Articles Posted in Motor Vehicle Accidents

A Portland traffic accident last week that resulted in the death of a 54-year-old pedestrian is still under investigation by Oregon law enforcement authorities, according to The Oregonian and other local media. Though the police are reported to have issued no citations at the site of the accident, the incident raises the possibility of a Portland wrongful death claim.

According to The Oregonian, “Christopher Berard, of Southwest Portland, was crossing SW Barbur at SW Capitol Highway from east to west around 8:45 p.m. against the “Don’t Walk” signal” last Thursday when he was struck by a car headed south on SW Barbur.

Berard was transported to a nearby hospital following the Portland traffic accident, but subsequently died of his injuries, according to television station KPTV. Though the precise circumstances of the fatal Oregon car accident remain under investigation the driver of the car that struck Berard is cooperating with law enforcement, KPTV reports.

A driver who allegedly hit two Portland cyclists in the space of a minute is being sought by police, according to an account of the incidents in The Oregonian. The Portland car and bicycle accidents took place “shortly before 8 a.m. Tuesday”, the paper reports. In both instances police describe the bikers as lucky to be alive, and say that officers were shocked by the apparent circumstances of the incidents.

Citing law enforcement sources as well as eye-witnesses, the newspaper describes a young (age 18 to 20) and erratic man driving a Subaru with no license plates. The first victim, a 47 year old man, was struck as he signaled to change lanes. He describes the driver as “clearly mad that I was in his way” and said the car sped around him, knocking him off of his bike in the process. The second incident took place barely a minute later near the Rose Garden. In that incident a 27-year old woman was struck and hurled through the air. She required hospitalization, though her injuries were described as not being life-threatening.

The incidents are a reminder that even in this – often cited as one of the most bicycle-friendly cities in America – things can go desperately wrong. If you have been hit by a car as part of an Oregon bicycle accident you owe it to yourself and your loved ones to make contact with a Portland bicycle injury lawyer as soon as possible.

An August 2009 head-on car crash that left two dead in Bethany, near Beaverton, is the subject of a suit brought under Oregon’s dram shop laws, according to an article published last week in The Oregonian.

The Oregon dram shop suit has been brought by the family of Thai Hoang-Williams, who died as a result of a head-on collision with Belinda Lopez, who also died in the Oregon car crash. Lopez’s car crossed the centerline to strike Hoang-Williams’ vehicle. At the time, police blamed speed for the accident, but a private investigator hired by Hoang-Williams’ family also found that Lopez had been drinking heavily at a nearby restaurant, Chen’s Dynasty, shortly before the accident.

According to the newspaper, the Oregon wrongful death lawsuit alleges that Chen’s Dynasty shares responsibility for the accident with Lopez herself because it allegedly continued to serve her alcohol after she was drunk. This claim, according to the newspaper, is based on toxicology reports that were not released publicly at the time of the crash, but which show Lopez to have been significantly over the legal limit for blood alcohol at the time of the accident.

In a sign of the ever-growing concern with distracted driving, a San Antonio bus driver has been convicted of reckless driving for texting while behind the wheel. His city bus, moving at 34 miles per hour according to police testimony, rear-ended an SUV in rush hour traffic, according to a report in the San Antonio Express-News. After watching footage from an on-board surveillance camera that showed the driver checking and sending texts on his cellphone for a full six minutes leading up to the June 2008 accident, Jurors returned a guilty verdict in just 10 minutes.

Prosecutors are requesting jail time for the driver (he could face up to 30 days), saying he should be made an example of the dangers of how reckless distracted driving is. Sentencing is scheduled to take place in November.

The conviction is significant, in part, because texting while behind the wheel is not, in and of itself, illegal in Texas, as it is here in Oregon. According to the Insurance Institute for Highway Safety bus drivers are, legally speaking, perfectly free to text while they drive in Texas so long as no passengers age 17 or younger are on board (which presumably rules out texting by school bus operators, but leaves municipal bus drivers in the clear). Prosecutors, however, argued successfully that texting is so obviously dangerous an activity that doing so while driving fits any reasonable standard of reckless driving, according to the Express-News.

The Oregonian reports that the 6-year-old survivor of a Labor Day weekend Oregon car crash is still hospitalized in serious condition, even as the operator of the car that caused the accident has been charged with a series of vehicular offenses by the district attorney in Klamath Falls.

The boy was seriously injured, and his great-grandparents killed, when 22-year-old Carrie Ames allegedly slammed into them in a head-on Oregon car crash. Ames and an 18-year old passenger in her car suffered only minor injuries.

According to The Oregonian, Ames has been charged “with two counts of first-degree manslaughter, driving under the influence of intoxicants, second-degree assault in connection with the 6-year-old’s injuries, and third-degree assault in connection with injuries “ to the teenage passenger in her own car.

