By Scott Unger • Of the News-Register • 

McMinnville man agrees to plea deal in bike death

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Comments

BC

Robert Weeks got a raw deal. This accident could have happened to any motorist out there. It was a terrible, horrible, accident - not intentional anything. This feels much more like the biking world needed to make a statement and used Mr. Weeks as the sacrificial lamb.

My prayers for both the bicyclist's family and the Weeks family. What a God-awful ordeal for everyone.

DennyP

There’s no reference in this story to a “biking world” or any bicycling interest group. Maybe BC could clarify to whom or what “biking world” refers? As a recreational bicyclist I feel no gratification over the outcome of this sad event. This is a tragic story of three victims- a bicyclist who died, a son who witnessed his father’s death, and a driver facing legal consequences.

hikerboy

Robert is a good man, I've known him for 30 years. I know the biker's family has suffered a horrible loss, but I also know that Robert and his family have had their lives turned upside down and the whole thing is just a terrible tragedy.

Moe

"According to the initial Oregon State Police, Joy fell over, into the lane of travel, just as the pickup passed."

Question: Why did Mr. Joy "fall over"?

Heart attack?
Stroke?

Or was the road surface unusual, perhaps combined with a very low speed?

As any bike rider knows, once you're moving along at even a moderate clip, it's almost impossible to just fall over. That's why it is so easy to ride no-handed; and why it is safe to pass someone riding a bike. Furthermore, Mr. Joy was obviously an unusually experienced bike rider. Did they bring in a physicist to testify?

Interesting to read the transcripts ...

Moe

"A $2.825 million wrongful death lawsuit filed by the family against Weeks in October 2023 was dismissed in September of last year."

Lawsuit dismissal means that the court did not have jurisdiction over the subject matter. In other words, even assuming that the facts alleged by plaintiff were true, the court ruled that it could not hear the case.

Analogy:

If a man signed a contract with you promising not to wear an orange shirt, then indeed you could sue the man for wearing an orange shirt. The cause of action would be breach of contract. And breach of contract is within the court's subject matter jurisdiction. In some situations, such as in business, there might be some injury to plaintiff, such as losing a client.

But if you had no contract with the man not to wear an orange shirt, then regardless of the fact that the man was indeed wearing an orange shirt, you would not have a valid cause of action to sue. The court would recognize that it lacked subject matter jurisdiction; and would have no choice but to dismiss the case.

Question: If the lawsuit was dismissed, could the criminal case not have been likewise dismissed?

Comment: Conviction in a criminal case requires guilt beyond a reasonable doubt. Whereas to win a civil case requires only the preponderance of the evidence, which could be 51% to 49%, a much lower bar.

Moe

A review:

BikePortland

After reversal from DA, driver faces criminal charge for killing Adam Joy
Jonathan Maus (Publisher/Editor)
January 25, 2024 34

https://bikeportland.org/2024/01/25/after-reversal-from-da-driver-faces-criminal-charge-for-killing-adam-joy-383355

Have a look at above BikePortland article. And be sure to read the comments. Would YOU want those people on a potential jury?

Article mentions a witness - driving in the opposite direction (an oncoming car!):

BikePortland

Witness version of fatal Polk County crash differs from police
Jonathan Maus (Publisher/Editor)
June 20, 2023 117

https://bikeportland.org/2023/06/20/witness-version-of-fatal-polk-county-crash-differs-from-police-376374

//

More than once in those situations, I have had to just slow down and follow the bikes in my lane - dangerous or impossible to pass. And, unfortunately, the bike riders can be pretty aggressive, not yielding even when there is a line of cars behind them. Just saying.

Moe

The solution is obvious.
Bikes prohibited on such dangerous roads.
Severe penalties for violations.

//

BikePortland

‘I want justice!’: Family of man killed while biking enraged after driver gets off scot-free
Jonathan Maus (Publisher/Editor) March 12, 2025
64

https://bikeportland.org/2025/03/12/i-want-justice-family-of-man-killed-while-biking-enraged-after-driver-gets-off-scot-free-393185

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