Articles Posted in Motor Vehicle Accidents

Bicyclist deaths in traffic accidents rose in 2012 (the most recent year for which data is available) both in absolute numbers and as a fraction of the nation’s overall road and highway death toll, according to a new report released by the National Highway Traffic Safety Administration.

As a table on the first page of the report shows, the total number of traffic-related fatalities fell by more than 20% over the last decade, from 42,884 nationwide in 2003 to 33,561 in 2012. During that same time period, however, the number of bicyclists killed on America’s roads rose from 629 to 726 – an increase of almost 20 percent. As a portion of overall traffic-related deaths that represented an increase from 1.5 percent to 2.2 percent – a small portion of the overall number, but a dramatic increase proportionately speaking.

At a time when people across the country are becoming more aware of the health and environmental benefits of cycling these are worrying numbers. It is good to see that tougher enforcement and better public education have brought the overall traffic death rate down so dramatically (indeed, in the 1970s and 80s it was well over 50,000 per year). At the same time it is alarming to see the rate of bicycle accidents and fatalities rise – especially in an era when one might hope that more bikes on our streets would lead to greater awareness and caution among drivers.

Recreational use of marijuana is now legal in two states, including Washington State, and Oregon is among the ever-increasing number of states that permit marijuana use for medical purposes.

As legal acceptance of the drug grows it was, perhaps, inevitable that, in the words of USA Today, “it’s looking like dope is playing a larger role as a cause of fatal traffic accidents.” Put another way: advocates of legalization have long argued that marijuana is no worse for you than alcohol. If, for the sake of argument, we accept that premise then it clearly follows that driving while high should be treated with the same degree of seriousness as driving while drunk.

The evidence is not merely anecdotal. According to USA Today, a recent study by Columbia University found that “of nearly 24,000 driving fatalities… marijuana contributed to 12% of traffic deaths in 2010, tripled from a decade earlier.” The newspaper reports that a recent National Highway Traffic Safety Administration study estimated that “4% of drivers were high during the day and more than 6% at night.” The majority of high drivers were under age 25 – an age group that already has proportionately high levels of both drunk driving and distracted driving, both here in Oregon and elsewhere around the country.

In the annals of reckless and irresponsible things people do behind the wheel this one deserves special mention. According to The Oregonian, a three-car crash injuring four people was touched off Sunday when a teenager driving through a tunnel on US 26 near Manning, Oregon “held his breath when entering the tunnel and fainted.”

Just before 5pm on Sunday afternoon the teen was driving a 1990 Toyota Camry. When the driver passed out the vehicle “crossed the center line, (hitting) an eastbound 2013 Ford Explorer head-on. Both vehicles then smashed into the interior tunnel walls and a third vehicle… hit the Camry,” according to the newspaper. A spokesman for the Oregon State Police is quoted by the paper saying that none of the victims sustained life-threatening injuries, but even he was at a loss to explain why the teenage driver of the Camry would have been holding his breath to begin with or why that would have resulted in the driver losing consciousness, particularly granted that the tunnel is not particularly long. An OSP spokesman told the paper that the 19-year-old driver “did not appear to be intoxicated” and that there was no evidence that drugs were involved either.

According to The Oregonian police were particularly puzzled because the tunnel in question – the Daniel L. Edwards Tunnel – is not especially long. Normally a car would pass through it in about 10 seconds, which hardly seems like enough time for a person holding his or her breath to lose consciousness. The driver of the Camry was cited “for reckless driving, recklessly endangering three other people and assault and is due to appear in Washington County Circuit Court.”

The tragic death last year of two teenage girls in a semi-truck accident has spurred an online petition drive organized by their family, and an advocacy movement for tighter regulation of large trucks.

“Their lives were abruptly ended and we want to see that same thing does not happen to others,” the girls’ mother said, according to Washington DC TV station WJLA, as she delivered a petition with over 11,000 signatures on it to the Department of Transportation earlier this month. The North Carolina family was driving down an interstate highway a year ago when “their family vehicle was struck, propelling it under a tractor trailer and killing the two girls,” the TV station reports.

In response, the grieving parents organized an online petition drive seeking tighter regulation of the trucking industry (you can see, and sign, the petition here). Specifically, the couple is calling for “improved under-ride guards to prevent vehicles from sliding under trucks, and also wants to require electric monitoring devices to decrease the number of truckers driving while fatigued. They also want to increase the minimum liability insurance required for drivers,” according to WJLA. The girls’ father told reporters that installing the under-guards would cost only $20 per truck.

It is no secret that Portland has a reputation as one of America’s most bike-friendly cities, but the census bureau now has the data to prove it. According to a recent article in The Oregonian, since 2000 biking to work “has shown the largest percentage increase among all commuting modes” nationally. Portland leads the way with a significantly higher percentage of bicycle commuters than the national average.

Nationally about 786,000 people get to work using bicycles, according to the paper, up from 488,000 in 2000 (the data is for 2012, the latest year available). That’s only about one percent of commuters nationwide, but “within the Portland city limits the number has nearly tripled since the 2000 census… In fact, Portland leads all large cities with a bicycle commuting rate of 6.1 percent.”

