Motor Vehicle Accidents

May 7, 2011

Oregon Legislature Seeks to Close Loophole in Distracted Driving Law

Legislators in Salem hope to close what has emerged as a significant loophole in Oregon’s year-and-a-half-old distracted driving law. As almost everyone knows by now, talking on a cellphone while behind the wheel is illegal in Oregon unless one is using a hands-free device.

As The Oregonian details, however, many judges are taking a broader view of one particular provision of the 2009 law than its authors intended. The Oregon distracted driving law contains an exception “allowing drivers to go on talking on their handheld cellphone – as long as they are driving for work and ‘acting in the scope’ of their employment,” the paper notes.

The legislators who wrote the law tell The Oregonian their idea was “to make exceptions for police, firefighters and others who truly need to make calls on the move.” As it turns out, however, courts have given that phrase a much wider interpretation. In many places, its effect has been to give a free pass to anyone who simply tells the judge they were making a work-related call. As a consequence, some police officers tell the paper they have stopped even issuing distracted driving citations to anyone who claims when pulled over to have been on the phone for work.

May 3, 2011

Now, Some Good News About Tri-Met

by Matthew D. Kaplan

After a year marked by bad news – fatal crashes; official reports indicating that safety needs to be improved – it is refreshing to encounter a story about Tri-Met that makes you feel good.

According to The Oregonian, a Tri-Met train driver’s quick thinking saved the life of a woman who had fallen onto the tracks last week. What could have turned into a disastrous Portland transportation accident was averted, the paper reports, mainly because train driver Arthur Beardsley “knew the Willow Creek stop in Hillsboro can be ‘a scary area.’” As a result, he was already approaching with caution when a woman fainted in front of his oncoming train.

Trains, as the article notes, can take a long time to stop. Large freight trains can easily travel over a mile after the brakes are applied before they begin to lose momentum. Even light rail cars, like the trains commuters use here in the Portland area, normally take about 600 feet to stop, according to The Oregonian. In this case it was only Beardsley’s unusually slow approach to Willow Creek that averted an otherwise certain tragedy.

April 26, 2011

Portland Man Convicted in Fatal Drunk Driving Crash

by Matthew D. Kaplan

A Clatsop County court has convicted a 45-year old Portland man in a case stemming from a fatal drunk driving car crash last year, according to The Oregonian.

The case of Ken Middleton’s Portland fatal car crash is particularly shocking not only because of the sheer amount of alcohol he consumed in the hours leading up to the accident, but also because he got behind the wheel so completely intoxicated despite having his own 13-year-old daughter riding with him. The Daily Astorian reported that Middleton, at his trial, “admitted he had consumed at least 12 beers that day.” His daughter, mercifully, “suffered only minor injuries,” according to The Oregonian.

In addition to Oregon drunk driving Middleton was convicted of manslaughter, second-degree assault and three counts of reckless endangering, The Oregonian reports. The manslaughter charge stems from the death of Andrew Church, a motorcyclist whom Middleton struck head on when he drifted over the centerline as he and his daughter drove along US-30 in Astoria last May.

April 21, 2011

Three Vehicle Salem Car Wreck Kills One

by Matthew D. Kaplan

Police are investigating the circumstances of an Oregon car crash involving two pick-up trucks and a semi-trailer that left one of the pick-up drivers dead, according to The Oregonian.

The accident took place last week in Dallas, west of Salem. According to the newspaper, a pick-up driven by a 58-year-old Grand Ronde man drifted across the centerline mid-evening on Oregon Route 22. The pick-up and semi-trailer collided, killing the pick-up’s driver. According to the Salem Statesman-Journal, another pick-up following behind the big rig was unable to take evasive action and rear-ended the larger truck.

The driver of the semi was injured in the Central Oregon truck accident and was taken to a local hospital. His injuries were not reported to be serious. The driver of the second pick-up was uninjured, the paper reported. Oregon 22 was closed for several hours while the Oregon State Patrol and local police launched their investigations of the accident.

April 19, 2011

Road Rage Leads to Drunk Driving Arrest

by Matthew D. Kaplan

A story from Northern California offers a vivid reminder for us here in Oregon that drunk driving can lead to all kinds of trouble above and beyond car crashes. According to a recent account in the Red Bluff Daily News, a man is now in prison after what appears to have been an alcohol-fueled road rage incident on Interstate 5.

The paper reports that the alleged incident unfolded after a 21-year-old driver passed a car on the right. That vehicle was driven by 66-year-old Warren Hawkins. The younger driver reportedly went around Hawkins after driving behind him for some time in the fast lane where Hawkins was reportedly traveling several miles per hour below the speed limit.

