Saturday, February 21, 2009

How did your ride go?

Mine ended up like this:


ahem..... calm down......... okay, it went like this.
I joined Dave, Elise, Art, and Luis for what should have been a very nice day to ride a bike.
We were riding right on the fogline (near Champoeg State Park, no paved shoulder beyond this at that point) about 2.5 miles into our planned 35 mile ride. Along comes this neanderthal in a dark blue Dodge Durango, Oregon License plate # YDS 956 who thinks he owns (in his words) the whole F&$%&ing road. He lays on the horn continuously as he passes within 2 feet of us in an attempt to brush us off the road. I was the lead rider and I motioned him back (with ALL my fingers) in an attempt to discuss his behavior and why he felt the need to do that. To my surprise he was in such a hurry to have that discussion that he made voluminous smoke from his tires as he backed up the 70 yds to talk.

The idiot said we had no right to be on HIS f#$%$ing road. I informed him that indeed we did, and that in fact we were tight against the right side, where we certainly had the right to be. He said if he ever saw me there again, he'd run me over.

I took exception to his threat,(okay, full disclosure, I did so by whacking his passenger mirror with my hand while saying to the effect of "well then he'd need to talk to the police". I was thinking it was a good way to insure they'd be involved. No broken glass or other obvious damage, but I did not inspect it closely.) He showed me that his threat was serious. As I was walking away he put the vehicle in reverse, turned the wheels towards me, put it in forward, and gunned it. Yup, this moron hit me, knocked me and my bike to the ground, damaged my front wheel in the process, a few scratches on aerobar, brake lever, and handlebar tape, and an injured ankle. I'm beginning to lose my faith in drivers.

We noted the license number and immediately called 911. The very polite, though possbily bicycle law ignorant, Marion County Sheriff came out and interviewed us.
The officer said there are always two sides to a story. I agreed but pointed out that I had 4 cycling witnesses as well as the owner of the home the incident happened in front of.

No matter what may or may not have been said (always two sides to a story) he USED HIS VEHICLE AS A WEAPON AGAINST ME.

Yup, an update will follow as this plays out.


Other than that it was a good ride. This was one of the "training series" rides I lead for a social bike group I belong to. The participants are showing great progress and I am very proud of them. The group averaged over 16 mph for today's ride, and by most accounts it wasn't too hard for anyone.

I did a little pre-ride after fiddling with glove issues that cost me the time required to "ride to the ride". I ended up with 9 miles pre-ride to add to the 35 group ride.

+++++++++++++++++++++++++++++++++++++++++
...............Road Bike.....LifeCycle.....Total Miles
Today............44...............0.................44
Jan total.......501.....+.........30.......=.......531
Feb total.......463.....+.........0........=.......463
Year to date....964.....+.........30.......=.......964
+++++++++++++++++++++++++++++++++++++++++

18 comments:

  1. oh. my. Where exactly did this happen, so I'll know where to either avoid or be extra alert? Sounds like Marion County Sheriff needs re-education as well.

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  2. I'll take it further. This makes me sick to my stomach. What did he think he was doing? This isn't a video game where you aren't really injured or dead. Anger management issues? In touch with reality issues? Certainly whatever it is, he shouldn't be allowed to drive until he's been thoroughly re-educated in his responsibilities as a road user and served some lengthy license suspension.

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  3. Okay, I am angry. I am really angry. That driver assaulted you with a deadly weapon. He should have been arrested on the spot. I'd write more but, frankly, I am too pissed off to be coherent. I am so glad that you were not badly injured . . . and if you need the names of some good lawyers for an intentional tort case, let me know . . . .

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  4. You aren't paranoid if they're out to get you. This should be Really Fascinating as it plays out in the judicial system. Keep us informed!

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  5. Thanks for the kind words of support.
    I'll definitely keep you all informed!

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  6. Hey it's Brian Barker from KATU News. I'm also a freakishly enthusiastic cat 4 racer and full-time bicycle commuter in Portland.

    Could you please send me an email at bbarker@katu.com? I'm compiling a list of incidents like this and have a few more questions for you.

