends as well as for that of the cement truck driver. Tracey lost her life to a loaded cement truck that turned right across her path while biking downtown last Thursday. The debate now rages about the need for bike lanes or other means of social behavior modification to end these senseless deaths. I propose we expand the discussion to include the need for increased visible communication between all types of commuters and enforcement.
Portland is a community of visionaries who like to put creative solutions to the test. Our roadways are no different as we begin to see changing styles and sizes of commute vehicles that expand on the efficiency of the Prius and mopeds. A new shop opened up on Sandy Blvd. near my home that sells electric vehicles that make those on the “Jetsons” look old fashioned. These small, low-slung vehicles will face similar obstacles of visibility as does a cyclist with the likelihood they will try to command space in existing vehicular lanes.
I recommend that all high profile vehicles that travels through our city limits should be required to have mirrors on the front of their hoods to alleviate these critical blind spots. Tracey Sparling probably knew she needed to lock eyes with the driver of the cement truck to assure he knew she was there. Without these mirrors in place – they were both driving blind. School buses have similar mirrors in place after small children were injured or killed due to these blind spots. Let’s continue to learn from the example of successful changes made by others.
In addition, the visibility and appropriate use of turn signals should be enforced for all types of roadway users. In the Saturday article “Death Puts Focus on Bike Lanes”, it was stated that Sparling rolled to a stop to the right of the truck, directly below the cab and in the driver’s blind spot. Although she was in the bike lane next to the cab of the cement truck, it is unlikely that she had any view of the truck’s turn signal. Most older vehicles have turn signals that are only visible from the front or rear – rarely from the side, as with some newer models. In addition, there is no indication that the cyclist rolled up to the stop light from behind the truck AFTER the driver switched the turn signal on. Tracey probably had no idea that the cement truck was planning to turn right in front of her. I have turned right onto SW 14th Ave., a one-way street, numerous times. Facing west before turning right, you constantly have to fight the impulse to squint from the glare created by the sun/mist cast from a leftward angle over I-405 canyon. Most vehicles & their lights are coated in a layer of dirt and the angle of the sun only enhances the camouflage covering their rear lights, making brake lights/ turn signals almost impossible to see as you turn in behind these northeast-bound vehicles. These challenges are compounded by drivers turning from the last intersection doing last minute jockeying for the correct lane, left/straight toward I-405 ramp/right, making heading into the Burnside intersection tricky, even for the best of drivers. By enforcing the use of visible signals is imperative to creating communication between roadways users as well as with pedestrians. By visible – I mean that these signals should be periodically wiped down and not be covered in dirt or snow. Tracey may well have turned right into the bike lane and into the truck’s blind spot as it traveled northbound, leaving the driver with no possibility of seeing her and her with no idea that he had the right turn signal on. It may be time that we require side-view turn signals on all vehicles that use city streets.
The concept of installing a test “bike box” on Glisan has its merits as well, as mentioned in your article. With the accompanied signaling, this concept would allow cyclists (and mopeds – at least in Barcelona) the opportunity to travel to the front of the “line” at stop lights. Then a special green light allows these cyclist a 5-7 second head start before the secondary green light for motorized vehicles. This concept of timed lighting should also be considered for downtown crosswalks, as done in Chicago. This allows pedestrians a separate time for safe passage at intersections and would alleviate vehicular congestion caused by pedestrians competing with vehicles turning off of one-way streets.
As fellow commuter Arna C. Davis Jr. correctly stated in his 10/13/07 letter, “so many drivers are oblivious-talking on their cell phones, eating or drinking, in a rush to get from A to B…Drivers, especially (turning right onto) one-way… or a divided street are almost always looking to the left for oncoming traffic”. He further stated “I walk at lunch and in 30 years have been hit three (3) times under these circumstances”. It is amazing in our teeming downtown that more bike/ped/vehicular collision-related injuries have not been reported. We need to remain 100% conscious that blinded/brainless vehicles gassing through intersections can cause death in most unarmored animals that conflict with their movements. While on the bike I always know I’m invisible to cars – as a pedestrian downtown I often lose that fear. To help us continue to build on the safe walkability of our community, I suggest requiring “2 hands on the wheel/ handle bar” at all times while in downtown traffic to bring consciousness to multi-tasking-brainless-drivers. Initial warnings could be given with second or third-time violators banned from driving that type of vehicle downtown. If you allowed citizens to submit digital/cell phone pictures of violators to your cycle cops for enforcement – I bet our streets would become 10 times safer in 30 days.
