Motor Vehicle Accidents

May 24, 2015

Bicycle Safety Promoted by New Design Guide

May is National Bike Month and to mark the occasion the US Transportation Department’s Federal Highway Administration (FHWA) has released a new set of guidelines designed to promote bike safety in cities and towns across the country.

Formally titled the “Separated Bike Lane Planning and Design Guide” the 147-page document is seeks, according to the official FHWA blog, to outline “planning considerations and design options for this innovative bike facility. It provides information on one and two-way facilities, outlines different options for providing separation.” The report goes out of its way to address “midblock design considerations” – meaning situations in which vehicles need to be allowed to cut across the bike lane to gain curb access – as well as offering advice on how to handle intersections (something Portlanders, with our city’s mixed history of success with bike boxes, know is one of the more tricky elements of bike infrastructure design).

As the news release goes on to state: “The guide builds on our current policy to provide pedestrian and bicycle accommodations and on our support for design flexibility. It will inform the USDOT’s ‘Safer People, Safer Streets’ initiative as well as our efforts to improve access to opportunity for everyone.”

May 20, 2015

Portland Car Accident Raises a Series of Potential Legal Issues

by Matthew D. Kaplan

A single-vehicle Portland car accident that killed one person and injured two others spotlights both the dangers of reckless and drunk driving and its broader legal implications, even when a second car is not involved.

According to a report earlier this week in The Oregonian a 29 year old man who was riding in the back seat of an SUV died when he was thrown from the vehicle during “a fatal crash Sunday night off Northwest Skyline Boulevard.” The paper reports that “the SUV rolled down a steep embankment toward the 6600 block of Meridian Ridge Drive where it struck a house and caught fire. Neighbors were able to extinguish the fire and no one in the home was injured.” The newspaper, quoting police, says that the SUV’s 39-year-old driver remains in an area hospital in critical condition. The other passenger, a 30-year-old woman, “was treated for her injuries and released” from the hospital.

As the paper notes, “while the cause of the crash remains under investigation… (police) said it appears that alcohol and excessive speed were both contributing factors.”

April 26, 2015

Bike Alliance Advocates for Safer Bridges

by Matthew D. Kaplan

A recent news release from Portland’s Bicycle Transportation Alliance announced a small but potentially very significant victory for bike safety in our city. “Thanks to coordinated advocacy work on the part of the Bicycle Transportation Alliance and Multnomah County’s Bicycle and Pedestrian Citizen Advisory Committee, fixes to heavy congestion and bike/pedestrian conflicts on Portland’s bridges may be on the horizon,” the BTA says.

The BTA reports that two important projects have been added to the county’s plans for infrastructure upgrades as part of the Willamette Bridge Capital Improvement Plan: a $1.4 million “planning study to identify bike/ped capacity improvements” and $32.6 million in overall design and construction improvements. Equally important, the BTA announced it had been formally informed by the county that these particular projects “have been moved to a timeline that better reflects their urgency” – meaning that cyclists may see progress within five years, as opposed to the six to ten year timetable originally anticipated.

The plan now goes to the Multnomah County commissioners for consideration next month. Sounding a cautionary note, however, the BTA warns that “if it is passed, the next challenge will be to identify funding that will pay for these two projects.”

April 22, 2015

Oregon Distracted Driving Study Shows Problem at All-Time High

by Matthew D. Kaplan

A recently published Oregon State University study demonstrates dramatically that interactive efforts to educate teens about the dangers of distracted driving are far more successful than passive efforts. However, the study also showed that among younger drivers the problem is just as serious as anecdotal evidence would suggest, and that the focus on texting may be diluting the larger message about the risks of Oregon distracted driving.

According to a summary published by EurekAlert, a PR website, the OSU study found that “while many young drivers understand the risks of texting… they are much less aware of other concerns that can be real – eating, drinking, talking on a cell phone, smoking, adjusting the radio, changing a CD, using a digital map and other controls.” The article adds that in addition to a lack of experience behind the wheel “young drivers also have a higher risk tolerance, use seat belts less and choose higher speeds.”

These findings are, perhaps, unsurprising (though the finding that “27 percent of respondents changed clothes or shoes while driving” was a bit eyebrow-raising), but it is good to see data backing up what many people have long believed based on anecdotal observation. The highlight of the study is its conclusion that young drivers react best to safety training that is “interactive” – training that requires young people to do something rather than simply passively watching a film or listening to a lecture. Interactive training, the study found, was far more effective in reinforcing both the importance of safe driving habits and the bad habits which everyone should avoid.

April 8, 2015

Pedestrian Safety Program Moves Forward in Area East of I-205

by Matthew D. Kaplan

An article last week in The Oregonian spotlighted efforts to improve pedestrian safety and prevent pedestrian and car accidents in the areas east of Interstate 205. According to the newspaper, in the last year the city has embarked on a $1.75 million program “to build 17 beacons at dangerous pedestrian safety crossings.”

The article quotes State Representative Shemia Fagan, who it describes as the driving force behind the project, calling the beacons an important safety improvement in a part of our city where news all too frequently is “sad, or scary or downright tragic.”

In the year since Fagan began pushing the issue only five of the planned 17 beacons have been installed (the first of the two links to The Oregonian provided below will also take you to a map which shows both where beacons have already been installed and locations where they are planned). The locations, which the newspaper describes as “problematic intersections”: “were identified and prioritized through the East Portland In Motion plan… a community process approved in 2012.” Funding for the project comes from the state.

