Articles Posted in Pedestrian Accidents

Portland is a place with a lot of pedestrians. Some people eschew horsepower for foot power to help the planet, others do so to take in the beautiful sights and sounds of the city, while still others do so out of financial necessity. Whatever the reasons, Portland pedestrians should be safe as they traverse the city’s roads. Too often though, that doesn’t happen. Sometimes, it’s the result of a negligent driver. Other times, hazardous conditions on and around the road play a role. Whatever the specifics of your case, an experienced Portland pedestrian accident lawyer can help you at all steps in the process, from investigating the accident scene to the resolution of your case.

Oregon Route 213 is known by many names, including Lancaster Drive, Silverton Road, and Cascade Highway. However, Portlanders know Route 213 better as 82nd Avenue.

Following a recent unanimous vote of the City Council, the City of Portland will take ownership from the state of a seven-mile stretch of 82nd Avenue that runs through East Portland from the international airport to the city’s southern boundary, Oregonlive.com has reported.

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Getting everything that you’re owed after you’ve been seriously injured (or a loved one has been killed) in a vehicle accident can involve a long list of battles. Some of those battles may involve taking on your own auto insurer when they seek to avoid paying what they should. Whether you’re taking on an at-fault driver’s legal team or you’re taking on your insurance company, it pays to have an experienced Oregon auto accident lawyer on your side fighting these battles with you.

These battles can be especially important — and especially challenging — when your accident presents a need for a large sum in compensation.

A recent case involving several people injured in auto accidentsBatten v. State Farm Mutual Auto Insurance — makes for a good example of what we mean. One of those injured people, T.B., was severely hurt in a head-on crash. A different driver hit J.C. while he rode his bicycle, causing injuries that eventually killed him. Another driver hit the car in which L.C. was a passenger, causing severe injuries, and C.R. was a pedestrian severely injured when a fourth driver hit him.

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Here in Portland, an average of more than 5 people died in traffic crashes each month in 2021. Statewide, that number was nearly 50 per month. With more than 580 people dying on Oregon’s roads each year, that leaves hundreds of families harmed as others’ negligence resulted in the wrongful death of their loved ones. This means years of pain and anguish, a lifetime of lost companionship, and a lifetime of lost support. The totality of the damage to your family can be massive, and our Oregon wrongful death lawyers are here to help.

Even here in 2022, the fatalities continue apace. Just last Wednesday, a Willamette Valley man died in a pedestrian accident. Emergency responders indicated that, shortly before 8:00 am, an 84-year-old man behind the wheel of a Dodge pickup truck collided with a 61-year-old man on foot northeast of downtown McMinnville, according to a KPTV report.

Here in Portland, pedestrian deaths in 2021 totaled 27, the highest number in 50 years, according to a report from The Oregonian. The total number of traffic deaths in this city jumped from 54 in 2020 to 63 last year. Statewide, the number jumped from 483 in 2020 to 581 last year.

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The Oregonian reported this week that Portland has lowered the speed limit along a 5.5 mile stretch of 122nd Avenue which it describes as “one of the city’s most dangerous roads.” The speed limit reduction from 35 to 30 mph will apply from the intersection with Northeast Sandy Boulevard to the intersection with Southeast Foster Road.

“The reductions mark the latest changes in what’s been a years-long attempt to reduce speeding on neighborhood streets and bust arterials,” the paper notes. It is especially important because “four of the city’s top-ten most dangerous intersections are on 122nd Avenue.”

The Oregonian reports that 54 people died in Portland traffic crashes last year, “the most since 1996.” That statistic highlights an important fact that can often get lost in discussions like this. Though we tend to think of car crashes as high speed incidents, even accidents at the 35 mph, which few Americans think of as a fast driving speed, can be lethal. A Dutch study republished by the US Federal Highway Administration (see link below) dramatically illustrates the relationship between speed and fatality in traffic accidents, especially those involving pedestrians. The study found that once the impact speed passes about 20 mph the fatality risk for pedestrians increases exponentially.

Two articles published last month in The Oregonian should be drawing our attention to safety issues for pedestrians on Portland’s streets.

Earlier this week the newspaper reported that “more than one-quarter of the pedestrians killed on Portland streets during the last five years were 65 years or older, according to city figures.” It notes that this represents “a dramatic increase from levels seen in recent years.” This followed an article earlier in the month that detailed a rise in traffic deaths in the city even as numbers are falling statewide.

The data related to deaths among elderly pedestrians is particularly alarming. The newspaper writes that roughly 12 percent of Portland’s population is age 65 or older, yet people in this age group account for 16 percent of overall traffic deaths and a shocking 26 percent of pedestrian fatalities. Critically, this is not a short-term anomaly. Those numbers cover the four-and-a-half year period beginning in January 2015, a time-frame during which the city says it has been actively working to reduce traffic fatalities, especially among pedestrians and cyclists. The article also notes that since 2010 more elderly Portlanders “died walking (28) than while driving or in a motor vehicle (23).”

One might have thought that buses – some of the largest vehicles navigating Portland’s streets on a day-to-day basis – are fairly hard to miss. TriMet, however, is experimenting with bright rooftop lights designed to make them easier to see, according to The Oregonian. “The transit agency quietly rolled out the ‘amber safety lights’ in April and, so far, 30 buses are equipped with the light bar. It’s considering installing the devices on all its buses,” the newspaper reports.

