Articles Posted in Bicycle Accidents

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An Oregon bicycle accident last week is the best reminder in a long, long while of why a helmet ought to be essential biking gear. The Salem bicycle injury accident took place when an 18 year old swerved to avoid an SUV pulling out of a fast-food restaurant. The Salem bike rider was thrown over her handlebars as she tried to avoid the SUV, which then ran over her head with its rear tire, according to a detailed report in The Oregonian, quoting Marion County law enforcement officials.

The newspaper reports that the cyclist was taken to a hospital but released a short time later without serious injuries. Her helmet, however, “was pretty much crushed” according to a Marion County sheriff’s office spokesman. Oregon law requires helmets for riders 16 and under. In this case it is clear that wearing a helmet saved the 18 year old bike rider, sparing her serious personal injury or death as a result of her Salem bicycle accident.

Even when cyclists take every necessary precaution, however, Portland personal injury accidents involving bicycles and cars can be especially serious. While this story had a happy ending, it also highlights the importance of wearing a bike helmet at all times. When injuries do occur as the result of an Oregon bicycle accident involving a car or SUV, consulting a Portland bicycle injury attorney should be near the top of your post-accident priority list. Collisions, especially those involving negligence, may entitle the victim to compensation for medical bills, long-term care, damage to property, lost wages and pain and suffering.

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With the new school year beginning to get under way, it is important that motorists remember to watch out for child bicyclists as well as young pedestrians. Injuries sustained by a person during any motor vehicle crash can be serious. They can be especially detrimental to a young boy or girl who is completely unprotected, except for his or her protective gear, from the impact of colliding with a car, a truck, a van, an SUV, or a bus. Unfortunately, Portland, Oregon bicycle accidents resulting in injuries children do happen—especially during the school year.

Per a study by researchers at the Center for Injury Research and Policy at Nationwide Children’s Hospital, bicycle-related injuries involving children and adolescents in the United States are greater public health concern than previously thought:

Per the study’s findings:

• Over 50% of the 85 million US bicycle riders are minors.
• Some $200 million in hospital inpatient charges a year are a result of bicycle injuries involving people younger than age 20.
• Bicycle riding is also the child recreational sport that results in the largest number of emergency room visits.
• Some 10,700 kids are hospitalized each year for an average of three days because of their bicycle-related injuries.
• Motor vehicles are a factor in about 30% of bicycle-related hospital stays.
• 1/3 of kids with a bicycle injury serious enough to require hospitalization had sustained a traumatic brain injury.

The study was published in Injury Prevention’s October 2007 issue.

If your child is going to ride a bicycle, it is important that you teach him or her the proper safety precautions to avoid getting involved in an Oregon bicycle accident. Safety measures include:

• Using a helmet.
• Wearing clothing that is close fitting and allows for easy visibility.
• Knowing the traffic laws.
• Staying on the right side of the road even as you flow with traffic.
• Watching the vehicles around you.
• Paying attention.
• Signaling when making turns.
• Making sure that the bike is properly maintained.

In many cases, a bicyclist will get involved in a collision with a motor vehicle because a motorist or another party was negligent. This can cause catastrophic injuries to the minor or adult bicyclist.

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The Oregon Department of Transportation says that there were more bicycle deaths that occurred in the city of Bend last year than in any other city in the state. Of the 7 Oregon bicycle fatalities that happened, 2 of them occurred in this Deschutes County city. Bend, however, did not hold the record as the city with the most number of bicycle accident-related injuries for the year. The city was number five with its rate of crashes per capita, while Corvallis, Eugene, and Portland, Oregon were ranked number one, two, and three.

Between 2006 and 2008, there were reportedly 65 Bend, Oregon bicycle accidents resulting injuries. 40 of these bicycle accidents involved drivers or bicyclists who did not yield the right of way. Approximately half a dozen bicycle accidents involved one party failing to stop when there was a flashing red light or a stop sign. Speeding, distracted driving, and following closely were among the other common causes of Bend, Oregon bicycle accidents.

The number of Bend injury crashes went up from 16 auto crashes in 2007 to 23 motor vehicle accidents last year. In 2009, there have already been more than a dozen Bend bicycle accidents. Just last month, James Gardner died when his gas powered bicycle was involved in an Oregon traffic crash with a motorcycle. The 54-year-old bicyclist was not wearing a helmet.

