Date: Feb 10, 2013 2:44 PM
Subject: Uncited vehicle/pedestrian collision - Uniontown, Jan. 19th
To: <firstname.lastname@example.org>, <email@example.com>
Mayor Van Dusen and Senator Betsy Johnson:
- Activated the amber flashing signal at W. Marine Drive located in front of 3 Cups of Tea (under the bridge in Uniontown)
- Paused and waited for the nearest vehicle to come to a full stop
- Proceeded to cross when the first vehicle had stopped
- Was struck by a Ford F250 truck in the adjoining lane
- Was transported to the ER at Columbia Memorial Hospital and
- Was diagnosed with a concussion.
- The driver of the vehicle was a "nice guy" who was concerned about Ben's injuries and
- He and another officer had discussed the accident and felt that bicycles should not be ridden across crosswalks.
- 2011 ORS 814.410 ...a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk
- 2011 ORS 811.060 (Class A misdemeanor) Committing vehicular assault of a bicycle operated by a person, a person operating a bicycle or a pedestrian and the contact caused physical injury to the person operating a bicycle or the pedestrian
- 2011 ORS 811.028 (Class B traffic violation) Failure to stop and remain stopped for a pedestrian. A pedestrian is crossing the roadway in a crosswalk when any part of extension of the pedestrian, including but not limited to any part of the pedestrian's body, wheelchair, cane, crutch or bicycle moves onto the roadway in a crosswalk with the intent to proceed.
- 2011 ORS 811.020 (Class B traffic violation) Passing a stopped vehicle at the crosswalk
- 24 year old, African-American with Downs Syndrome
- will never drive a car and has relied on his bicycle to maintain a sense of independence. His bike was a cumbersome 3-wheel adult trike - but it was his joy
- has an acute sense of civic duty. For the past 6 years, every Sunday from the opening of the Astoria Sunday Market in May through the final Sunday in October, Ben has gleaned fruits and vegetables for donation to the Astoria Senior Center.