March 31, 2015

Oregon Car Accident Sidelines Competitive Cyclist

by Matthew D. Kaplan

A recent article in the Keizer Times highlighted the story of a local man who is struggling to recover after an Oregon bicycle accident involving a drunk driver. According to the newspaper the 59-year old “had plans to compete in some bicycle competitions this summer,” instead he is now working to recover from extensive injuries as he and his family look for a longer-term rehab facility.

The newspaper reports that the accident took place March 14 when the cyclist was riding “near Antelope in Central Oregon.” Citing a State Police report, the paper says a 56-year-old woman “was driving a 2007 Toyota Tundra and pulling a trailer westbound on Highway 218 in Wasco County when the right side of her pick-up hit” the bike rider. The driver left the scene of the accident and was later “arrested and charged with driving under the influence of intoxicants, failure to perform the duties of a driver, reckless driving and second-degree assault.”

The cyclist was initially taken to a local hospital and later moved to a different hospital in Bend. He suffered “four broken ribs on the left side, several breaks in his lower left leg, a broken left scapula (shoulder blade), a cut on the left side of his temple and a concussion,” according to the Keizer Times. A friend describes him as “recovering as well as can be expected.”

March 27, 2015

Oregon Distracted Driving Crash Leads to Woman’s Arrest

by Matthew D. Kaplan

The Oregonian is reporting that an arrest has been made in one of the most egregious Oregon distracted driving cases in recent memory. According to the newspaper, a 23-year-old Gresham woman is now under arrest after “taking video on her cellphone when she drove into three teens in a crosswalk outside their high school.”

Further investigation showed that at the time of the Oregon pedestrian accident the driver did not have her hands on the steering wheel. Perhaps even more shocking is the revelation that the driver appears to have been taking a video of her own son at the time of the accident. “A 19-second-long clip… shows the 23-year-old with the device in her left hand and making gestures at her son in the back seat with her right hand just before she hits three girls outside Centennial High School on Jan. 15,” the paper reports.

According to the newspaper “the three injured girls, between 14 and 15-years-old, survived the crash” though all three were seriously injured. The accident took place in January and The Oregonian reports that the driver remained at the scene of the accident and cooperated with law enforcement. She has now been charged with “third-degree assault, reckless endangering and reckless driving.” Witnesses reported the driver was traveling at nearly 40 miles per hour when she struck the three pedestrians.

March 19, 2015

Portland Crosswalk Death Turns Spotlight on Trucks, Again

by Matthew D. Kaplan

Last week Portland suffered yet another tragic and preventable crosswalk death. The fact that this fatal Oregon traffic accident also involved a truck making a turn merely highlights the ongoing issue of pedestrian safety that I have written about so frequently.

According to The Oregonian a 61-year-old man from Northeast Portland “was using his three-wheeled wheelchair scooter in a marked crosswalk when a turning truck struck him.” It quotes a Portland police spokesman confirming that as the victim “crossed with the ‘walk’ signal, an eastbound truck turned south onto Naito Parkway and struck him.” The newspaper reports that the man died the following day at Legacy Emanuel Medical Center. The truck driver is reported to be cooperating with police.

There are a number of potential legal issues raised by this Oregon traffic accident. As is often the case in a death under these circumstances the possibility of a wrongful death action exists. It is worth considering whether there is a product liability issue involved in this incident. Considering the sheer number of automotive product recalls over the last year it is worth exploring whether the truck involved in this fatal Oregon traffic accident may have been – or ought to be – subject to a recall.

March 9, 2015

Legislature Improves Protections for Oregon Motorists

by Matthew D. Kaplan

Governor Kate Brown is considering whether or not to sign a bill improving protections for car drivers. The choice she faces is one between protecting consumers involved in Oregon car accidents and protecting the insurance industry.

The legislation, formally known as Senate Bill 411, is designed “to ensure that Oregon auto insurance consumers can actually use liability coverage they pay for every month,” according to a news release by the Oregon House Democratic Caucus. It closes a loophole in current law under which properly-insured drivers who suffer injuries at the hands of an underinsured motorist often find that “the at-fault driver’s insurance (a minimum of $25,000) is subtracted from the victim’s Underinsured Motorist Coverage – for a half-million Oregonians this means they’ll never be able to access the full coverage they’re paying for.”

According to the Oregon House majority’s news release, “SB 411 will allow injured motorists to add their uninsured motorist coverage on top of the at-fault driver’s liability coverage so injured consumers get the coverage they paid for. The bill also ensures that Personal Injury Protection policyholders are able to recover their total damages first, before the insurance company.”

February 28, 2015

Oregon Car Crashes May Lead to Rethink of Teen Driving Laws

by Matthew D. Kaplan

The deaths of three teens in three separate Oregon car crashes earlier this month is leading some observers to call for a rethinking of the state’s teen driving laws, according to The Oregonian.

“In 1999 the state passed a graduated driver’s license law for people under 18, requiring a period of supervised driving and a six-month ban on having other teenagers in the car,” the newspaper notes. Over the first eight years that the law was in effect the result was a dramatic fall in the rate of fatal car crashes involving Oregon teenagers. “The number of crashes involving teen drivers plummeted 29 percent, from 6001 to 4279,” according to the newspaper.

The recent accidents, however, highlight another trend: the fact that accident rates among teens are slowly rising again, leading some analysts to wonder whether the 1999 law has reached the limits of its effectiveness. The newspaper quotes a senior official from the Oregon Department of Transportation saying “with things leveling off, the question from a legislative point of view is what’s the next step? What else can we do?” As a result, according to The Oregonian, the ODOT is urging “lawmakers to put stricter limits on when drivers under 18 can have other teens riding along.”