Articles Posted in Motor Vehicle Accidents

A recent article in The Oregonian recounts the story of a 13-year-old Gresham girl severely injured late last month while she and a friend were crossing the street on their way home from school. According to the newspaper the seventh grader and a friend were using a marked crosswalk when a 44-year-old Gresham woman “ran a red light and hit the girls” with her delivery van.

One of the girls “suffered a significant brain injury and several fractures.” The eventual extent of her recovery remains uncertain. The other child was less seriously injured and has been released from the hospital.

The newspaper reports that friends of the severely injured girl’s family have set up a crowdfunding page to help them cope with what are likely to be years of significant expenses in the wake of this Oregon reckless driving crash involving injuries to two children (The Oregonian’s story below includes a link to the GoFundMe page).

A single-car crash last weekend near Arlington is drawing attention to the laws and legal issues surrounding seat belt use here in Oregon.

According to a report in The Oregonian the Interstate-84 fatal Oregon car crash took place in the early hours of Sunday morning, near milepost 132 when a 1999 Chevrolet SUV traveling in the westbound lane “for unknown reasons… left the roadway and crashed through the guardrail on the north side of the freeway.” The vehicle’s driver “was taken by Life Flight to Kadlec Regional Medical Center in Richland, Washington, and he died on the way, according to state police.”

The vehicle also was carrying a passenger, a 23-year-old Portland man. According to the newspaper he was taken the OHSU hospital where he was admitted in critical condition.

An article published this week in the New York Times outlines what many of us have long suspected: distracted driving, the paper writes, “by just about any measure, appears to be getting worse. Americans confess in surveys that they are still texting while driving, as well as using Facebook and Snapchat and taking selfies. Road fatalities, which had fallen for years, are now rising sharply, up roughly 8 percent in 2015 over the previous year, according to preliminary estimates.”

It quotes the head of the National Highway Traffic Safety Administration saying “radical change requires radical ideas,” and then goes on to offer some striking examples. The most unique, proposed by legislators in New York “is to give police officers a new device that is the digital equivalent of a Breathalyzer – a roadside test called the Textalyzer.”

As the Times outlines, an officer would collect phones from drivers and passengers and use the device “to tap into (each phone’s) operating system to check for recent activity.” The answers provided by the machine would determine not only whether the driver had been texting but also whether he or she had violated New York’s hands-free laws (the oldest in the nation) in any other way. “Failure to hand over a phone could lead to the suspension of a driver’s license, similar to the consequences for refusing a Breathalyzer,” the paper reports.

According to a recent article in The Oregonian “the city had, as of Friday (April 1), tallied 12 traffic fatalities so far in 2016, compared with seven over the same period last year. Five of those killed were walking when they were hit by a car, and one was riding a bike.” This raises a clear and obvious public policy question: what is the best and most efficient way to fix this situation? Yet according to the newspaper, millions of dollars in federal funds that could be used for essential pedestrian and bicycle infrastructure upgrades are likely to be directed toward other priorities.

As The Oregonian reports: “The debate focuses on a $130 million pool of (federal government) money that comes with few restrictions and can be awarded by Metro over three years to a variety of transportation projects.” Specifically, the question is whether to focus those funds on upgrading pedestrian and bicycle safety infrastructure or to direct it toward other projects, notably mass transit. The money, “known as regional flexible funds, is important to bicycle and pedestrian advocates because most federal funds are earmarked for road or transit projects. The pool is expected to grow by $17 million compared with the last three-year cycle,” the paper writes.

The current plan is to direct most of that money toward “new high-capacity transit lines being planned connecting downtown Portland to Gresham and Tualatin.” There are, however, two strong arguments for focusing the money, instead, on safety upgrades for pedestrians and cyclists. First, those increased fatality statistics, which indicate a serious and rising problem here in the city. Second, the fact that because the sum – $17 million – will go much further and have a more dramatic effect if focused on pedestrian and bike projects. These tend to be small and inexpensive when compared with rail or highway-building which can cost tens of millions of dollars per mile.

Two separate Oregon truck crashes involving three semi-trucks on the same stretch of eastbound Interstate-84 last week left one driver dead, the other two seriously injured and forced state officials to clean up a hazardous waste spill. In the process, these Baker County truck crashes highlighted the continuing danger large vehicles pose on our roads and highways.

According to The Oregonian the two semi-truck accidents took place about half an hour apart on Tuesday morning of last week. The first crash involved a rollover that resulted in the driver, a Gresham man, being taken by helicopter to a hospital in Idaho, according to the newspaper. The Oregonian reports that the 34-year-old driver “was traveling east on Interstate 84 at milepost 349 when he veered off the interstate and into the median. He drove back onto the interstate where the semi overturned and blocked both eastbound lanes.” The paper quotes state troopers saying they do not know what caused the first truck to leave the road.

The second accident occurred as traffic backed up behind the first. A truck “transporting Aluminum Oxide Powder UN3175, a hazardous material, rear-ended a truck that was already stopped in traffic behind the first accident. The containers leaked and a clean-up operation was undertaken,” according to The Oregonian. The newspaper added that between the accidents and the hazardous material spill, the effected section of the Interstate was closed for about nine hours.

