A highly unusual case of a hit-and-run collision involving an SUV and a bicycle has resulted in the driver coming forward, accepting charges against him and paying a settlement to the bicyclist. The driver, against whom police had very little evidence, pleaded guilty to driving under the influence of intoxicants and misdemeanor hit-and-run as part of a plea agreement.
The accident happened one night in May 2010. According to witnesses, the SUV was driving erratically, reaching speeds of 80 mph before hitting the bicyclist near the Sellwood Bridge in Portland. The crash was so severe that the passenger side mirror was ripped off and the windshield smashed. After the SUV left the scene, paramedics arrived to attend to the bicyclist, who suffered a broken jaw, shoulder blade and tibia; 13 broken teeth; compression between his vertebrae; and a torn knee ligament.
No one could identify the driver of the SUV, and police had no way to determine whether the driver had been drinking. But two days later, an attorney contacted police and gave them the keys to the damaged vehicle, which was found parked outside the driver's home. The attorney soon worked out a plea deal, and prosecutors agreed to drop an additional fourth-degree assault charge after the driver worked out a six-figure settlement with the cyclist, which will be covered by the driver's insurance.
It wasn't the first drunk-driving charge for the SUV driver, who ended up receiving a sentence of 30 days in jail and two years' probation. In 2003 he had a drunk-driving charge dismissed when a witness showed up late for court.
The Multnomah County prosecutor who handled the more recent case said he's never before seen a drunk driver come forward the way this defendant did after a hit-and-run crash. The cyclist speculated that perhaps the driver simply panicked, an all-too-common reaction in accidents involving drunk driving. "Maybe he's an OK guy," the cyclist said, "I don't know him."
Fortunately for the driver in this case, he's served his time and is able to move on. And the cyclist appears to have returned to the physical activities he loves. But not all drunk-driving accidents turn out this way, and leaving the scene is still the last choice a driver should make. Staying at the scene but insisting on contacting a criminal defense attorney before providing a statement to police is a far better alternative.
Source: Oregon Live, "Mt. Hood Skibowl owner's unusual hit-and-run case leads to $500,000 for bicyclist," Aimee Green, June 19, 2012
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