Articles Posted in Motor Vehicle Accidents

Accidents involving school buses are arresting enough, but for two Oregon school bus accidents to take place in the same town – on the same road – in just three days is, to say the least, striking.

According to the Albany Democrat-Herald the first accident took place on a Friday afternoon earlier this month in Lebanon, southeast of Salem. In that incident, “a van pulling onto Highway 20 from Highway 226 hit the left side of a Bandon School District bus,” the newspaper reports. The van’s driver and her passenger – an elderly couple from Corvallis – were both hospitalized with “non-life-threatening injuries.” Two students on the bus were also injured and were taken to a separate hospital.

The following Monday, in the second incident, a nine-year-old boy was injured as the result of another Oregon School Bus crash on Highway 20. This incident, which took place just north of Lebanon, was part of a three vehicle Oregon car crash that began when one car waiting to make a left turn was rear-ended by another vehicle. The impact sent the first car out into the intersection, and into the path of the oncoming school bus. In addition to the child on the bus, the driver of the car that caused the rear-end collision was injured in the incident.

This story from Seattle is worth noting because it highlights one of the things bike riders in an urban environment fear most, and one of the types of Oregon and Washington bicycle accident that is most easily preventable – and one for which there is never really any good excuse.

According to West Seattle Blog, a local online publication, a cyclist in the Seattle area was hospitalized yesterday after “a car door opened in front of him causing him to flip over the door.” Quoting local police, the blog reports that despite the fact that he was not wearing a helmet the rider, a 30-year-old man, “remained conscious and responsive but could not remember the accident,” when police and emergency services personnel arrived to help him. He was taken to a local hospital “in stable condition.” The fact that the victim could not remember the accident is an especially worrisome sign – indicating a possible traumatic brain injury.

Several notable issues arise from this short item. The Washington bicycle accident is a reminder of how dangerous riding in a city can be – even a city as bike-friendly as ours are here in the Pacific Northwest. The victim in this accident appears to be extremely lucky, especially granted that he was not wearing a helmet. It is worth adding that the accident he experienced – being launched head-first over the handlebars – is just about the most dangerous kind of bike accident a rider can be involved in. That is why it is especially important that drivers always remember to look carefully before opening a car door. Checking one’s mirror alone is not sufficient: people getting out of a car need to turn around and look directly behind and beside the vehicle. We are all aware of our cars’ blind spots when they are moving. That awareness should not cease just because the car is parked.

A recent frightening incident on I-205 led to a multi-vehicle Oregon auto crash involving a pick-up truck, a large commercial truck and a TriMet bus. A man from Monmouth was injured, several other vehicles damaged and the busy road was closed for several hours during morning rush hour, according to both The Oregonian and the Portland Tribune.

The chain of events leading to the crash began with a driver “passing on the right shoulder” who then abruptly “cut back into traffic,” according to The Oregonian. The driver of a pick-up swerved to avoid the reckless driver, went into a spin and crashed into a tractor-trailer. A TriMet bus traveling behind the pick-up also swerved in an effort to avoid the unfolding accident but wound up becoming part of it. Exactly what happened to the reckless driver who set all of this in motion is not mentioned in the media accounts – a fact which implies that the person ultimately responsible managed simply to drive away (particularly since both newspapers report that the police did not issue any citations at the scene of the multi-vehicle Oregon traffic crash).

That only one person was hurt in such a complex Oregon highway accident is a testament to the importance of seat belts. According to the Tribune “all drivers were using safety restraints.” That, at least, can be taken as a good sign. It was also surely fortunate that the bus was empty at the time of the accident. As I have noted in previous posts, TriMet has had a couple of difficult years leading to some significant questions about how – and how safely – it operates.

The New Year brought with it quiet news of an important development in the battle against Oregon distracted driving. Beginning this month, Oregon drivers stopped by police for using a handset while driving will no longer be able to avoid the two-year-old Oregon distracted driving law’s penalties by claiming that they were making a work-related call.

The language of the original bill passed by the legislature and signed into law by the governor allowed an exception for use of a handheld cellphone by an Oregon driver if the call in question “is necessary for the person’s job,” as the Los Angeles Times writes. This was arguably intended to be a way to protect police and other emergency services personnel whose jobs often require the use of a cellphone or hand-held radio.

In practice, however, it developed into a glaring loophole. As the Gresham Outlook noted in a recent editorial, the work exception “was that annoying escape route for ticketed drivers who used the ‘I was on a work call’ defense to get out of paying fines.”

The Consumer Product Safety Commission has issued a voluntary recall of “Little Tricky” kids bike helmets. See the link below for the original CPSC news release, including pictures of the helmets themselves. Parents should immediately double-check their kids’ helmets to ensure that the children are not using the affected products.

The agency news release says that the helmets “do not comply with CPSC safety standards for impact resistance.” That means that in the event of an Oregon bicycle accident the helmets might fail to offer the required protection. “Customers could suffer impact head injuries in a fall,” the CPSC warns.