According to the newspaper, local activists welcomed the news, but also warned about “complacency.” The head of the Bicycle Transportation Alliance called for “bolder steps” by the city to prevent Portland bicycle accidents so that commuters will feel safer. The article specifically cites initiatives to create “buffered bike lanes” – a move which often requires the removal of parking spots or one auto lane along busy streets that double as important bike commuter routes. It also cites “a long-delayed $4 million bike sharing system, which still lacks a sponsor.” Once implemented, the bike share program is also expected to increase bike commuter numbers. The Oregonian concludes by noting that “Portland’s strategic bike plan calls for 25 percent of all trips in the city to be made on a bike by 2030.”

A story posted this week by Atlanta television station WSB has a surprising – and good – connection to Portland. The station announced that it is sending one of its anchors to Portland to examine Tri-Met’s streetcar system “to learn how (Portland) handles streetcar safety.”

According to the report, tests of a new streetcar system in Atlanta may begin as early as this month but Atlanta “streetcar leaders told (WSB) a public awareness campaign is needed to avoid hundreds of accidents or even deaths.” The announcement followed word of a streetcar-related death in Philadelphia last week, according to WSB. Atlanta is a city that has long had a reputation for skepticism regarding public transportation. Though many Portlanders sometimes have an up-and-down relationship with Tri-Met, it is good to be reminded of the fact that Portland has long been one of the country’s leaders in green energy and innovative public transportation.

The article notes that Portland’s streetcar system, at 14.7 miles, is far more extensive than what Atlanta soon plans to launch The Georgia system will initially involve only 2.7 miles of track, according to WSB.

The Oregonian reports that a section of US-20 in Jefferson County was closed for several hours Monday in the wake of an Oregon car crash that left one person dead and several others injured. As of mid-morning one lane of the road had been reopened but police were warning motorists to expect long delays.

The fatal accident took place near Santiam Summit as the road passes through the Willamette National Forest between Corvallis and Bend. Relatively few details are available about the accident, which took place Monday morning around 9:30 am, though the newspaper does report that Life Flight helicopters were required to evacuate some of the injured. The exact type of vehicles involved in this Oregon crash have not been announced, but the location and the poor weather conditions that appear to have contributed to the accident are a reminder of the special care that trucks need to take in areas like the Willamette National Forest.

I have written frequently about the dangers that trucks face on in mountain areas. When even interstate highway travel is dangerous because of the weather and terrain it is especially important to proceed cautiously on narrow mountain roads. My past blogs on Oregon truck accidents have focused mainly on the northeast corner of our state – particularly the area around Cabbage Hill on Interstate 84. In the case of this accident, however, the newspaper’s note that “a spokesman for the ODOT said the highway has been hit with a lot of snow in the past few days” is an important reminder that the conditions on Cabbage Hill, while often extreme, are hardly unique in the more remote parts of Oregon.

An article in Wednesday’s Oregonian raised an interesting question: how many Portlanders are aware that traffic enforcement does not take place overnight? According to the newspaper the city’s last budget cut police funding and, as a result, “the (traffic enforcement) bureau lost five full-time officer positions, and so eliminated the 9 pm to 7 am traffic shift Wednesday through Saturday.”

What this means in practice is that there are fewer officers available to enforce Oregon drunk driving laws. The newspaper quotes Portland police chief Mike Reese saying: “Traffic officers are committed to saving lives. They hold people accountable when they break the law… It’s not easy work. DUII investigations require skill to make arrests prosecutable.” The chief is asking the City Council for $300,000 in additional funds to restore four of the five overnight officer positions that have been lost.

While there are no available statistics looking at how fatal Oregon car crashes are distributed throughout the day, the newspaper notes that Washington State does keep such records. North of the Columbia River “60 percent of all fatal crashes occur between 7 pm and 5 am,” according to a Portland police spokesman cited by the newspaper. There is no reason to suppose that the pattern is not at least broadly similar here in Oregon.

On Friday General Motors announced yet another expansion of the widening recall of its small cars. According to the New York Times, the company “is expanding its ignition-switch recall to include an additional 971,000 small cars worldwide, including 824,000 in the United States, that may have been previously repaired with defective switches.”

As I noted in a post earlier this month, well before today’s announcement GM had already recalled more than a million cars built since the 2003 model year because of a defect that may lead the ignition switch to cut off. That, in turn, could mean that air bags fail to deploy in the event of a crash. As the latest developments indicate it is now clear that many cars had the faulty switches added to them when they went in for repairs.

More disturbing, however, are the continuing revelations about the way in which GM has handled this scandal. In a move that may yet lead to wrongful death lawsuits, company documents have shown that GM misled grieving families for years, telling those who had lost loved-one in crashes linked to the flaw “that it did not have enough evidence of any defect in their cars, interviews letters and legal documents show.” This happened even as the company was internally debating the best way to fix the problem, the newspaper reports.

A reckless and dangerous driver caused problems on I-5 this afternoon but is now in jail, according to The Oregonian. The newspaper’s website reports that a 26-year-old Portland man is being held in the Marion County jail on charges of reckless driving and “18 counts of recklessly endangering another person.”

According to the newspaper, witnesses said the driver “was speeding, passing cars on the shoulder and weaving across all three lanes of traffic in a 1999 gold Ford Taurus… Oregon state police caught up with him right before 1 pm as he exited I-5 toward Salem Parkway Avenue.”

It goes without saying that incidents like these can cause serious, sometimes fatal, Oregon car accidents. In some instances these can lead to serous traumatic brain or spinal cord injuries or even deaths.

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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