Articles Posted in Motor Vehicle Accidents

In an exciting development for area cyclists, The Oregonian reports that Portland’s city council has “blessed a plan to build a protected two-way bike path on North Greeley Avenue between Interstate 5 and Swan Island.” The $1.9 million project will involve repaving Greeley as part of the construction process. If everything goes according to plan the path will be open in the fall of 2019.

The path will be a significant addition to Portland’s cycling infrastructure, creating a protected cycleway to replace what the newspaper says “might be one of the most dangerous bike lanes in Portland.” I have written in the past about the dangers of cycling on North Greeley. A video on The Oregonian’s website aptly illustrates what a hair-raising experience a ride along this road currently is. Traffic speeds past on a road where the existing shoulder is narrow and in poor condition. The paper notes that “two bicyclists have been seriously injured on the stretch of road between 2007 and 2016.”

Oregon already has strict laws designed to protect cyclists. ORS 811.050 designates failure to yield to a cyclist in a bike lane as a Class B traffic violation (meaning it incurs a fine of up to $1000). That is important to keep in mind on North Greeley where even after the new bike path is constructed drivers headed south will have to cross the bike lane as they enter the I-5 onramp.

A 23-year-old Woodburn woman was arrested and charged with a series of offenses after a single-car accident in Clackamas County. According to The Oregonian the accident took place a few days before Christmas on Highway 211 near South Palmer Road. The woman “is accused of second-degree manslaughter, fourth-degree assault, driving under the influence of intoxicants, reckless driving and recklessly endangering another stemming from a single-car crash that killed one of her three passengers.”

The newspaper reports that the vehicle “veered off the road and struck a tree.” One of the passengers, a 26-year-old Woodburn man, died at the scene of the accident. The driver and the other two passengers were all taken to OHSU hospital, where the driver was later arrested.

New Year’s Eve is next Monday. That means that for many people one of the most dangerous nights of the year to be out on the roads will also be part of an extra-long holiday weekend. As is always the case over New Year’s there will be many options involving both public transport and taxi/ride share systems to help people get home safely. A number of these can be found by clicking the KATU-TV link below.

Bike share programs have become popular across the country, and it is no surprise that famously bike-friendly Portland is part of the trend. That’s why the news that Motivate, the company that runs Biketown (and many other bike share programs nationwide), has a new owner should be of interest to anyone who cares about Portland as a cycling community.

The buyer is Lyft, a company best known for its car-hailing app. The Oregonian quotes a company statement promising “to help take bike share to the next level” with more bikes and more docking stations. With a single company running the bike share programs in cities across the country there is also the potential for rentals to become nearly seamless nationwide.

But Lyft’s emergence as a major player in bike share also raises questions. Let’s start with maintenance. When you return a rental car it is checked before being sent back out with another customer. When you roll a share bike into a docking station it usually just sits there until someone else checks it out or until the bike share operator moves it to a different location (regular and systematic redistribution of the bikes is a key element of any successful share program). Clearly no one is going to select a bike from the docking station if it has serious, visible damage. But there have always been legal questions about how bike share companies should deal with more subtle mechanical problems. Gears, the chain and the brakes can all be damaged in ways not immediately visible to someone who knows little about bike maintenance. It is worth asking what steps are being taken to guarantee a safe ride for bike share customers.

A recent announcement from the American Academy of Pediatrics merits the attention of every parent here in the Pacific Northwest. As reported in the magazine Contemporary Pediatrics the AAP “has changed the age recommendations regarding rear-facing car seats, advising that children remain rear-facing for as long as possible.”

As the article notes, the long-standing guidance for new parents has been to place babies in rear-facing car seats until the age of two. New research, however, showed that “at all agers examined, rear-facing car seat use was associated with a decreased risk for injury; the number overall were insufficient to confidently recommend a specific age to transition. Consequently, the policy, specifically recommending age 2 years, needed to be changed.”

The article quotes an Oregon scientist – Benjamin Hoffman, a senior professor and administrator at the Oregon Health and Science University in Portland – saying: “We knew that if our policy said rear-facing until age 2 and we could not back up specifically… we needed to change our guidance to reflect the best available evidence.”

A recent Oregonian article outlined a North Portland accident involving a 13-year-old girl that could easily have been prevented if local officials had paid more attention to the concerns of Portland parents. As the newspaper reports, the girl was struck by a car while crossing at the intersection of North Russell Street and Flint Avenue. “The girl suffered a leg injury and was taken to a hospital,” the paper reports.

What makes this story stand out is the fact that the unmarked crosswalk near Harriet Tubman Middle School has been identified by both Portland Bureau of Transportation officials and Portland school officials as a potential trouble spot – one that ought to have a marked crosswalk. The Oregonian reports local transportation officials had visited this very intersection only “a couple of weeks” before the accident. The paper quotes a spokesman for the Bureau of Transportation saying: “We believe it’s a good place for a marked crosswalk.”

As the newspaper notes, “in Oregon, every intersection is legally a crosswalk, even if there’s no paint on the asphalt.” That means the girl was crossing the street legally – and doing so in a place that had been flagged by area parents on several occasions since the Tubman school’s recent reopening.

