Articles Posted in Bicycle Accidents

Bicyclist deaths in traffic accidents rose in 2012 (the most recent year for which data is available) both in absolute numbers and as a fraction of the nation’s overall road and highway death toll, according to a new report released by the National Highway Traffic Safety Administration.

As a table on the first page of the report shows, the total number of traffic-related fatalities fell by more than 20% over the last decade, from 42,884 nationwide in 2003 to 33,561 in 2012. During that same time period, however, the number of bicyclists killed on America’s roads rose from 629 to 726 – an increase of almost 20 percent. As a portion of overall traffic-related deaths that represented an increase from 1.5 percent to 2.2 percent – a small portion of the overall number, but a dramatic increase proportionately speaking.

At a time when people across the country are becoming more aware of the health and environmental benefits of cycling these are worrying numbers. It is good to see that tougher enforcement and better public education have brought the overall traffic death rate down so dramatically (indeed, in the 1970s and 80s it was well over 50,000 per year). At the same time it is alarming to see the rate of bicycle accidents and fatalities rise – especially in an era when one might hope that more bikes on our streets would lead to greater awareness and caution among drivers.

It is no secret that Portland has a reputation as one of America’s most bike-friendly cities, but the census bureau now has the data to prove it. According to a recent article in The Oregonian, since 2000 biking to work “has shown the largest percentage increase among all commuting modes” nationally. Portland leads the way with a significantly higher percentage of bicycle commuters than the national average.

Nationally about 786,000 people get to work using bicycles, according to the paper, up from 488,000 in 2000 (the data is for 2012, the latest year available). That’s only about one percent of commuters nationwide, but “within the Portland city limits the number has nearly tripled since the 2000 census… In fact, Portland leads all large cities with a bicycle commuting rate of 6.1 percent.”

According to the newspaper, local activists welcomed the news, but also warned about “complacency.” The head of the Bicycle Transportation Alliance called for “bolder steps” by the city to prevent Portland bicycle accidents so that commuters will feel safer. The article specifically cites initiatives to create “buffered bike lanes” – a move which often requires the removal of parking spots or one auto lane along busy streets that double as important bike commuter routes. It also cites “a long-delayed $4 million bike sharing system, which still lacks a sponsor.” Once implemented, the bike share program is also expected to increase bike commuter numbers. The Oregonian concludes by noting that “Portland’s strategic bike plan calls for 25 percent of all trips in the city to be made on a bike by 2030.”

A story posted this week by Atlanta television station WSB has a surprising – and good – connection to Portland. The station announced that it is sending one of its anchors to Portland to examine Tri-Met’s streetcar system “to learn how (Portland) handles streetcar safety.”

According to the report, tests of a new streetcar system in Atlanta may begin as early as this month but Atlanta “streetcar leaders told (WSB) a public awareness campaign is needed to avoid hundreds of accidents or even deaths.” The announcement followed word of a streetcar-related death in Philadelphia last week, according to WSB. Atlanta is a city that has long had a reputation for skepticism regarding public transportation. Though many Portlanders sometimes have an up-and-down relationship with Tri-Met, it is good to be reminded of the fact that Portland has long been one of the country’s leaders in green energy and innovative public transportation.

The article notes that Portland’s streetcar system, at 14.7 miles, is far more extensive than what Atlanta soon plans to launch The Georgia system will initially involve only 2.7 miles of track, according to WSB.

New York City’s new mayor, Bill de Blasio, unveiled a plan yesterday designed to eliminate pedestrian traffic deaths in America’s largest city. His proposals are worth looking at here in Oregon because they may contain lessons we can learn from here in Portland.

According to the New York Times, the focus of the initiative is stepped-up enforcement of existing laws combined with a proposal to lower the city’s speed limit from 30 to 25 miles per hour. “Our lives are literally in each other’s hands. Our children’s lives are in each other’s hands,” the mayor told a news conference Tuesday.

The strategy is called “Vision Zero” and is “adopted from a Swedish traffic safety approach that views all traffic deaths as inherently preventable,” according to the Times. De Blasio advocated these measures during his campaign last year, but they took on special urgency when New York “experienced a spate of traffic deaths, including three pedestrian deaths last month in fewer than 10 days” in the first weeks after the new mayor took office.

An item posted late last night on The Oregonian’s website offers details of a serious Washington bicycle accident involving a teenage rider in which a motorist faces assault charges and, potentially, drunk driving charges as well.

The paper, citing the Everett Herald, reports that a 52-year-old Everett man driving a pick-up truck “allegedly struck a teenage cyclist, launching the boy off a 30-foot overpass… the crash caused the victim, 16, to fall about 20 feet onto a hillside, police said. His body then tumbled an additional 10 feet down into the street.” The paper reports that the boy’s injuries include a possible broken neck – meaning that, while they are not, according to the paper, life-threatening, they could be life-altering for both him and his entire family.

The pick-up truck driver “told police he had been drinking beer or wine a few hours before the crash and believed he suffered a seizure.” The paper reports that when he was arrested at the scene the suspect “had trouble standing and could not easily move his hands. Officers said the suspect slurred his speech and had bloodshot eyes.” Bail for the suspect was set at $25,000, the paper reports.

