Articles Posted in Motor Vehicle Accidents

For more than a week we have been learning details of what may be one of the biggest recalls in automotive history. The potential car accidents linked to it are especially scary because the recall is focused on one of the most basic safety features of modern automobiles: the airbags.

As the Associated Press reported earlier today, a recall of cars with airbags made by Takata, a Japan-based supplier of parts to numerous car companies, is now thought to effect “more than 12 million cars… (including) dozens of models made by BMW, Chrysler, Ford, General Motors, Mazda, Honda, Mitsubishi, Nissan, Subaru and Toyota dating to the 2001 model year.” As a result of the recall order AP reports that AutoNation, the nationwide chain that is the country’s largest car dealer, says it will stop selling the affected makes and models. The company’s CEO also went on record criticizing the car manufacturers “confusing and incoherent” handling of the situation.

As the news agency reports, the Takata-made airbags “can inflate with too much force, blowing apart metal canisters and sending shards flying at drivers and passengers. Safety advocates say that four people have died due to the problem.” The article goes on to note that “government investigators believe that prolonged exposure to moisture in the air makes the air bag inflator chemicals burn too fast, creating too much pressure.”

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.

Two weeks ago I blogged about questions surrounding guardrails installed on highways here in Oregon and throughout the country. As I noted then, Oregon has opted not to join several other states in suspending use of “ET-Plus” guardrails made by a Texas company and used nationwide, despite reports, as the New York Times put it this week, of crashes “in essence, turning the rails into spears when cars hit them and injuring people instead of cushioning the blow.”

“’The device is not performing as it is designed and intended,’ a Missouri transportation official wrote of the problematic railheads in an internal communication,” according to a report this week in the Times.

As I reported last month, all this is especially worrisome when we consider Oregon car crashes, not just because the ODOT has opted not to act but because it says it is not really able to act, since it has no reliable records on where the guardrails in question are actually installed. The design change that led to the charges concerning the ET-Plus rails took place in 2005. As a result, the design is now widely in use throughout Oregon and the rest of the United States.

The Oregonian reports this morning on an Oregon pedestrian death involving a MAX train. The Oregon pedestrian accident took the life of a 71-year-old Portland man Friday night. “Transit police are continuing to investigate the incident,” according to the newspaper.

The man reportedly died when hit by a MAX train early “Friday night near East Burnside and 160th Avenue.” The newspaper quotes a Tri-Met spokesperson saying that “the Blue Line train was eastbound and that trains usually move about 35 mph in the area where the incident took place. She said the accident took place near a pedestrian crossing specifically designed to help make sure that people getting ready to cross the tracks have a good view of oncoming trains.”

The Oregonian quotes family members saying that the victim had lived in the neighborhood since 2001 and was in good health. He was taking his regular evening walk at the time of the accident, according to family members who spoke to the newspaper.

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.”

An article published in Friday’s New York Times brings the issue of General Motors and its massive recalls sharply back into focus. It tells the story of a 27-year-old Virginia woman who died in a car crash only days after receiving a recall notice on her 2006 Saturn. That notice concerned the ignition switch issue that has received so much media attention this year. It is also noteworthy that it was the third issue for which her car had been recalled. It is useful to be reminded that the GM recall story is far from over – but several details buried deep inside the article are points of special concern.

The victim in the crash highlighted by the article died earlier this year. That fact is significant, because even though the defects in GM cars stretch back many years the fatal crashes associated with them have been seen by most people as something that happened several years ago and is only now traceable to the company’s negligence. The article notes that as of this week the mediator administering a fund to compensate victims “had determined that 21 deaths were eligible, raising GM’s longstanding death tally of 13 by more than 50 percent.”

Equally disturbing (though, admittedly, not a new development for anyone who has followed this issue closely) is the paper’s reporting that “during months of outcry over GM’s handling of the (ignition) switch issue, as investigations and lawsuits mounted, the company has fought any effort to get the recalled cars off the road until they are repaired… To date, hundreds of thousands of cars remain on the road, and the automaker continues to maintain that they are safe.”

Portland residents began to get some sense this week of how the “street fee,” the proposal to help fund city roads and maintenance that has been debated all summer, may eventually help to improve health and safety around our city.