With so many people riding bicycles in Oregon, it is important for drivers and bicyclists to make sure they remember that they share the roads with one another. Injuries sustained during an Oregon bicycle accident can be extremely serious. Obtaining personal injury recovery from a negligent party can be one way to compensate you for your pain and suffering, while provide you with the financial resources to cover your medical expenses and associated losses.

Bicycle fatalities: Bend leads Ore. cities, KATU, August 12, 2009
Bicycle Accident in Bend Claims A Life, KOHD, July 14, 2009
Related Web Resources:
Oregon Department of Transportation

Bend, Oregon

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The National Highway Traffic Safety Administration is reporting that there were 416 Oregon traffic deaths. This fatality figure is slightly lower than the 455 Oregon traffic deaths that occurred in 2007.

More 2008 Oregon Traffic Facts:
• 290 passenger vehicle occupant deaths
• 91 of the victims were unrestrained
• Alcohol was a factor in 136 traffic deaths
• 128 speeding-related deaths
• 48 Oregon motorcycle deaths
• 51 Oregon pedestrian deaths
Nationally, there was also a decline in US traffic fatalities, with 37,261 deaths last year compared to 41,259 traffic deaths that occurred in 2007.

More 2008 US Traffic Accident Facts:
• 11,733 drunk driver-related deaths
• 716 pedalcyclist deaths
• 4,378 pedestrian fatalities
• 5,290 motorcycle deaths
• 677 large truck fatalities
• 25,351 passenger vehicle deaths
• 2,346 traffic injuries
• 2,072,000 people injured in passenger vehicles
• 23,000 large truck deaths
• 96,000 motorcycle injuries
• 69,000 pedestrian injuries
• 52,000 pedalcyclist injuries (compared to 43,000 injuries the year before)

While there was a decline most kinds of traffic fatalities between 2008 and 2007, there was an increase in motorcycle fatalities—from 5,174 deaths in 2007—and pedalcyclist fatalities—from 701 deaths.

Common causes of 2008 Oregon motor vehicle crashes included:
• Drunk driving
• Drowsy driving
• Speeding
• Cell phone use
• Text messaging
• Driver inexperience
• Poor road conditions
• Defective autos
While the overall declines in Oregon and US traffic deaths are positive, there is always more that can be done to decrease the number of injuries and deaths that occur in the state and throughout the United States. One way to decrease the number of Oregon car crashes is for drivers and truckers and motorcyclists to drive responsibly and refrain from negligent conduct. Motorist negligence can be grounds for a Portland, Oregon personal injury claim.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009
2008 Traffic Safety Annual Assessment – Highlights, June 2009 (PDF)

Related Web Resources:
State Traffic Safety Information for Year 2008

Early Estimate of Motor Vehicle Traffic Fatalities for the First Quarter of 2009, June 2009 (PDF)

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A Portland bicyclist and the insurance company of the driver that struck him have reached a $100,000 Oregon bicycle accident settlement for injuries and costs. Bicyclist Ben Ramsdell was injured almost two years ago when he was hit by motorist Johnny Eschweiler, 49, after the two of them engaged in a verbal exchange of words.

Witnesses say they saw the motorist deliberately hit Ramsdell and Timothy Mastne, another bicyclist, in August 2007. Ramsdell had to get 30 stitches on his face. He also broke his finger and his nose. Mastne sustained bruises and cuts.

In April, Multnomah County Circuit Court Judge Michael McShane ruled that Eschweiler was guilty of assault but insane. When he was 19, he used a fork to stab a coworker in the face. Surgeons had to take out part of his brain when he was 23.

Eschweiler was not ordered to serve jail time for causing the Portland, Oregon bicycle accident, but he was committed to house arrest for 15 years and state psychiatrists are closely monitoring him. The state of Oregon has permanently taken away his driver’s license.

Because the Oregon bicycle accident was considered “intentional” and not “accidental,” Farmer’s was initially absolved of making a payout. However, the insanity ruling raised the question of whether the motorist even knew that hitting bicyclists was his car was intentional or accidental.

The $100,000 is the maximum that the insurance company’s motorist policy allows.