Last week the New York Times carried an op-ed piece on the subject of urban cycling, particularly bike commuting, that managed to be thoughtful, funny and harrowing all at the same time. Topped by the provocative headline: “Is it OK to kill cyclists?” the article cites numerous recent instances of fatal bike accidents from around the country in which bike riders were killed by drivers who then were subject to only the lightest of punishments.

A 24-year-old riding inside a bike lane in San Francisco was killed by a truck making a right turn and police issued no citation. A Seattle area teenager who ran over and killed a cyclist in 2011 was “issued only a $42 ticket for an ‘unsafe lane change’ because the kid hadn’t been drunk and, as (the police) saw it, had not been driving recklessly.” As the article rightly points out: “Laws in most states do give bicyclists full access to the road, but very few roads are designed to accommodate bicycles, and the speed and mass differentials – bikes sometimes slow traffic, only cyclists have much to fear from a crash – make sharing the road difficult to absorb at an emotional level.”

The writer cites a friend who advised him that the best survival strategy was to assume “that every driver was ‘a mouth-breathing drug addict with a murderous hatred for cyclists.’” On one level that is not necessarily bad advice, but the tragedy is that in this day and age it is even necessary. With cycling now, as the article notes, $6 billion industry and an outdoor activity whose popularity is surpassed only by running this is a subject that resonates far beyond the our own streets in legendarily bike-friendly Portland – a fact made clear that even here we suffer several fatal Oregon bike and car crashes every year.

The death of a Portland bike rider on Barbur Boulevard last August has given new urgency to proposals to change the balance of cars and bikes along this important commuting artery.

As a recent article in The Oregonian outlines, an advocacy group, the Bicycle Transportation Alliance, is urging the ODOT “to put a harrowing section of the high-speed boulevard on a “road diet.” Essentially the group wants a northbound auto lane removed to make space for about two miles of buffered bike lanes and pedestrian paths in both directions of the critical north-south corridor.”

As one might expect many drivers are unhappy with this plan, citing the fact that, according to The Oregonian, ODOT relies on Barbur to relieve rush-hour traffic pressure on I-5. What is different about this dispute is the fact that commuting has emerged as the focus for both sides in this debate. Unusually for these sort of debates, the question is not one of balancing roadways against recreational bikeways but, rather, of balancing the needs of different types of commuters in a city that prides itself on its bike-friendly attitude. The paper reports that “nearly 800 bicycle commuters a day” travel along the route. For the cycling community Barbur is especially important as it offers a relatively flat route through hilly Southwest Portland.

A fatal car and bicycle accident in New Hampshire this weekend left two people dead and serves as a tragic reminder of the caution cyclists, unfortunately, must always take when riding on public roads.

According to reports by CBS News and the Associated Press, republished by Boston television station WBZ, police say a car “plowed into a group of bikers taking part in the annual Granite State Wheelmen” ride early Saturday morning. The 100-mile ride, known as a “century” in cycling argot, has been staged annually for 40 years and involved hundreds of riders according to the media reports, all of whom “were encouraged to follow the rules of the road as they encountered narrow colonial New England roads, steel decked bridges and weekend traffic.” Such events typically involve a significant amount of coordination with local law enforcement agencies to ensure that things go smoothly and that riders are able to travel safely.

In this instance, however, a south-bound vehicle driven by a 20-year-old man from nearby Seabrook NH “crossed over into the north-bound lane” hitting four cyclists, according to police sources cited by the news agency. The accident took place around 8:30 am on Saturday.

A recent report from NPR highlights how social media usage can become a factor in reckless and negligent driving cases. According to a report on the radio network’s website, “an 18-year-old California man stands accused of murder after law enforcement officials upgraded charges against him based on tweets and driving history.”

The accident at the center of this story took place in early June in northern California. The man was allegedly driving at more than 80 miles per hour in a 40 mph zone when he lost control of the car and hit a middle-aged couple who were riding in a marked “bike lane alongside Foothill Road, police say, in an area that is marked by a golf course and by large houses with swimming pools.” In other words: a residential area rather than a highway. The woman in the couple was killed in the accident and her husband was injured.

Citing reporting by the San Francisco Chronicle, NPR reports that the suspect stopped at the scene and “spoke with police” though he declined to give a formal statement. Last month he was arrested “on felony charges of vehicular manslaughter and reckless driving” but this was upgraded to murder, and the suspect’s bail revoked, after police took a closer look at his driving habits.

A report published this week in The Oregonian notes that a 39-year-old Portland garbage truck driver has been cited for careless driving. What makes this news item especially noteworthy, however, is the fact that additional penalties have been imposed on the truck driver under Oregon’s “vulnerable road user” law as a result of a July accident that left a bicyclist seriously injured. Though it has been on the books for nearly six years, the “vulnerable road user” provision is an essential protection for cyclists and pedestrians with which many Oregonians are still unfamiliar, so it merits our attention today.

First, the details of the Portland bicycle crash. As reported by The Oregonian, on July 12 the garbage truck driver hit the bike rider as the truck “turned left from Southeast 17th Avenue onto southbound McLoughlin Boulevard… Police said (the victim) was riding his bike southbound on 17th Avenue on the east side of the street and was crossing McLoughlin when the collision occurred.”

The bike rider “suffered traumatic injuries and was hospitalized. He has since been released from OHSU Hospital.” The driver cooperated with police in their investigation.

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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