A court hearing in Bend earlier this month is bringing long overdue attention to some of the legal issues surrounding accidents and bike lanes. The Deschutes County proceeding focused on the death last November of a 31-year-old cyclist who was “hit and killed in an intersection by a FedEx truck,” according to a report in The Oregonian.

Prosecutors described bike lanes as the center of the case. “This is cultural,” the newspaper quotes the county prosecutor saying. “Many people just don’t think of them as lanes.”

According to the newspaper, the cyclist sped down a hill and through an intersection, colliding with the side of a FedEx semi-truck as it was making a right-turn from NW Wall Street onto NW Olney Avenue in Bend. The rider “was also traveling north on Wall, in a bike lane alongside the travel lane. (He) intended to go through the intersection and not turn right onto Olney Avenue,” according to The Oregonian.

Sometimes it takes a tragedy to push the legal system to close a loophole. In the wake of a 2013 accident that left two little girls dead, Governor Kate Brown has done just that: signing a new law Thursday that clarifies the legal obligations of hit-and-run drivers.

“Anna and Abigail’s Law” is named in honor of 6 and 11-year old sisters from Forest Grove “who were struck as they played in a leaf pile” in 2013, according to an article in The Oregonian. It requires “drivers who suspect that they may have caused personal or property damage after a collision to report it to police.”

“Lawmakers pursued the change after the woman connected with felony hit-and-run in connection to the case… had her three-year probation overturned by the Oregon Court of Appeals,” according to the newspaper. At the time, Oregon law did not “require a driver to return to the scene of an accident if he or she learned someone was injured or killed after the fact. In granting (the) appeal the court also ruled there wasn’t enough evidence to establish without a reasonable doubt that (the driver) had reason to believe anyone was hurt after she ran over the leaf pile.”

The Oregonian puts it bluntly in the very first sentence of a recent article: “The number of people killed on city streets and country roads in Oregon is 13 percent higher so far this year, a death toll driven upward this summer by one of the deadliest crashes in state history.”

The single crash mentioned in that last sentence was an eight-fatality incident last month in Harney County, but, as the article goes on to detail, rather than viewing that crash as a statistical outlier police are concerned because they see it as “part of a worrisome trend this year: Multiple people dying in a single incident.” In all, the state “has seen 12 more fatal crashes than last year, but the number of people killed has increased by 37.” The article (linked below) also includes a table that dramatically illustrates how both road deaths and the number of crashes producing them has changed over the last few years. The increase in both the number of crashes and the number of deaths compared to last year is striking, as is the up-and-down (yet consistently high) nature of the numbers themselves over time.

There are a variety of reasons for this. The newspaper notes that over the last three decades the number of troopers patrolling Oregon’s roads has declined in absolute terms even as the state’s population has grown. The officers who are available focus their efforts on I-5 and other major roads and highways, despite the fact that an increasing number of fatal crashes take place on smaller roads, particularly in rural areas. A state official also tells the Oregonian that “while it’s difficult to prove, distracted driving is likely leading to more deaths and serious injuries.” This is in spite of both education campaigns and recently toughened state laws against distracted driving. And, of course, there is alcohol.

A lawsuit filed by the family of a Portland cyclist who was seriously injured last December, in the words of The Oregonian, “by a car driving 60 mph in one of Portland’s most dangerous cyclist-vehicle crossings” has filed a lawsuit targeting both the City of Portland and the State of Oregon.

The lawsuit raises questions about the responsibility not only of the driver who struck the 43-year-old Portland bike rider but also about the city and state’s failure to address what has long been recognized as an exceptionally dangerous stretch of road for bike riders. The newspaper reports that the accident took place at a point on North Greeley Avenue where “the southbound bike lane crosses an on-ramp for Interstate-5 – a section where the speed limit is 45 mph but drivers often travel 55 to 60 mph.” According to the court filing (see link in the Oregonian article below) the biker “suffered a traumatic brain injury” as well as numerous broken bones and a collapsed lung, among other injuries.

This accident took place despite the rider checking the ramp carefully. According to the paper, he saw a truck approaching but correctly judged that he had a safe amount of space to make the required cross-over. What he could not see was a car passing the truck at high speed, and failing to heed the bike lane markings.

As Oregonians and Washingtonians prepared to get away for the holiday weekend a serious drunk driving accident in Veneta, in Lane County west of Eugene, highlighted some of the potential dangers that always accompany Labor Day Weekend.

According to Roseburg TV station KPIC, “a wildland firefighter with a blood alcohol content twice the legal limit crashed her small car into a pickup stopped in a highway construction zone… on highway 126 West.” According to the station the car’s driver was the only person injured in the Oregon DUII accident despite the fact that she hit a car with such force that it set off a chain reaction, leading to a total of four vehicles being involved in the crash. The accident took place at 2am in an area where construction was taking place, and also endangered a flagger who was working on the road, the station reports.

Incidents like this are a reminder of the importance of safe driving, especially on this holiday weekend. According to KPIC the driver who allegedly caused the Eugene-area accident had recently finished a lengthy firefighting shift. Such admirable work, however, cannot excuse driving with double the legal limit of alcohol in one’s bloodstream.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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