We as a community and as a team of problem-solvers need to work together to learn from these tragedies and create safe passage for all types of commuters. It is only with shared vision and compassion each other that we can move beyond blame to build a better community, one that is safe for all shapes, sizes and speeds.
Fellow cyclist & commuter,
Tamara DeRidder, AICP
Northeast Portland
**Submitted as a letter to the Oregonian 10/13/07
It is wrong to excuse law violations by saying that it was inevitable, accidental, unavoidable, etc. Every time you or I get into a motor vehicle and turn the ignition key, we take responsibility for what that vehicle does. If a driver cannot pass safely, cannot turn without seeing, cannot stop quickly enough, that driver bears the responsibility for the consequences.
Most vehicles have blind spots, that is not the issue. Drivers — and I’m a driver too — are responsible for knowing that they have a blind spot and driving safely in accordance with what they cannot see. True, a bicycle that counts on drivers knowing the law and driving safely at all times is foolish to do so, but it does not change the responsibility or the liability of the driver.
With bigger and inherently more dangerous vehicles, the responsibility is all that much greater. Instead, the prosecutor, in declining even to have the grand jury evaluate the case, decided that the size of a vehicle was a mitigating factor, not one that increases inherent liability. Wrong choice!
I’m FED UP with gutless district attorneys who will not even send a case to the grand jury for a determination of culpability — it is not the DA’s job to decide that the law doesn’t protect a certain class of individuals, it is simply political expediency.
Bob Reid, attorney for 26 years.
I’m a concerned driver, daily I make the right turn from NE 28 Ave onto E Burnside. I nearly saw a biker taken out again today zooming up on the right past the vehicle that clearly has their right turn signal on. The light turned green and the truck began to turn. The biker shouted and the truck was able to stop. This is not a bike lane correct? Is this a legal maneuver by the biker? It certainly isn’t safe. I’ve seen it happen repeatedly. I use this route everyday and don’t make the turn without triple checking. I’ve been advised to pull my car over as far right as I can so as to block bike traffic. What is your take?
Concerned Driver,
You are correct – that is not a legal maneuver by the biker. Any vehicle, bicycle, pedestrian who is in front of you with a signal on has the right of way, regardless of how you are traveling. It’s in the OR driver’s manual. I wish more of my fellow bikers would read it.
I am a 14-year bike commuter. I have had two accidents in that time. One involved train tracks, one was wet pavement and a broken bottle, but no other vehicles or people. There have been dozens of close calls. I realize that my days of incident-free bicycling are finite.
I understand that the recent accidental bike deaths of the past few weeks were just that: accidents. As a cyclist I pride myself on riding cautiously, patiently and hyper-aware of motor vehicles. I always assume drivers do not see me until I make eye contact. Without that, I give them the right-of-way, or get out of the way.
Accidents are still accidents. Nobody intends for them to happen. Still, we are not machines. Any sort of momentary distractions can cost a life. It’s not about who is to blame, it’s about us being responsible for ourselves, courteous, and ultimately existing together on the same streets.
When on the road, we are all trying to get somewhere, we have to cross paths and we have to communicate get around each other. I find that sometimes drivers don’t know what to do around bikes, so I have to direct them to “go” or “stop”. I use hand signals a lot, and well in advance, to indicate my intentions. Just a simple wave of the wrist or nod of the head tells a driver that I am going to wait for them, or go myself. Communication is very helpful! And most of the time the driver responds, and is even appreciative!
I am extraordinarily sorry for the cyclists who have died, as they are kin. I am also sorry for the vehicles’ drivers who will live with the tragedies for the rest of their lives. Certainly, they are already paying dearly. I would hate for my own momentary lapse of attention to cause somebody else such pain.