According to an article published this week in The Oregonian, “the (city’s) Transportation Needs and Funding Advisory Committee (this week) produced the most detailed list to date of potential transportation projects.”

Though explicitly described as a “wish list,” – a fact designed to indicate that not all of the projects listed in the report will be funded, and that some may be funded at different levels from those recommended in this report – the document does offer some sense of how city leaders would like to allocate the revenue raised by the Street Fee.  According to the newspaper “The list included an estimated $109 million in dozens of specifically identified sidewalks, pedestrian crossing, bicycle and other safety projects.” The estimate is “based on roughly $35 million annually in net revenue for a six year period.”

An article published earlier this month by Al Jazeera America looks at a new academic study focusing on the costs and benefits of bike lanes and other publicly-funded spending on cycling infrastructure. Living in Portland, a city often cited as one of the most bike-friendly in North America, its findings are not likely to be particularly controversial. Still, they are a useful reminder of how bike riding benefits the community at large and not just cyclists themselves.

The study (see link below) was published in Environmental Health Perspectives, an academic journal sponsored by the National Institutes of Health. It comes with the ponderous title “The Societal Costs and Benefits of commuter bicycling: Simulating the Effects of Specific Policies Using System Dynamics Modeling” but reaches, Al Jazeera reports, a fairly straightforward conclusion: “for every dollar spent on bike-related infrastructure, cities can receive anywhere from $6 to $24 in cost savings in the form of reductions to pollution and traffic congestion, as well as lowered health care costs from decreased traffic fatalities and increased exercise.”

Some of those conclusions may seem obvious to an audience here in bike-friendly Oregon, but they are a reminder that it is important to get the details of infrastructure right. More importantly, in focusing on the big picture – by, for example, citing long-term benefits such as lower health-care costs the study is especially useful.

In an effort to raise awareness regarding distracted driving Allstate, the insurance giant, is touring the country with a driving simulator designed to highlight the dangers of texting while behind the wheel.

According to a recent news release issued by the company (see below) the program, known as “Reality Rides,” was launched last summer and is expanding this year. It involves “a driving simulator that utilizes a real – but stationary – vehicle equipped with virtual reality technology, including a new curved LED television embedded in the car windshield. The television displays an animated environment and reacts to the driver’s motions.” Participants are invited to ‘drive’ the car while texting and/or talking on the phone as a way to experience just how significant the danger of distracted driving can be. Allstate plans to take the simulator to 40 cities over the course of the summer following what the company describes as a successful rollout of the program last year. This represents a significant expansion from the 26 “Reality Rides” events the company organized in 2013.

“Last year, the first tour surveyed more than 1,700 people… Seventy-three percent (of whom) said they learned more about distracted driving after experiencing the simulation,” the company says. The same survey – conducted at the simulator sites last year – found that “more than one-third of drivers say they text and drive at least some of the time.” The company is also using the simulator to promote Graduated Drivers License laws, under which teen drivers face more restrictions on their driving than adults. “Stronger teen driving laws… have been shown to reduce traffic fatalities by as much as 40 percent in the states where they have been adopted,” the company says.

Just as the July 4 holiday weekend got underway news broke of a sweeping recall of school buses. According to an Associated Press report, republished by ABC News, “Blue Bird is recalling more than 2,500 All American school buses and some transit buses to fix a problem that could make steering more difficult. The company also is recalling a smaller number of school buses that may be prone to a propane fuel leak, according to paperwork filed with the National Highway Traffic Safety Administration.”

It will be worth keeping an eye on the NHTSA vehicle recall website over the next week or two for further details as this story develops. At this writing the NHTSA had not posted information about the Blue Bird recall, presumably because the company’s paperwork has not yet been completely processed. In the meantime, however, it is safe to say that it is difficult to imagine a clearer risk of injuries to children than a school bus with a steering or a fuel leak issue.

The AP story did not say how many school buses are affected by the steering-related recall notice, only that it involves “some buses made between 2011 and last May.” The story put the number of transit buses affected at 400, but did not say in which cities they are currently on the road. The fuel leak issue involves “388 Vision school buses made in 2012 or 2013,” the news agency reports.

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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