I approached a busy road on my bike with an intention of crossing. I stopped at the stop sign and waited over a minute for a chance to cross. No cars were coming from the left, but there was a line of cars stopped behind the stop light from the next block up. I looked through the line of cars and saw no movement. With that and the knowledge that the light up ahead was red, I carefully proceeded. With my hands over my brakes and my head turned to the right, I slowly began to cross. As I reached the far lane, a truck that I could not have seen collided with me. Thankfully, because I was being cautious, I was able to see him as soon as possible, begin to react, and ultimately leap from my bike which prevented me from becoming seriously injured.I don't believe that the driver did anything wrong, besides perhaps speeding--but I have no evidence of that.
When the officer arrived, he showed bias immediately. As soon as the driver stated that he is a volunteer with Search and Rescue, the officer and him "buddied up." They spoke of the specifications of his truck--mpg, oil changes, something about the officer's brother's truck, etc. He barely looked at or spoke to me, and when he did he did not treat me with the same level of respect that he treated the driver with. I cannot help but feel that this was either due to my status as a cyclist or young woman. He showed more concern for the dent in the truck than the possibility that I was hurt.
The only way I could have avoided this was turning around and taking a different route--there was no bike lane on the busy road I was crossing and cyclists are not allowed on the sidewalks, so I could not make it to the intersection with a crosswalk. Keep in mind that this is in a city which prides itself on being "bike friendly."
I was sore for the next few days and my bike was damaged. The drivers truck has almost $4,000 worth of damage. Even though I know that I did everything I possibly could have to ensure self-preservation, I am wary to plead not guilty due to the chance that I could be found guilty and have no way of avoiding the charges from the civil suit from his insurance. Based on what I am saying and the wording of the law, do you think I'm guilty? Would it be worth it to hire a lawyer? Right now, I am being given minimal assistance by my university's student legal services. I was told to photograph my injuries, not speak to the driver, and fill out an accident report for the DMV with my telling of events.
If I were to bring this in front of a judge, I would want to emphasize my acute awareness of the dangers of existing as a cyclist next to multi-thousand pound metal vehicles. I do not make reckless decisions when biking because my life is on the line. I stopped at the stop sign and used all my senses and all the information available to me to determine that it was safe to cross. It was not, but the fact that I was not seriously maimed is evidence of my caution enabling a quick reaction.
When the officer arrived, he showed bias immediately. As soon as the driver stated that he is a volunteer with Search and Rescue, the officer and him "buddied up." They spoke of the specifications of his truck--mpg, oil changes, something about the officer's brother's truck, etc. He barely looked at or spoke to me, and when he did he did not treat me with the same level of respect that he treated the driver with. I cannot help but feel that this was either due to my status as a cyclist or young woman. He showed more concern for the dent in the truck than the possibility that I was hurt.
The only way I could have avoided this was turning around and taking a different route--there was no bike lane on the busy road I was crossing and cyclists are not allowed on the sidewalks, so I could not make it to the intersection with a crosswalk. Keep in mind that this is in a city which prides itself on being "bike friendly."
I was sore for the next few days and my bike was damaged. The drivers truck has almost $4,000 worth of damage. Even though I know that I did everything I possibly could have to ensure self-preservation, I am wary to plead not guilty due to the chance that I could be found guilty and have no way of avoiding the charges from the civil suit from his insurance. Based on what I am saying and the wording of the law, do you think I'm guilty? Would it be worth it to hire a lawyer? Right now, I am being given minimal assistance by my university's student legal services. I was told to photograph my injuries, not speak to the driver, and fill out an accident report for the DMV with my telling of events.
If I were to bring this in front of a judge, I would want to emphasize my acute awareness of the dangers of existing as a cyclist next to multi-thousand pound metal vehicles. I do not make reckless decisions when biking because my life is on the line. I stopped at the stop sign and used all my senses and all the information available to me to determine that it was safe to cross. It was not, but the fact that I was not seriously maimed is evidence of my caution enabling a quick reaction.
Traffic Lights, Signs and Controls: Struck on Bike, Cited for Failure to Obey Traffic Control Device (Oregon 811.265)
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