The Oregonian, citing TriMet data, writes that “buses log roughly 73,300 miles on a daily basis. In April, TriMet registered 49 collisions involving buses, 25 of which were non-injury crashes involving cars or trucks.” Put another way, that means that TriMet is averaging almost one injury crash per day systemwide. Portland is a large city and there is always going to be a human element involved, but a system in which someone gets hurt every day clearly has more safety work to do.

So, at a basic level, we should all welcome any effort by TriMet to cut its accident rate. The newspaper’s article reports that the lights on the busses are extremely hard to miss, and notes that the cost of installing then is relatively slight – less than $500 per vehicle. Considering the number of bus accidents I have reported on in this blog over the years we can probably all agree that anything which improves safety is a good thing.

In many ways it is a small thing: the installation of tiny sensors on lampposts, first at a few key intersections and, later, around much of the city. But the Portland Bureau of Transportation believes that what it calls “Smart City PDX” is an essential step toward making the city safer for everyone who walks, bikes or drives a motor vehicle.

As outlined in a recent article in The Oregonian, the initiative initially will involve “installing 200 sensors along three high-crash corridors on the city’s eastside… The traffic  sensors will provide real-time 24/7 data to transportation staff, giving bureaucrats accurate information on the number of cars or pedestrians crossing a road at a given time and how fast people are driving.” This is in contrast to the city’s traditional reliance on “volunteers or infrequent traffic surveys” to collect similar information.

The Oregonian notes that the project is scheduled to last for 18 months, but it is easy to envision a situation in which this kind of data collection is expanded and becomes a regular part of the city’s planning process. Considering the number of accidents we have seen in recent years involving pedestrians and cyclists, any improvement in the data surrounding our streets is to be welcomed. The paper quotes the head of the PBOT saying that the information gathered through this project “will help city leaders ‘improve street design’ and make streets safer for all.” According to The Oregonian as of mid-June “at least 17 people have died on Portland streets in 2018.”

A recent analysis by NPR News is drawing attention to a traffic safety paradox. Pedestrian deaths nationwide are at near-record high levels and the reason may partly be because of advances in auto safety.

“After two years of marked increases, the number of pedestrian fatalities in the US is holding steady with nearly 6,000 pedestrians killed in 2017, according to estimates from the Governors Highway Safety Association.” NPR writes that these numbers, are “tapering off” over the last year or so but remain at a near 25-year high. Moreover, these high numbers come “as deaths from other types of traffic fatalities are dropping,” a situation that analysts attribute to improved vehicle safety technology. These, NPR writes, “make crashes safer for people inside cars – but just as deadly for pedestrians.”

We all know that cars are far safer than they were a generation or two ago. Better construction, anti-lock braking systems, air bags, more advanced seat belts and better child seats (along with laws requiring drivers and passengers to use them) have all made surviving a crash far more likely. But outside the car things are very different. Cyclists are far more likely to wear helmets than they were 20 or 30 years ago, but in the case of a serious crash involving a bike and a car that may not make much difference. Pedestrians, as NPR notes, are just as likely as they have always been to die or suffer serious injury when hit by a car.

Earlier this month the Portland City Council voted to approve “reducing the speed limit on all residential streets to 20 mph,” according to a statement issued by the city’s Bureau of Transportation. Street signs – and with them the speed limit street by street – will begin changing next month. The PBOT statement says it expects “to complete the process by April 1.”

Lest you think this is a minor thing, by the PBOT’s own reckoning “residential streets make up around 70 percent of Portland’s street network and a large proportion of the city’s total space… Most residential streets in Portland are narrow, have few marked crosswalks, and no bike lanes; given the tight space and lack of protection for people walking, using mobility devices, and biking it is important that people drive slowly on residential streets.”

The new lower speed limit is the latest element of the city’s “Vision Zero” plan – a series of initiatives launched in Portland and other cities around the country with the goal of eliminating pedestrian traffic deaths.

One of the deadliest stretches of road in our city will see radical changes beginning today. According to The Oregonian automated speed cameras “will be activated along the 3/4 –mile stretch of Southeast Division Street between 148th and 162nd avenues.” This comes just four days after the city council voted to lower the speed limit along a broader stretch of the road, running from Southeast 87th Avenue to 154th Avenue.

While the speed limit cameras have been in the works for some time (a state law approving their use was passed in 2015) the choice of Southeast Division as the site for one of the first sets installed is evidence of how much of a problem this stretch of road has become. Last week The Oregonian quoted Dan Saltzman, the City Commissioner who oversees the Portland Transportation Bureau, referring to Southeast Division as “a death corridor.” The newspaper noted that of Portland’s 44 traffic fatalities last year five took place on this one stretch of road. The 2016 tally of fatal Portland auto accidents was the highest since 2003, and the concentration of so many deaths in such a small area made a strong case for action.

According to KGW the city transportation division “used a little-known state law to enable the Portland City Commission to quickly lower the speed limit. Commissioners used their emergency safety authority to reduce the speed limit with Thursday’s vote.” Normally it is state officials who control the setting and changing of speed limits. The move drops the speed limit in the area from 35 mph to 30 mph, but it is only effective for 120 days. Saltzman and other city officials said the statistics along Southeast Division cried out for immediate action. The city government hopes state officials will move to make the new lower limit permanent before the four-month measure expires and are preparing to file required paperwork requesting the change.

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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