Bicycle Accident Injuries
It is rare for a motor vehicle driver to intentionally run down an Oregon bicyclist. Most bicycle accidents that are caused by motorists are accidental. The driver never meant to seriously injure or kill the victim.

Regardless of whether or not a motorist meant to intentionally hurt or kill a bicyclist, however, any negligence on the driver’s part can be grounds for an Oregon bicycle accident claim or lawsuit.

Bicyclists are at a disadvantage anytime they are injured in a collision with a car, a truck, a motorcycle, an SUV, a van, a bus, or a train. The impact of the bicycle-vehicle crash alone can prove fatal.

Bicyclist hit by insane driver reaches settlement, KGW, June 17, 2009
Rage victim says he’s taking it “day by day,” BikePortland, August 18, 2007
Related Web Resources:
Bicycle and Pedestrian Program

Bicycle Safe

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The Oregon Bicycle and Pedestrian Advisory Committee (OBPAC) has written a letter to the Oregon Transportation Commission (OTC) calling on it to push for a ban on cell phone use while driving and increase its efforts to notify the public about the dangers of distracted driving. The OBPAC not only wants the OTC to support the National Safety Council’s call that all cell phone while operating a motor vehicle be barred, but it wants details about the hazards of distracted driving to be added to Oregon’s DMV manual.

Oregon doesn’t have any laws regarding adults and cell phone use while operating a motor vehicle. The state, however, does currently ban drivers younger than 18 from text messaging or talking on a cell phone while driving.

Next week, the House Transportation Committee will hear House Bill 2377, which bans the use of “mobile communication devices” when people are driving their motor vehicles. The bill makes talking or texting on a cell phone illegal—albeit only a secondary offense, which means an Oregon police officer has to catch the offender committing another offense first. However, the law doesn’t apply to hands-free devices.

According to a 2006 University of Utah study, people who talk on cell phones while driving exhibit behavior similar to that of motorists who are drunk driving. Among the study’s findings:

• Hands-free and handheld held cell phones impair driving to an equal degree.
• Drivers who talk on cell phones tend to drive slower and step on the brakes slower than drivers who aren’t using cell phones.
• Motorists who talked on cell phones while driving exhibited 24% more variation in following distance and were 19% slower when it came to accelerating back to normal speed after braking than drivers who weren’t talking on cell phones.
• Drunk drivers tended to drive slowly but more aggressively than sober drivers. They were also slower to brake and did so with 23% more force.

If you were injured in an Oregon car accident because another motorist was driving drunk, talking or texting on a cell phone, fell asleep behind the wheel, or was impaired, distracted, or negligent in any other way, you may have grounds for filing an Oregon personal injury lawsuit.

Oregon bike/ped committee urges state to ban cell phones while driving, BikePortland.org, April 17, 2009
Drivers on Cell Phones are as bad as drunks, U News Center, June 29, 2006
Related Web Resources:
Oregon Bicycle & Pedestrian Advisory Committee, Oregon.gov
National Safety Council

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The parents of 15-year-old Austin Miller have reached an Oregon wrongful death settlement with TriMet over their son’s bicycle accident death. Austin died on February 11, 2008 when he was struck by a bus while riding a bicycle. Under the terms of the agreement, TriMet will pay Michael and Stephanie Miller $200,000 with an additional $175,000 pending adjudication.

TriMet has argued that the Oregon Tort Claims Act caps its liability at $200,000 and that is the maximum they should owe for Austin’s death. Personal injury attorneys for the Millers, however, have pointed out that the state’s current tort claims cap is now $400,000.

The Miller family’s Oregon wrongful death complaint accuses a TriMet bus driver of acting negligently when driving into the bike lane where Austin was riding his bicycle. Their wrongful death lawyer has said that the bus driver can be overheard in an audio recording telling TriMet’s dispatch that she thought she gave Austin enough space.

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In Oregon, the family of Tracey Sparling is suing a cement truck driver and his employer for her wrongful death. Sparling, 19, sustained fatal crush injuries on October 11, 2007 after her bicycle was struck by the large truck. The deadly Portland truck accident occurred at the intersection of Burnside and Southwest 14th Avenue.

Both Sparling and truck driver Timothy Wiles were stopped at a red light. Sparling was stopped in a bike lane located on the right side of the road in an area that Wiles couldn’t see.

