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An article this week in USA Today outlines a growing movement around the country toward integrating bicycles into traffic patterns in a substantive way. The idea, the newspaper says, is to reduce bicycle accidents and create” safer roadways for non-motorists.”

“More and more cities across the nation, including 712 jurisdictions across 32 states, have been moving toward implementing “Complete Streets” policies, according to the National Complete Streets Coalition. These policies are meant to make streets more accessible for commuters of all types, as opposed to simply motorists,” the newspaper reports.

In practice, what this often means is the construction of protected bike lanes. USA Today notes that in Seattle alone almost 1000 on-street parking spaces have been eliminated in favor of bike lanes over the last four years. A bike lane separated from traffic by a median is obviously far, far safer than simply painting a bike lane line down the side of an existing road. As with most public policy decisions, however, this one involves trade-offs, and as USA Today writes the move toward better, safer bike lanes often leads “to a heated fight for curb space, as parking spaces are taken out in favor of bike lanes, bus lanes, pedestrian walkways, and even parklets, small parks built by extending existing sidewalks into neighboring parking spaces.”

A proposal to build a protected bike lane to and through downtown Klamath Falls received a detailed write-up last week in the Herald & News newspaper. While bike lanes are often portrayed mainly as a safety measure – a way to cut down on potentially fatal bicycle accidents – the study cited by the paper makes a compelling argument that protected bike lanes also offer a variety of economic benefits.

The study was prepared by two Oregon Institute of Technology students in cooperation with a member of the Klamath Falls City Council and a team from the Sky Lakes Wellness Center.

Citing the experience of cities as diverse as New York, San Francisco and Portland the study’s authors say the installation of protected bike lanes has led to “an increase in property values, rents, fewer vacant buildings, as well as fewer automobile and bicycle accidents… additionally, a protected bike lane will help connect neighborhoods to downtown, encouraging more people to go downtown and increase the possibility for more business and new businesses.” It noted that cities that have built the lanes have seen property values along and near the lanes rise by 11 percent.

A newly announced measure in New York designed to make city trucks safer and to prevent fatal truck accidents is worthy of examination by our city government here in Portland and perhaps even by the Oregon legislature as well. According to Gothamist, a NYC-focused website, New York Mayor Bill de Blasio announced this week that “around 240 of the city’s trucks will soon be outfitted with protective side guards to protect pedestrians, bicyclists and motorcyclists.”

“The guards, which span the side of the truck from the front to the rear wheel, are intended to protect anyone unfortunate enough to be hit by a truck from becoming trapped underneath it,” according to the article. A quick web search turns up photos of many municipal trucks around the country sporting the guardrails.

New York’s initial measure is relatively limited – involving only 240 out of more than 4700 city-owned trucks that could be fitted with the gear – but as a test project it feels like an excellent start. The article notes that “in the UK, side guards are credited with reducing fatalities and severe injuries in side impacts by 61 percent for bicyclists and 20 percent for pedestrians.”

The New York Times reported last week on an incident in Maryland that combines distracted driving and drunk driving but has a particularly eyebrow-raising aspect to it: the alleged culprit is reported to be “an Episcopal bishop (who) got into her car, her blood-alcohol level far above the legal limit” and, while texting behind the wheel, is reported to have struck and killed a cyclist.

According to the newspaper, citing the State’s Attorney’s office in Baltimore, where the incident took place, the bishop allegedly left the scene of the accident, though she did return approximately half an hour later. “The state’s attorney for Baltimore City announced charges… including criminal negligent manslaughter, driving while impaired and texting, and leaving the scene of an accident,” the New York Times reported. Perhaps even more surprising is the revelation that the bishop had “a history of driving while intoxicated,” according to the newspaper.

As is always the case in situations like this, so many details concerning this fatal DUI bike accident are simply tragic. According to the Times, the alleged drunk driver had pled “guilty to driving under the influence in 2010.” As one might also expect there have been accusations that the case has received special treatment because of the prominent public position of the accused drunk driver, who is the number two official in the Episcopal Church in Maryland.

An OHSU study just published in a medical journal may have uncovered key evidence linking Alzheimer’s disease and traumatic brain injuries and, more importantly, hinted at a way both can be addressed medically according to a recent article in The Oregonian.

According to the newspaper, a scientific paper prepared by OHSU and a university in New York “discovered that a traumatic brain injury fouls up the brain’s waste removal system, causing toxic proteins to build up among the cells. A similar phenomenon exists with Alzheimer’s.” The article goes on to note that if TBI and Alzheimer’s do, indeed, stem from similar chemical causes then there is “hope that scientists will find a drug one day to slow the development of Alzheimer’s or neurodegeneration after a brain injury.”

According to The Oregonian’s account of the study, the breakthrough lies in the discovery of “the brain’s waste removal system.” It continues: “Scientists had long suspected that the brain, which is separated from the body by a protective blood-brain barrier, had a mechanism for flushing out waste. But they did not have a clue about the process.” Now, they do. Another important feature of the study is its identification of the failure of this waste-flushing process as the core cause of both Alzheimer’s and of many traumatic brain injuries – a link between the two conditions that has long been suspected but has been difficult to prove scientifically.

Oregon DUI stories often, sadly, seem to be an inevitable part of every holiday weekend. Here in Oregon Thanksgiving week began with a DUI story that may raise broader issues.