A recent article in The Oregonian outlines a quiet revolution that has been taking place among first responders here in Oregon. According to the newspaper, in the months since Multnomah County EMT teams began using CPR machines as an everyday part of their work officials say the results have been exceptional, making them a key asset in the fight against deaths from Oregon traffic accidents.

The Oregonian reports that the county’s EMS medical director “believes mechanical CPR is as good or better than the hands-on version.” Where it particularly shines is in a moving ambulance, where anecdotal evidence indicates that it is almost always an improvement over humans attempting to administer CPR with one hand instead of two as they struggle to maintain their balance. Multnomah County has put 16 CPR machines into service since last fall and “plans to add 12 more by the end of the year, officials said” making it by far the largest user of the machines in Oregon.

Though there are several different models on the market, the most common design “consists of a backboard that’s slipped under the patient, a U-shaped device that’s affixed over the patient and (a) plunger attached to a suction cup that sticks to the chest – pushing it down and pulling it back up. The whole thing fits in a duffel bag… and can perform CPR while a patient is being moved on a stretcher or simultaneously with a defibrillator.”

Pedestrian deaths around the country rose sharply last year, according to data compiled by the Governors Highway Safety Association and recently published by CityLab, a blog that is part of The Atlantic magazine. The news is troubling, and perhaps even a little counter-intuitive and should prompt officials at every level to look more closely with how we design our roads and streets.

The group “estimates that the number of pedestrians killed in traffic increased 10 percent from 2014 to 2015 in the US. That number, based on preliminary data reported by all 50 states and the District of Columbia, is in line with a longer-term trend: From 2009 to 2014, pedestrian fatalities increased by 19 percent, even as total traffic deaths declined over that same period.”

According to the GHSA the highest pedestrian fatality rate is 3.55 per 100,000 people in New Mexico. Minnesota is the safest state for pedestrians with only 0.27 fatalities per 100,000. Oregon, at 1.44, comes in a little better than the national average of 1.53 while Washington State is significantly better at 1.06. (all figures are for 2014)

The scandal surrounding defective auto airbags manufactured by the Japanese company Takata got worse this week. According to a story just published by the New York Times “Honda Motor Co. said Friday that it would recall 5.7 million cars worldwide in the latest round of recalls involving Takata Corp. air bag inflators that can explode and hurl shrapnel into the vehicle.”

The paper reports that about 2.2 million of those vehicles are here in the United States. That’s on top of the 24 million units from Honda and other companies that were already on the recall list in the United States alone – and tens of millions more worldwide. It is a scandal that has only grown over the last year. According to the Times 11 deaths and at least 139 injuries have been inked to the shrapnel-laden airbags..

The latest recall notices came just days after senators Edward Markey of Massachusetts and Richard Blumenthal of Connecticut “called on the Obama administration in a letter to force the recall of every Takata airbag that uses a propellant that contains a compound called ammonium nitrate, which can degrade over time and become unstable,” according to a separate Times article published earlier in the week.

A recent blog posting at the Bike Portland website highlights a decision by the city’s Development Commission to spend $88 million to purchase the main downtown post office building (the post notes that the main postal sorting facility is expected to relocate from downtown “to a site near the airport”). That might not seem like it would have an immediate effect on the cycling community, but its impact could be far-reaching.

As the advocacy group outlines, when the post office’s local headquarters moves out of the city center “hundreds of daily truck trips will vanish from the Pearl District area… and the street grid between the north Pearl and the Willamette River will connect for the first time in more than 50 years.” That development alone could have a huge impact on the number of bike accidents in central Portland.

Looking more broadly, the group believes the project will mean better biking connections to the Broadway Bridge. The group also states that “in addition, the bike lanes on Broadway and Lovejoy are due to be upgraded to protected bike lanes.” The proposal is part of a larger plan to create a “Green Loop” consisting of “low-stress bikeways circling the central city” and a large public plaza in front of Union Station. In short, it is a plan that ought to make our famously bike-friendly city an even better place to walk or cycle.

I have often written about the fact that we tend to think of distracted driving as something that teens and 20-somethings are especially prone to, despite a growing body of evidence identifying this as a problem that affects every age group.

The latest reminder that this is not just a young person’s issue comes from Greenhouse Management magazine. Under the headline “It Can Wait – Even the Job” the magazine offers some pointed advice: “business owners, CEOs, managers and other figures in the corporate world are slower on the uptake than they should be” at a time when for many of us the demands of the office are such that “daily tasks, such as driving to work, can easily become an afterthought when an important call, text or email comes in.”

The article also raises an noteworthy legal point: “Although it is commonly assumed that employees using personal cellphones in their personal vehicles are liable to nobody but themselves in the event of a crash, (President of consulting firm OperationsInc David) Lewis said the argument could be made that employers are responsible for how and when their employees take and return business calls and messages.” As an Oregon distracted driving lawyer I agree with this analysis. It is a basic principle of law that employers are responsible for what employees do during the course and scope of their jobs.

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