Portland Personal Injury Lawyer

4th Annual Safety Summit in Portland

Josh Shulman — Tue, 23 Feb 2010 15:24:00 GMT

This week, on Tuesday, February 16th, Portland hosted the 4th Annual Transportation Safety Summit. While there are more reports and details expected soon, BikePortland.org tells of a successful and well attended event. Over 200 people packed the University of Oregon's Stag Building, meeting with city leaders, the mayor, and concerned citizens. The purpose of the summit was to discuss how to close the gap between the desired state of transportation safety in the city, and the current state. Mayor Adams, who is also the Transportation Commissioner, spoke about Portland's challenges and successes. One success he pointed to was the passage of House Bill 2001, which should provide $300 million in transportation revenues that can be used to increase transportation safety.

Portland is well known for it's biking and walking routes, and the summit did touch on the Mayor and Department of Transportation's preference for increased bicycle use. Despite this, there is a need for more bike lanes and sidewalks. The Department of Transportation representatives explained that although the city is willing to spend money to improve roads and the modes of transportation for them, they are focusing on "lifelines" and busy routes. One concern about busy roads included the bus/bicycle dilemma - often times, buses and bikes jostle for position because the bus lane covers the bike lane. Other areas pose different problems, like the need for safe highway crossings. In order to address the different needs and concerns, the summit included individual meetings of the nine neighborhoods making up citizen coalitions in attendance. Each of those neighborhoods was able to openly discuss their reactions to the speakers and issues raised, as well as make their voices heard. While many were grateful for and excited about the forum, the summit did show city leaders and citizens that more discussions and work is needed.

Originally posted at InjuryBoard by Josh Shulman

Oregon police hit the road to enforce cell phone ban

Josh Shulman — Sat, 30 Jan 2010 18:01:00 GMT

Last week, Portland's law enforcement was out on the Southeast streets to crack down on cell phone use by drivers. However, there wasn't as much of a crack down as there was a let down. Police handed out 55 tickets and several more warnings. Two of them to the same person - within a few minutes.

We appreciate police taking the time to educate drivers about the law, and giving them the chance before slamming them with a $142 ticket. But we think distracted driving has gone on long enough, and it's time to take this seriously.

We're actually more disappointed in the drivers. Not only do the drivers seem to have no regard for the unsafe behavior and complete disregard for vulnerable pedestrians and other drivers who know the law and obey it, but we have very little tolerance for the excuse: "I didn't know!"

How? The dangers of calling or texting while driving has been all over the news. Oregon media - as well as our posts on pdxinjurylaw.com - have for months been lauding the legislation, as well as alerting as many as possible of it. If you don't know, surely someone you know does. We must all take action to make sure everyone driving is aware of the law - and obeying it.

There are no more excuses. We hope that when police start handing out tickets, they will not be so generous. We have, unfortunately, been too lax on this in the past. Now that we know it can save lives, people have to fight what, sadly, has become second nature to us.

Originally posted at InjuryBoard by Josh Shulman

Do care to use 'due care'.

Josh Shulman — Tue, 26 Jan 2010 17:59:12 GMT

In car accidents in Oregon, there's a lot of talk surrounding who's at fault. Sometimes this is clear; other times it's not. And very often there's never anyone completely, 100 percent to blame. And as clients come in our office, and as we read about crashes every day, we realize that to prevent this sort of thing, everyone needs to practice what the law calls "due care." It's the best way to stay safe, and as a driver, cyclist, or pedestrian, you have to do as much as you can to protect yourself against injury.

If you read the Oregon Revised Statutes (ORS), you may see mention of practicing "due care." Due care refers to the effort made by an ordinary person to avoid harm to another person, taking the circumstances into account. ORS states the responsibilities of those driving motor vehicles, which includes electric scooters, bicyclists, and pedestrians all with regard to due care. The statutes can be found here:

http://www.leg.state.or.us/ors/811.html

http://www.leg.state.or.us/ors/814.html.

The Oregon Department of Motor Vehicles also mentions these driving rules in the Oregon Driver Manual, which can be found here http://www.odot.state.or.us/forms/dmv/37.pdf.

Now that you know what due care is, how can you practice it? Here are some helpful tips.

Pedestrians

Under ORS Section 811.005 it states,

“Duty to exercise due care. None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians.”