Hawkins allegedly responded by first pulling alongside the younger man “yelling and making hand gestures,” and then attempting to side-swipe him twice. He then moved back behind the 21-year-old’s vehicle so that he could ram it – again, twice. The paper reports that Hawkins next followed his alleged victim when he exited the interstate, making a u-turn in an intersection and then coming “back the wrong way… before swerving left to complete a circle” around the younger man. The out-of-control driver was reportedly shouting “death threats out an open window” when police arrived on the scene.

March 28, 2011

Washington Train Accident Trial Raises Wrongful Death Questions

by Matthew D. Kaplan

A trial now underway in Washington is raising serious questions about railway safety. According to TV station KGW, the Longview, Washington trial focuses not only on safety policies at the Burlington Northern Santa Fe Railway Company, but on how carefully those policies are enforced.

The Washington rail crash trial stems from “a collision between a train and a shuttle van in which three people were killed and a forth was critically injured,” the station reports. At issue is a BNSF policy of parking all stationary trains at least 250 feet from a rail crossing. The victims in this particular case died after being struck by a train that apparently could not see their van as it crossed the tracks because another train was parked only 50 feet from the crossing, blocking the engineer’s view.

One complication facing the victims’ families, however, is the fact that the incident took place on the railway company’s property, where laws designed to protect the public at public crossings do not have effect. Private crossings, such as those on company property, have “no requirements for lights or a crossing arm,” the paper reports.

March 26, 2011

Portland Bicycle Crash Leads to Charges Against Driver

by Matthew D. Kaplan

A Portland man faces the serious charge of second-degree assault after an alleged attack on a Portland bike rider that resulted in an Oregon bicycle accident, according to The Oregonian.

The incident took place early Tuesday morning as Joe Santos, a Portland police sergeant, was riding his bike to work along Northwest Cornell Road. Santos told investigating officers after the incident that an SUV nearly hit him, then, inexplicably, “about a block later, the driver stopped so suddenly that Santos had to veer into oncoming traffic.” Santos “slapped” the SUV to try to alert it to his presence, and was rewarded with the car abruptly stopping, going into reverse and trying to hit him. When Santos tried go grab his bike and flee to the safety of the sidewalk the SUV allegedly went after him yet again – hitting the bike, but missing the rider.

Fortunately Santos, though shaken, was able to get the license plate of the SUV. Later that day police took a suspect into custody, the newspaper reports, citing police sources.

March 24, 2011

Tragic Oregon Bike Accident Leads to Changes on Dangerous Road

by Matthew D. Kaplan

The state department of transportation plans to address issues raised by the death of a cyclist in a Portland bicycle accident last December on a notoriously dangerous stretch of SW Barbur in Southwest Portland.

As I noted in a post last December, the issue most recently came to public attention with the death of 26-year-old Angela Burke. Burke was struck by an allegedly drunk and stoned driver as she rode along a section of SW Barbur that is notorious among local cyclists as one of the scarier stretches of road in Greater Portland. According to media reports at the time the driver who hit Burke was traveling at approximately 75 mph in a 35 mph zone.

According to Bike Portland, the ODOT plans to install four beacons along the most dangerous stretch of road: the crossing points near the Rasmussen apartments where a crosswalk straddles the road very close to a potentially dangerous bend. The website quotes an ODOT spokesman who notes that “the speed of the vehicles and the curve” make the crossing “a real challenge.”

March 21, 2011

Oregon Truck Accident Hospitalizes Two

by Matthew D. Kaplan

An Oregon truck accident on Interstate 84 closed the road for several hours last week and sent two people to the hospital, though its most notable feature may have been that it was not even worse than accident reports indicate.

According to the Associated Press the Oregon semi-truck accident began when a driver fell asleep at the wheel around 1 am while traveling west on I-84. The news agency reports that the truck then “rear-ended a tow truck with a car in tow” on the dark road.

The truck driver and the owner of the car (who was riding in the tow truck) required hospitalization following the accident. The driver of the tow truck was not injured. According to the AP, the driver of the semi received a citation for “careless driving.”

March 11, 2011

Fatal Oregon Truck Accident Kills Driver

by Matthew D. Kaplan

A truck driver from California died last week in an Oregon truck accident on I-84 near Rufus, east of Portland, according to The Oregonian.

The victim, identified by police as Lino Domingo Lopez-Hernandez, died as a result of an unusual chain of events that began with a blowout on his own vehicle. Sorting out any resulting Oregon personal injury or wrongful death claims that may eventually arise from the accident is likely to be a complex business.

According to the newspaper, the accident began to unfold shortly after midnight last Thursday as Lopez-Hernandez was driving his big-rig west on I-84. The truck lost two tires and an axel for reasons that remain unclear. Lopez-Hernandez immediately pulled over. He was walking along the side of the road looking for the missing pieces of his truck when a pick-up, also traveling in the westbound lane, hit the truck debris, hurling it into Lopez-Hernandez. “The flying debris sent him over a guardrail and about 200 feet down an embankment, where authorities found his body,” The Oregonian reports.