When the light turned green, the trucker turned right. Sparling was crushed under the truck’s back wheels. The cement truck, which weighed 40,000 pounds, belonged to Rinker Materials, which was purchased by Cemex Corp.

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The US Centers for Disease Control and Prevention says auto accidents and fall accidents are the leading causes of accidental teen and child injuries and deaths in this country.

Facts included in the CDC’s report:

• 9.2 million teenagers and children a year are treated in US emergency rooms for accidental injuries.
• 2.8 million teens and young kids are injured in fall accidents annually.
• Over 50% of the nonfatal injuries involving kids younger than 1 occurred during fall accidents.
• About 8,000 minors are killed each year in traffic accidents as pedestrians, vehicle occupants, and pedalcyclists.
• 12,175 people under age 20 die in the US every year because of accidental injuries.
• Approximately 20 kids die every day because of an injury that could have been prevented.
• Some 20 million kids and young adults sustain injuries each year that limit their activity and require medical care.

Leading causes of injury deaths, according to age group:

• Infants – suffocation
• Ages 1 to 4 – drowning
• Ages 5 to 19 – traffic crashes
In addition to fall accidents, other leading causes of nonfatal injuries to kids include:

• Animal bites
• Insect bites
• Getting hit by or falling against an object
Children in the 1 – 4 age group were most likely to suffer nonfatal injuries in fall accidents or due to accidental poisoning. According to CDC Division of Unintentional Injury Prevention Director Grant Baldwin, many of these injuries can be predicted and are preventable.

Many times, these injuries occur while a child or teen is engaged in everyday activities, such as riding in a car, walking to school, or swimming in the neigborhood pool. Such injuries are often caused by reckless motor vehicle drivers, careless property owners, negligent product manufacturers, careless dog owners, or other responsible parties.

Car Crashes, Falls Top List of Accidental Injuries for Kids, US News, December 10, 2008
Childhood Injury Report, CDC
Related Web Resources:

Children Traffic Safety Fact Sheet, NHTSA (PDF)

World Health Organization

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As part of its push to keep motorists and pedestrians safe over the holiday season, the Oregon State Police is increasing its DUI enforcement efforts. Their actions are part of a 20-day national crackdown on drunk drivers and runs from December 13 though the New Year. State and local police will also be on high alert for Oregon DUI drivers beginning 6pm on Christmas Eve through Sunday at midnight.

Oregon Governor Kulongoski, who declared December “Drunk and Drugged Driving Awareness” month, has reminded drivers that driving with a buzz is driving while impaired—a leading cause of motor vehicle fatalities in the state. Last year, 18 people died in Oregon drunk driving accidents over the holiday season.

Meantime, a recent national study confirms that the number of fatalities due to drunk drivers increases around Christmas and New Year. The National Highway Traffic Safety Administration says that from 2002 – 2006, alcohol was a factor in 4 out of 10 motor vehicle deaths that occurred during the last two weeks of December. Also, drivers 21 – 24 years of age are more likely to be involved in a deadly alcohol-related motor vehicle accident than other motorists.

The Oregon Department of Transportation Safety Division’s Impaired Driving Program Manager Gretchen McKenzie has a number of suggestions for how drivers can keep themselves and others safe this holiday season:

• Don’t drive if you’ve had anything to drink.
• Make sure that there is a designated driver.
• Don’t let anyone who has been drinking get behind the wheel of the car.
• Consider taxis, public transportation, or a car service as alternative modes of transportation.
• Make sure you and your passengers are wearing seat belts.
• Call 911 if you see a drunk driver on the road.

Of course, it is important that motorists drive sober throughout the year. Last year, the NHTSA says 12,998 people died in alcohol-impaired auto crashes in the US.

Anyone who drives under the influence of alcohol or drugs is breaking the law and may be charged for Oregon DUI crimes. Victims injured by a DUI driver may also have grounds to file an Oregon personal injury claim for damages.

Governor proclaims December “Drunk and Drugged Driving Awareness” month, Oregon.gov, December 1, 2008
State police beef up drunk-driver patrols, The Register-Guard, December 23, 2008
Related Web Resources:

Alcohol Impaired Driving 2007 Traffic Safety Facts, NHTSA (PDF)

DUI Laws in Oregon, United States DUI Laws, DUI Driving Laws

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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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