“Police say a Salem woman was under the influence of alcohol early Tuesday when she drove her car the wrong way down Interstate 5 and crashed into another car, killing a passenger inside,” according to a report this week in The Oregonian. The newspaper reports that the 49-year-old woman “was driving northbound in the southbound lanes of I-5 for several miles, police said, before her 2003 Volkswagen Jetta collided head-on with a southbound BMW near mile marker 266.5, near Keizer.”

A 49-year-old Nyssa woman riding in the BMW “was pronounced dead at the scene of the crash,” while that car’s driver and a second passenger were injured. The driver was treated at Salem Memorial Hospital while the second passenger was transported to the Portland area for treatment. The wrong-way driver was also treated at a Salem hospital for crash-related injuries and, once released, was charged “with second-degree manslaughter, criminally negligent homicide, driving under the influence of intoxicants, assault, reckless endangerment and reckless driving.”

A recent news item from Maine offers an important autumn reminder about safety and Oregon injuries to children. According to the Portland (Maine) Press-Herald, a teenager died and 22 other people were injured when “a mechanical malfunction caused the Jeep towing a trailer of passengers on a haunted hayride… to careen down a steep hill and crash.” The report cites information from “state officials.”

The newspaper reports that local and state police are still working to determine the exact cause of the accident, but the overall nature of the incident is something that merits our attention here in Oregon. Fall and the early part of winter are times when hayrides, Christmas tree cutting parties and similar activities take many people outdoors in unusual ways. No one would suggest banning this kind of family Halloween, Thanksgiving and Christmas fun, but this tragic incident in Maine is a reminder that safety also needs to be considered when planning these kind of events.

The fact that events like these often involve children only makes the need for safety more critical. Whether it is a Halloween Hayride or a Christmas tree cutting party (that might involve children who have never before been close to power tools), it is critical that anyone organizing events like these take appropriate precautions to ensure the safety of everyone involved.

A report in yesterday’s Oregonian details problems with a common type of guardrail used throughout the country, along with the disappointing revelation that Oregon will not follow the lead of at least three other states and move to replace the rails. This, despite evidence linking them to “grisly deaths and severed limbs” in car crashes around the country.

The guardrails in question are “fitted with so-called ‘ET-Plus’ energy absorbing impact plates on the end… Guardrails with end plates are supposed to lessen the severity of a crash, by absorbing the initial energy while shifting the vehicle to ride down the rail without deflecting back into traffic.” The newspaper reports, however, that a study by The Safety Institute found that a design introduced by the rails’ manufacturer in 2005 and now in widespread use “was 1.36 times more likely to produce a severe injury and 2.86 times more likely to produce a fatality” than the original design.

The article goes on to note that lawsuits in five states “have blamed ET-Plus guardrails for at least four deaths and nine severe injuries.” As a result, Nevada, Missouri and Massachusetts have “suspended use of the barriers.” According to the newspaper, however, Oregon’s DOT plans to keep using them partly because no problems have been reported in our state but also because “even if ODOT wanted to replace its ET-Plus barriers on Oregon highways, the agency wouldn’t know where to start. The agency has apparently lost track of where they’re installed.”

The death this week of a 33-year-old Mill City man is being investigated by the sheriff’s office in Linn County but, based on a report in the Salem Statesman-Journal, there are strong indications that it fits the definition of an Oregon industrial accident.

As I wrote in this space just a few days ago, the lumber industry has one of the highest rates of workplace fatalities here in a state where workplace deaths rose last year, even as they declined nationwide. According to the Statesman-Journal this particular accident took place on Wednesday in Mill City. The victim is reported to have been at work in a lumber mill “repairing a wood press when it activated and crushed him.”

“Police are investigating the situation along with the Oregon Occupational Safety and Health Administration, or OSHA,” according to the newspaper. One of the things they will surely look at is whether this fatality should be classified as an Oregon industrial accident. Oregon law requires that machinery, particularly potentially dangerous machinery, be serviced properly and that workers operating and maintaining it have proper training. It is disturbing to read that a wood press activated at a point when it should not have been connected to a power supply at all. In lumber mills and other potentially dangerous workplaces proper “Lockout/Tagout” procedures, like those outlined by the US Department of Labor (see this link) are essential. Rules like this do not represent onerous government regulation but, rather, are essential safety measures designed to protect workers from employers who might be tempted to cut corners to put a few extra dollars onto the bottom line.

A report released by the Bureau of Labor statistics earlier this month draws attention to a disquieting trend: though the number of workplace deaths fell nationally last year, here in Oregon the numbers went up.

According to reporting by The Oregonian, the BLS report found that “the number of Oregon work-related deaths increased 12 percent, from 43 to 49, between 2012 and 2013. Yet the number of workplace fatalities decreased by 5 percent nationwide to 4,400.” As someone who has written extensively about Oregon industrial accidents and the importance of workplace safety I find both the numbers and the overall trend disturbing.

The largest single source of Oregon workplace deaths was crashes involving cars, trucks and other vehicles. “Safety regulators tied a majority of the Oregon deaths to traffic- or equipment-related accidents. The report says 19 workers died as a result of vehicular crashes and 12 people were killed by machines or other objects.” The report’s accounting system also takes note of police and firefighters killed or injured in the line of duty. The relatively large number of vehicle crashes (accounting for more than one-third of all workplace deaths) is worth special attention. Under Oregon law there may be a case for a wrongful death action by surviving loved ones if a third party is found to be at fault in the incident.

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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