The Driver Manual states that,

“Drivers must recognize the special safety needs of pedestrians.... You must stop and remain stopped for a pedestrian crossing at a crosswalk.”

But that doesn't excuse a pedestrian from exercising due care. The manual also states that the pedestrian

“must not suddenly leave a curb or other safe waiting place and walk into the path of a vehicle if it is so close that it is an immediate hazard.... When walking, do all you can to make yourself visible to help drivers prevent collisions.”

Practicing due care:

As a driver:

Be aware of the pedestrians on the sidewalk. Be especially cautious when approaching intersections, especially when turning, as a pedestrian may continue into the path of the car.

As a pedestrian: Walk in safe areas, stay on sidewalks (avoid walking on the street).

When there is a marked crosswalk, use it. Try to wear bright and reflective clothing, especially at night so drivers can clearly see you.
But never, never assume a driver can see you, despite all of your efforts. Stop before crossing a street, and wait for the driver of the car to come to a stop before walking. Don't think that just because you're in the crosswalk, a driver will stop.

Bicyclists

When it comes to cyclists, it gets a little complicated, because bicyclists fall somewhere between car and pedestrian. The Oregon Revised Statues (ORS) mentions responsibilities of drivers with regard to bicyclists and vice versa:

“811.055 Failure to yield to bicyclist on sidewalk; penalty (2) Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.”

Bicyclists are also mentioned in another section of the statutes.

“814.400 (3) Application of vehicle laws to bicycles. The provisions of the vehicle code relating to the operation of bicycles do not relieve a bicyclist or motorist from the duty to exercise due care.”

The Driver Manual states that

“The same traffic rules and regulations apply to both bicyclists and vehicle drivers.”

Practicing due care:

As a driver:

Be aware of the bicycles on the sidewalk and in bike lanes. Be especially cautious when approaching intersections, especially when turning, as a bicyclist may continue into the path of the car.
Make sure to know your hand signals to know when bicyclists are trying to communicate with you.

As a bicyclist:

Make sure you ride on the proper side of the road.
Make sure your bike is equipped with working reflectors and lights.
Stay in bike lanes when possible or on the side of the street, its safe than the sidewalk.
Walk your bike across crosswalks at intersections.
Know your hand signals to communicate with drivers.

Personal Electric Vehicles

ORS states:

“814.550 (5) Application of vehicle laws to electric personal assistive mobility device.The provisions of the vehicle code relating to the operation of an electric personal assistive mobility device do not relieve an operator or motorist from the duty to exercise due care.””

The Driver Manual states that

“An operator of a low-speed vehicle must follow all rules or laws of the road that apply to persons operating a motor vehicle.”

Practicing due care:

As a driver:

Be aware of your surroundings while you drive, especially the sidewalks. Take caution when approaching intersections and crosswalks.

As an operator of a personal electric mobility device:

Do not drive in the streets.
Use designated crosswalks to cross.
Make sure your mobility device is visible at night with reflectors or lights.

Emergency Vehicles

ORS states:

“814.050 (2)(b) Failure to yield to ambulance or emergency vehicle. This section does not relieve the driver of an ambulance or emergency vehicle from the duty to exercise due care to avoid colliding with any pedestrian.”

The Drivers Manual states that

“Drivers of emergency vehicles, such as police, ambulance or fire trucks, must drive with regard for the safety of other highway users.” ... “You must yield right of way to emergency vehicles…when these vehicles approach you from any direction using a light or siren.”

Practicing due care:

As a driver:

Pay attention to lights and sirens of an emergency vehicle.
Pull over to the right side of the road safely, and allow the emergency vehicle to pass.
Do not follow an emergency vehicle within 500 feet.

As a driver of an Emergency Vehicle:

Ensure your lights and sirens are functioning.
Use lights and sirens when tending to an emergency.
Ensure that intersections are clear before you enter.

Originally posted at InjuryBoard by Josh Shulman

Portland cyclist - and its reputation as bike-friendly city - takes hit

Josh Shulman — Mon, 11 Jan 2010 15:53:11 GMT

In December, a Portland judge ruled in favor of a motorist who turned right in an intersection and subsequently hit a cyclist who was in, and therefore proteceted by, a bike lane — or so the cyclist, and everyone else involved, thought.