A fascinating analysis published last week in the online Portland newspaper Enzyme PDX looks at the question of road fatalities – an issue as ever-present here in Portland as it is anywhere else. Specifically, the article compares Portland’s approach to road safety the approach used in Sweden. As the article notes, Portland’s population is just over one-third that of Sweden. But even though Sweden has a lot more people, it and Portland recorded around the same number of traffic fatalities in 2009 (355 for Sweden, 331 for Portland). This year, Portland’s streets have been deadlier – 198 fatalities so far in 2010 versus only 162 in Sweden. Again, that’s not Stockholm – it is all of Sweden.

Why, Enzyme PDX asks, do Sweden’s roads seem to be so much safer? The difference, the news site suggests, is essentially philosophical. Since 1997 Sweden’s traffic planners have worked on the assumption that they – the planners – are responsible for constantly modifying the traffic system in an effort to reduce or eliminate serious injuries and deaths while keeping traffic moving. This does not, they stress, relieve drivers of responsibility in any way. It does mean that the people who manage the transport system see lowering fatalities as just as much of a daily task as keeping the traffic moving.

Some of Sweden’s methods are well-known. The country has famously tough drunk driving laws and is equally famous for the zeal with which it enforces them. Less well known, and explored at length by Enzyme PDX is the effort the Swedes put into figuring out how best to help bikes, cars and pedestrians co-exist on the country’s streets and roads. Much of the time, that means forcing cars to slow down in areas where bikes and foot traffic are present. According to the website, speed limits in Swedish cities are a mere 18.6 miles per hour (30 km per hour) – because years of data analysis has shown that to be the optimal speed for overall safety in mixed-use areas.

The driver of a semi that set in motion a five-vehicle Oregon truck crash was cited at the scene of the accident, according to the Portland Tribune and other media reports.

The pile-up took place Tuesday morning in the eastbound lane of Highway 224. It began when a semi encountered slow-moving traffic but failed to slow down promptly. According to the Tribune, quoting police officials, the semi rear-ended a car in front of it, setting off a chain reaction as that car was, in turn, pushed into the next vehicle in line, and so on.

The 17-year old Milwaukie girl driving the first car – the one actually struck by the truck as it triggered the Portland car and truck accident – had to be cut out of the wreckage of her car by medics and fire personnel, the newspaper reports. She was taken to an area hospital with injuries described as “serious, but not life-threatening.” A passenger in one of the other vehicles involved in the Oregon truck accident was also treated for minor injuries.

A study released last week by AAA seems certain to add to the debate surrounding distracted driving in Oregon and elsewhere around the nation. According to the survey, as reported by the Chicago Tribune, two out of every three dog owners “said they routinely drive while petting or playing with their dogs.”

Need I mention that this is not a very safe practice?

In fact, according to Fox News (reporting on the same AAA study), an unrestrained animal in a moving car poses the same degree of distracted driving danger as texting. Texting while driving is, of course, illegal in Oregon and a growing number of other states. That is somewhat ironic since, as the Tribune notes, “there are no state laws requiring drivers to buckle up their pets or prohibiting them from holding animals on their laps.” The paper quotes a AAA spokeswoman saying the auto club considers this situation “an increasingly big problem.”

Luck, and his helmet, appear to have saved the life of a 13-year old Milwaukie, Oregon child injured this week in an Oregon bike accident. According to The Oregonian, the boy “survived a collision with a car”, in part because he was wearing a heavy-duty helmet received as a gift from his mother only days earlier.

The Oregon bicycle accident took place at the intersection of Southeast Thiessen and Oetkin Roads south of Milwaukie’s city center. According to the newspaper, a motorist making a left turn collided with the boy, throwing him off the bike head-first and into the car’s windshield.

The boy “suffered a broken toe, dislocated left hip and fractured femur in the crash,” The Oregonian reported, but, thanks to the helmet, has no serious head injuries. Police officers quoted by the newspaper speculated that the boy was helped by the fact that he was wearing a heavy-duty skateboarding helmet rather than a traditional bike helmet at the time of the accident. The difference in helmets may have been a factor in the boy’s avoidance of Oregon traumatic brain injury.

It was, perhaps, inevitable that distracted driving would one day be linked to the death of someone famous. Thus have celebrity watchers this week been obsessed with the Southern California car accident that claimed the life of Dr. Frank Ryan, a cosmetic surgeon well-known for operating on well-known people.

The initial reports of Ryan’s death were relatively straightforward: “The California Highway Patrol says Ryan’s 1995 Jeep Wrangler went off the side of Pacific Coast Highway near Malibu and landed on its roof Monday afternoon,” the Associated Press reported. It did not take long, however, for the nature of the story to change. Soon many media outlets were noting that California authorities are considering whether the car crash “was a result of distracted driving from texting and tweeting at the wheel,” according to a report by CBS News. According to CBS, Ryan “was sending pictures and updates to his twitter page” only “moments” before the fatal car accident.

As it is here in Oregon, texting while driving is illegal in California. Does it take the death of someone (moderately) famous to force home the message that texting while driving – even in places where it is legal (and, to repeat, that does not include either California or Oregon) is among the more insanely dangerous things one can do while also trying to operate a speeding car?

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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