According to the CPSC the helmets have been on sale since 2006. The company’s “Triple Eight” and “Sector 9” size “S/M” (for “small/medium”) models are affected by the recall. The government is urging parents to ensure that their children stop using the helmets immediately, and to return the helmets to the manufacturer for a full refund.

A few days ago I wrote about the importance of access to our courts and the myth that Oregon personal injury lawsuits are frivolous actions designed to clog up the legal system and undercut the business community. A case settled earlier this month in the southern part of our state illustrates my point perfectly. Through a settlement announced just before Christmas a severely injured motorist has used the legal system to achieve accountability from those responsible for his suffering and, in the process, to see justice done.

According to an account by the Associated Press, the victim of a horrific Oregon car-truck accident a year ago in Central Point will receive a $1.4 million payment to account for the injuries and trauma he suffered when “a trailer detached from the rig that was pulling it and slammed into his Chevy Silverado, flattening it and trapping him inside.”

Trapped in the wreckage for an hour-and-a-half the pick-up’s driver was badly injured. Upon finally reaching a hospital “he was treated for a broken neck, spinal fluid leakage… and (multiple) fractures… as well as nerve damage in his right arm and wrist,” the news agency reports. His suit against the truck driver and the driver’s employer alleged that the truck was operating recklessly at the time of the Oregon truck crash and that the vehicle had not been properly maintained.

A fatal accident earlier this month at an Eastern Oregon railroad crossing where collisions involving trains and vehicles have occurred in the past raises serious questions about corporate responsibility and road/rail safety.

According to Oregon Public Broadcasting (citing an article that originally appeared in the East Oregonian), a 63-year-old county worker died earlier this month “when a train struck a road grader on Canal Road south of Hermiston” in the Eastern part of the state. The worker was using the grader to spread gravel along one side of the tracks at the time of the accident. According to OPB “the train dragged the grader about 100 feet before it stopped.” The grader operator died at the scene of the Oregon train and car accident.

What makes this tragedy especially noteworthy are facts indicating it was ultimately preventable. As the article explains, at the crossing in question “motorists cannot see trains coming from the west until they emerge around a nearby curve. The crossing is uncontrolled, meaning it does not have traffic control arms.”

A pair of recent stories from Washington go a long way toward putting Oregon’s, and the nation’s, distracted driving problem in context: last week the National Transportation Safety Board formally called for a nationwide ban on “driver use of personal electronic devices,” according to the Washington Post. This came only a few days after new data compiled by the National Highway Traffic Safety Administration showed that “for all the criticism and new legal bans, texting by drivers just keeps increasing, especially among younger motorists,” according to a report filed by the Associated Press.

Both of the organizations are independent federal agencies. The NHTSA studies and promotes highway and traffic safety while the NTSB is charged with investigating transportation accidents of all types (i.e. not just cars and trucks).

The NTSB statement was particularly strongly worded, according to the Post, and followed the lengthy investigation of a crash last year in Missouri in which “a 19-year-old pickup driver sent 11 texts in the 11 minutes before the accident.” The paper adds that the NHTSA’s data show that in 2009 (the last year for which numbers are available) distracted driving resulted in 5000 deaths and half-a-million injuries on America’s roads.

It is simple to understand the idea: the time we spend stuck in traffic takes an economic toll (lost wages, lost sales, etc). Those expenses, in turn, are part of a broader cost to society that we all bear as a result of gridlock (lost productivity, air pollution and its associated medical costs, etc). A recent study by AAA, however, puts forward a, perhaps, more startling idea: that the societal cost of auto accidents is far higher than that of mere congestion.

As outlined in a recent article from The Oregonian, the study put the overall “cost to society” of traffic congestion at $958 million per year for the Portland-Beaverton-Vancouver metro area. An eye-popping figure, to be sure. Using the same data, however, it concluded that “the annual societal cost of traffic crashes… is $2.74 billion.” The analysis was based on 2009 data (the newspaper article, accessed through the link below, includes, in turn, a link to the original report in pdf form).

The article goes on to note that these Oregon car crash figures are roughly in line with national averages. On a national basis the spread between the true cost of vehicle crashes versus the true cost of congestion is $300 billion versus $97.7 billion, making the ratio roughly 3-to-1 at both the state and the national level.

A tragic central Oregon car crash has left a teen driver dead and injured four others according to reports in The Oregonian.

The crash took place on US route 26 near Madras, Oregon. According to the newspaper, a 17-year old driver traveling toward the east “drifted off the north shoulder of the road, according to state police. The 17-year-old driver then overcorrected the car and it crossed into the westbound lane where it collided with a westbound 2006 Chrysler van.”

The teen driver was pronounced dead at the scene of the accident. Her passenger, also a 17-year-old girl, was transported to a hospital in Madras with what the paper describes as serious injuries. The driver of the van, a 38-year-old Portland man, and his two children all suffered what were described as minor injuries in the Oregon car crash and were released after treatment at the area hospital.

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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