    Thanks.

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  7. Kevin-

    Please contact the Marion County DA's office. Please do pursue charges. There is a host of charges this driver faces. I told Michael to let you know to contact victim's assistance in Marion County too.

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  8. If Marion County doesn't do their job then contact both the BTA and the bicycle attorney guy...sorry can't remember his name. There is a process for citing the driver yourself...or for that matter doing a citizens arrest. From what I read in your post I would say there is probable cause to arrest the driver for Reckless Driving, Reckless Endangering x 4?...(depending on where the others were) Fail to Perform Duties of a Driver Felony level(aka Hit and Run) as you were injured, and Criminal Mischeif as your bike was damaged but that would probably get rolled into the hit and run charge. Sorry the Marion County SO wasn't more helpful...I'm a Police Officer and have run in's with motorist contacted the Washington County SO and had similar crappy support from them. If I can help you out let me know greggm00@hotmail.com

    Gregg Magnus

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  9. I'm so glad you're ok but can you say, 'civil suit', and 'may I speak to your supervisor mr officer'? Sue him and get his license revoked and get this f#$k off the road. Honestly Kevin, I feel strongly that this is your duty as a citizen to use the law to the best of your ability to protect other cyclists in the future and put your foot down. It will take your time, it will take dealing with a slimy lawyer, it will be a pain in the arse. But please, take on the responsibility and don't let this just 'go away'.

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  10. No worries. I do not intend to let this guy get away with this.

    I've got the time (and inclination) to make sure that this guy will never forget how stupid he was.

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  11. not all lawyers are slimy. They're only slimy if you're on the receiving end and you don't have a lawyer of your own. Ray Thomas is the attorney that works with the BTA. He knows the law backwards and forward and even wrote some of it. Otherwise there's a list of other PDX area cycling attorneys on the BTA website, Michael Colbach, Mark Ginsberg, Bob Mionske, etc...Get legal advice immediately and have everyone in your group jot down the events to their recollection before important details fade from memory. If Marion County refuses to investigate of file charges, or appropriate charges you (and your lawyer) can issue a writ of mandamus compelling the county to uphold the law and do their duty. too many charges to choose from...the least of which are unsafe passing and careless/reckless driver affecting a vulnerable user of the road (both those laws went into effect in 2008) and careless/vulnerable will get the driver's license suspended and driver fined...to vehicular assault and attempted murder. and of course a civil suit on top of that. Glad you lived to tell the tale.

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  12. I've been in contact with one of the lawyers you list. I'm trying to take all the correct steps now (after taking a bit of a misstep at the incident) Note to self, next time don't touch their vehicle.......even if they threaten to run you over. :-(

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  13. Kevin:

    I am interested in hearing more about your experience while cycling in Marion County on February 21st. Traffic safety is a priority with the Marion Co. Sheriff's Office. I would like to better understand your concerns. Please call me at (503) 540-8004 Lt. Bob Stai

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  14. Kevin, first, I"m glad you're ok, mostly. I assume you've visited a physician for exam and documentation. If not, please do. And take serial pictures of bruises, etc.
    Glad you're going to pursue legal avenues, glad to hear of interest from media and police starting to chime in. This perp sounds out of control. I wouldn't be surprised if his anger spills out in other ways that endanger the public. He may already be known to police. Good luck and thank you for your efforts for us all.

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  15. road rage is scary stuff. good luck.

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  16. Any update to this story? I'm glad you're ok.

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  17. Yes, updates posted frequently. Just check the blog posts for subsequent dates.

    Cliff Notes version:
    I have been cited for Criminal Mischief 2 for hitting the drivers mirror. Police won't tell me what the driver has been cited for. DA says case has not been filed with them. That infers that driver was not cited for hit and run or assault 2.

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  18. BIG SUCKAGE for the Criminal Mischief citation! Do you have to get a lawyer? Have a court date? Isn't public record on knowing what the other guy is cited for?

    We should get this publicized on other blogs to get support. Are you sharing your story with media outlets or bike advocacy outlets?

    Take care!
    Mark

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