McDaniels Crash Update
Posted by: EvanJul 06 2006, 8:49 am
Since May's tragic crash that killed Darrel and Sheryl McDaniel, the BTA has been working to find answers to the questions that plague us all: what happened? what's going to happen to the driver? and what can we do to prevent future crashes?
What happened
As is clear now, the McDaniels were out on their regular bike ride on Highway 47 outside of Forest Grove. They were highly visible and wearing helmets, and riding legally on the shoulder of the road. The driver, Patricia Suhrbier of Hillsboro, 58 years old, was not intoxicated. She swerved for reasons the District Attorney's office cannot elaborate on (for confidentiality reasons), and killed the McDaniels. The Washington County Sheriff's office and District Attorney's office continue to investigate the crash and interview people involved.
What's going to happen
As is usual in all fatal traffic crashes (car-car, car-bike, and car-pedestrian), the investigation takes a while. The Sheriff's office usually sends a CART (Crash Analysis Reconstruction Team) to reconstruct what happened on the ground. They review what happened, and try to decide whether there was beyond ordinary negligence, and whether criminal charges should be brought. Unlike in some states (we think California but are not sure), "ordinary negligence" is not a crime in Oregon. Ordinary negligence (unlike gross criminal negligence) cannot be charged in criminal court, even if the consequences are fatal. Civil charges could be brought, and a variety of traffic infractions can be levied. It will likely be the end of July before the DA's office decides whether to bring criminal charges against Suhrbier or not. The BTA has let the DA's office know that we support prosecution if crimes have been committed. More about negligence law
What can we do
First, we can send our condolences to the McDaniel family. Second, we can work to increase the number of safe places to bicycle, through expanding facilities, educating drivers and cyclists, and enforcing laws on the books. Third, we can look at legislative changes that might be appropriate, from allowing ordinary negligence to be a crime in fatal traffic cases, to requiring the sale of cars used by drivers who kill (similar to a program for repeat drunk drivers that exists). Finally, we can all model good behavior as we bike, walk, and drive on the streets.
We'll continue to monitor the case and let you know what happens.
Why could there not be a revision to the motor vehicle code requiring motorists to COMPLETELY leave the rightmost lane when passing a cyclist on roads where there is no bike lane? In many cases, I have been passed within a few inches by motorists who are either trying to "squeeze" between me and a car in the oncoming lane, or who, for reasons unknown, simply refuse to leave a safe distance between themselves and myself?
OR, on streets that are too narrow for bike lanes, we could paint hash marks, delimiting where a bike lane WOULD be, if it existed. When passing cyclists, cars would NOT be allowed inside this line.
ALSO, the signs that have the icon of the bicycle and say "be courteous, share the road" should be replaced with signs that say "share the road–it's the LAW".
Proposals such as the ones above would require changing some drivers' habits, but these changes are nothing a few undercover bike cops and $1000 tickets could not effect.
Thanks for the comments. The BTA is looking at Legislative changes that include a mandatory safe passing distance for cyclists (a number of states and cities including Grants Pass have a 3 foot law/ordiance.) We see this as a reasonable minimum is rural high speed situations, although in truth 3 feet might not be enough if a semi-truck is passing a 50 mph.
Feel free to contact me.
Scott Bricker,
Policy Director
The highways are unsafe today for cyclists and for car drivers. There are so few cops in Oregon that drivers have little fear of getting caught doing just about anything they want. Also, the few cops on the roads are usually in marked police cars so the bad guys can see them coming in time to straighten up. Also, the cops do not take a proactive role in enforcement. I saw a Sheriff car following a "runt-mobile" today – one of those little cars with a loud, modified exhaust. The Sheriff did nothing. Those exhausts are illegal, yet thousands of them run the streets with no fear of the police.
What needs to happen is this: get rid of marked police cars, put the police in small used Jap cars with unmarked plates. SUV's and monster trucks love to intimidate people in small cars – just like they love to do to cyclists. Have them patrol the streets and higways and hand out hundreds of tickets on a daily basis for tailgating, weaving in and out of traffic, and any bullying type of behavior. Minimum fine: $1000 for a first offense, second offense: confiscation and sale of the vehicle, third offense: 5 years hard labor in prison. Within 6 months, you'll notice a difference whether in a car or on a bike. And, the police will have lots of money!
If you want things to change, then the cops have to change their tactics. If they don't change, the criminals will not change.
Has there been any progress since you last wrote? It's been months now since the accident.
I commuted to work by bike today, and rode from Gaston to Forest Grove on Hwy 47. On the east side of 47, near the intersection with Old Highway 47, there are now two white crosses. The irony of this for me is that I specifically use 47 out of Gaston instead of using 219/210 out of Newberg, because 47 has a very wide should which is in excellent condition. I don't feel safe on 219/210 or River Road because of the high speed traffic and crummy shoulders.
The crosses are very effective. I will think of the McDaniels every time I pass them. I will think about what can be done to prevent these tragedies.
Why do police officers on the side of the road get more protection than bicyclists on the side of the road?
Isn't it possible to require drivers to exercise extra care when passing bicyclists? Are their lives less valuable than police officers?
811.147 Failure to maintain safe distance from emergency vehicle or ambulance; penalty.
(1) A person operating a motor vehicle commits the offense of failure to maintain a safe distance from an emergency vehicle or ambulance if the person approaches an emergency vehicle or ambulance that is stopped and is displaying required warning lights and the person:
(a) On a highway having two or more lanes for traffic in a single direction, fails to:
(A) Make a lane change to a lane not adjacent to that of the emergency vehicle or ambulance; or
(B) Reduce the speed of the motor vehicle, if making a lane change is unsafe.
(b) On a two directional, two-lane highway, fails to reduce the speed of the motor vehicle.
(2) The offense described in this section, failure to maintain a safe distance from an emergency vehicle or ambulance, is a Class B traffic violation. [2003 c.42 §2]