Articles Posted in Motor Vehicle Accidents

An Oregon motorcycle crash that also involved a pickup truck left a Monmouth man dead over the weekend, according to a report in this morning’s Oregonian. The newspaper reports that the man “died Sunday morning in a collision between a pickup truck and a motorcycle on Oregon 51 north of Independence.”

The victim, age 22 according to the newspaper, “struck the right front side of the truck and crashed through (its) windshield” when the driver of the truck, a 77-year-old man, “attempted to turn his truck left into a driveway.” The paper also reports that witnesses say neither the motorcycle nor the truck appeared to be speeding at the time of the Oregon motorcycle accident. Although an investigation of the fatal crash is still underway, the newspaper cites police sources saying they believe alcohol was not involved in the Sunday morning accident. Both men were airlifted to Salem Memorial Hospital, according to The Oregonian, where the motorcycle rider was pronounced dead and the driver of the truck remains in critical condition.

Based on these details, what we appear to see here is a straightforward case of poor driving, the sort of accident that happens every day in every American city, and which is all the more tragic because it is so easily avoidable.

A report this week in The Oregonian is a welcome example of our legal system at work. The account of the conviction of a reckless Oregon hit and run driver who caused a two-vehicle crash in Tualatin is a reminder that the justice system can and does work for victims and our broader society alike.

According to the newspaper the 24-year-old man was arrested for causing the crash in a parking lot adjacent to Martinazzi Avenue in Tualatin last January. “Witnesses told police a man in a pick-up was driving erratically and struck another vehicle,” The Oregonian writes. “The suspect’s vehicle then hopped a curb near the roundabout at Southwest Avery Avenue and 86th Street and struck a road sign. Witnesses also said the driver didn’t stop for a red light” and that while doing all of this he narrowly missed a pedestrian.

Once arrested the suspect was charged with DUII, hit-and-run and reckless driving. Now, five and a half months later, he has been convicted, and will serve time in jail, pay a fine and lose his driving license for three years. The man was initially eligible for a diversion program but lost that status, according to the newspaper, when he was arrested again in February.

A recent Oregon car crash story in The Oregonian is relatively straightforward, and it is because of that tragic simplicity that it holds such stark lessons.

According to the newspaper four people including a child were injured last week when a driver who was allegedly following too closely behind another vehicle “slammed on the brakes of his Jeep to avoid a rear-end collision, swerved into the opposite lane of traffic and crashed into an RV towing a minivan. The jeep then struck a tree off the highway and rolled, and the RV came to a stop on top of it.”

It is worth adding that all of this took place in broad daylight – at 2:30 pm on Highway 47 near Forest Grove.

A recent article in The Oregonian offered details of an Oregon bicycle accident on North Interstate Avenue that appears to be a hit-and-run. The newspaper, citing the Portland police, reports that a 59-year-old North Portland man “was rushed to a local hospital after he was struck by a vehicle in the northbound lanes, just north of Greeley Avenue.”

The newspaper goes on to note that: “a witness described seeing a white Ford pick-up, possibly late 1970s model, driving erratically before the crash. The car did not stop after the crash… (the victim) remains in critical condition at a Portland hospital, police said.”

Incidents like this are a reminder for all of us who care about cycling that Portland’s reputation as one of the most bike-friendly cities in America is no guarantee against the irresponsibility and negligence of others. The reports that the vehicle that struck the cyclist was driving “erratically” add an additional element to this story, hinting at the possibility that this Portland bike and car accident may also be a Portland drunk driving accident. None of us can control what others do, so it is especially important that we be careful when behind the wheel and alert when on our bikes.

Perhaps we should have seen this coming. Even as consumer groups and public awareness campaigns have worked to raise awareness of distracted driving here in Oregon and elsewhere, the distractions in our cars have evolved.

That conclusion comes from a study released today by researchers at the University of Utah and reported in the Salt Lake City Tribune. As the newspaper reports, the study concludes that “these latest ‘infotainment’ features may be more fun than safe… (and) talking to your car while driving may be more distracting than chatting on a cellphone.”

According to the Tribune, the study involved monitoring the brainwaves of volunteers as they attempted a series of tasks “ranging from listening to the radio to solving a math problem to operating a speech-to-text device while staring at a cross on a blank computer screen.” Later stages of the study involved asking the same volunteers to perform the same tasks in both an auto simulator and while driving a real car. The results challenge the idea that in-car distractions are not a big problem so long as the driver can keep his or her hands on the steering wheel.

Two new studies receiving media attention this month indicate that the problem of distracted driving in Oregon and elsewhere around the country may be even worse than many people think.

According to the Associated Press the first study, released earlier this month by the safety-advocacy group the National Safety Council found that “crash deaths in cases where drivers were on the phone were seriously underreported… The underreporting makes the problem of distracted driving appear less significant than it actually is and impedes efforts to win passage of tougher laws.” The group examined car crash data for 2009 through 2011.

Perhaps the most surprising finding of the study was that “even when drivers admitted to authorities that they were using a phone during an accident in which someone was killed, about half the cases weren’t recorded that way in the database, the council said” referring to the highway safety database maintained by the federal government’s National Highway Traffic Safety Administration.

It has been just over three months since an Oregon bus crash in the Cabbage Hill area in the east of the state killed nine people and injured 38. As official investigations and a search for answers move forward, The Oregonian reports that lawsuits accusing the state Department of Transportation of negligence have now been filed by the loved ones of three of the Oregon bus crash victims, as well as by at least one of the accident’s survivors.

As the Associated Press reports, and as I blogged at the time, the deadly Oregon Bus Crash last December took place when a tour bus “slid on ice east of Pendleton, crashed through a guardrail and rolled down a steep hill.” Pictures published at the time showed a gruesome scene of wreckage on the snow-covered mountain pass.

According to the newspaper, relatives of the victims “are seeking at least $10 million in punitive damages, injuries and wrongful death… The suit claims ODOT was negligent for failing to equip the stretch of Interstate 84 with barriers strong enough to prevent the bus from leaving the roadway; not adequately plowing and sanding the freeway; failing to warn motorists of unsafe conditions; and failing to require commercial vehicles to take an alternative route.” The Canadian company that owned the vehicle, along with the bus driver, are also named as defendants in the suit, according to The Oregonian.

Two articles published in recent days by the New York Times illustrate both the continuing challenge we all face in attempting to curb distracted driving and the paradox of technology – the cause of so many Oregon distracted driving problems –sometimes offering solutions to the very problems it helps create.

One Times article begins with a dramatic statistic: “at any moment during daylight hours, according to a new government study, 660,000 Americans are using cellphones or other electronic devices while driving.” The study cited by the newspaper concluded that years of anti-distracted driving campaigns have succeeded in raising public awareness but have been less successful in convincing individual Americans that their own behavior behind the wheel – as opposed to everyone else’s – is potentially part of the problem.

“Almost half of those surveyed, 48 percent, said they answered their cellphones while driving at least some of the time, and 58 percent said they continued to drive after picking up the phone. Fourteen percent said they still text or email while driving,” the Times reports. Those numbers were up significantly from last year’s NHTSA survey, in which they were 40 percent and ten percent respectively. Perhaps ironically, the survey also showed that “most drivers… support a ban on cellphone use and texting while driving, and 76 percent said they would likely say something if they were a passenger alongside a driver who was sending a text.”

A New York Times report this weekend about a terrible multi-vehicle crash in Nevada is a reminder of the importance of issues Portland’s own mayor has spent the last few weeks spotlighting.

A Reuters news agency dispatch, republished by the Times, cites local law enforcement, reporting that “five members of a California family were killed in Nevada when their van was struck from behind by a teenage driver who was arrested on suspicion of driving under the influence.” The 18-year-old driver suffered minor injuries in the crash which reportedly happened when he rear-ended the van. In addition to the five people who died two other members of the same family were also riding in the van and were treated in area hospitals following the DUII accident. The crash took place on Interstate-15 about 80 miles north of Las Vegas.

The accident comes as Portland mayor Charlie Hales has worked to spotlight an increase in DUII incidents in our city. As a recent report in The Oregonian noted, “five of the 11 people killed in Portland traffic crashes since Jan. 1 involved people driving under the influence.” Hales has sought to use the media to publicize a situation he views with “alarm” and to remind Oregonians: “Drive sober to save lives. Doing otherwise is illegal and reckless,” the paper notes, adding that the current pace of DUII-related fatalities in Portland is well ahead of last year’s.

A ruling last week by the Oregon Supreme Court, as reported by The Oregonian, leaves justice unfulfilled for one Beaverton woman, though a chance remains that a federal court will view the case differently.

According to the newspaper, the state’s highest court ruled 4-3 that because of a legal technicality the city of Beaverton does not have to pay the victim of one of its police officers’ negligence the $507,500 ordered by a trial court. A jury ordered the money paid to a woman who was left disabled after she was hit by a Beaverton police car while crossing at an unmarked crosswalk in 2007.

The half-million dollar figure for damages in the Oregon car and pedestrian accident case is, itself, a significant reduction of the original verdict. According to the newspaper the jury originally decided on more than $1 million in damages but also found that the victim “and the former Beaverton police officer who had been driving the car… were equally at fault” which led to the cash being cut by half. The city appealed to have its share further reduced to $200,000 citing a state law that caps the liability of municipalities. The federal court hearing the appeal asked the Oregon Supreme Court, the paper reports, to rule on two questions: first, whether the state constitution protects the victim’s “right to a remedy and, if so, whether” $200,000 would be enough. “The court answered yes to both questions” despite the fact that the victim’s documented “medical bills totaled at least $500,000” as reported by The Oregonian.

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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