In the report we first read about on BikePortland.org:

When Portlander Rob Daray witnessed a right-hook collision on his commute home last summer he thought it was obvious who was at fault. So did the police officer who cited the operator of the motor vehicle for “failure to yield to a bicycle.” Even the woman driving the car admitted she made an abrupt right turn without checking her blind spots.

But when the case came up in traffic court, the judge came to a different conclusion and now Mr. Daray and others familiar with this are worried that people who ride bicycles are vulnerable — not just on the street, but in the legal system as well.

On June 10th, Mr. Daray was riding his bicycle eastbound on SE Hawthorne Blvd just before 5:00 pm when he looked up and saw a gray Toyota Prius turn right onto SE 10th. The Prius, driven by Ellen Metz, collided with a woman on a bicycle who was traveling in the same direction. The woman on the bike was Carmen Piekarski a cartographer who works for the City of Portland’s Bureau of Planning and Sustainability. She was thrown from her bike and sustained serious road rash and is still in physical therapy for a shoulder injury.

The biking community, along with others, is of course outraged at the ruling. We and other lawyers have chimed in as well. It is amazing that cyclists, pedestrians, lawmakers, police - even drivers - have learned the law and accept it as second nature. Portland police have made videos highlighting the classic right hook, what the law says about, what drivers and cyclists are supposed to do in such a situation, and then safety precautions each should take to prevent an accident. But when an accident does happen, the law is supposed to be on the side of the "vulnerable user" (i.e., the cyclist).

Instead, what the judge has done is muddled what so many had worked so hard to cement in everyone's minds as not only safe but adherent to law.

ORS 811.050 states that:

A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, electric personal assistive mobility device, moped, motor assisted scooter or motorized wheelchair upon a bicycle lane.

A bicycle lane is defined as "that part of the highway, adjacent to the roadway, designated by official signs or markings for use by persons riding bicycles except as otherwise specifically provided by law."

And as anyone can see, not even car lanes continue through most intersections. Therefore, if we were to take the ruling as law - or fact - then that would mean the intersection could in essence be the one area not covered by law. It would be pandmonium. What is not stated explicitly in the law is understood by common sense.

We think the law is clear.

Ruling aside, this incident has reminded us that even if the law is on our side, cyclists are, like it or not, vulnerable in traffic. So we want to take this opportunity to remind everyone of some very important safety precautions.

Cyclists:

Never assume a motorist sees you. Obey the laws of traffic and try to make eye contact or communicate through hand signals, but never, ever take for granted that a car is supposed to stop for you. Give yourself plenty of distance, and even if you think you are safe, take one more glance around you to ensure someone is not coming at you.
Even though this accident happened in the peak of summer, when the weather was warm and the sun was shining, every cyclist should wear the recommended safety gear: reflective and/or bright-colored clothing, lights in the front and back of the bike, and of course, a helmet.

Motorists:

You have the responsibility as the bigger and faster vehicle operator to practice due care. When you have the weight and power of a car on your side, you also have an obligation to smaller and slower cyclists and pedestrians.
Always be aware of your surroundings and watch for cyclists, especially at intersections. It makes sense. While cyclists are in a bike lane or sometimes on a sidewalk the one place, or most likely place, the two of you will converge is at an intersection. Be especially careful here.
Slow down.
Check your blind spot. Twice, if you have to.
If an accident does occur, stop, assist the victim, and exchange any contact and insurance information.

According to an update, the cyclist, Carmen Piekarski, still cannot move her arm to its full extent without pain and cracking. And she has decided against a civil lawsuit.

We have laws put in place for a reason, but that reason is not to exclude citizens from individual responsibility. We all share the road, and we all have the right to safety.

Originally posted at InjuryBoard by Josh Shulman

Parking Lots: Confusion about laws, right-of-way causes accidents

Sean DuBois — Tue, 08 Dec 2009 19:43:24 GMT

'Tis the season for Black Friday sales, doorbusters, and last-minute Christmas shopping. Which means it is also the season for crowded parking lots, single-minded shoppers, and cranky children. What does all of this mean?

It means that, now more than ever, we need to be conscious of parking lot safety. According to one study, almost 20% of all auto accidents occur in parking lots, and that statistic surely rises as more and more people flock to crowded shopping areas.

While not all auto accidents that occur in parking lots cause deaths, serious injuries, or expensive property damage, they are not something to take lightly. It doesn't take a high-speed collision to do damage to a costly car part, or injure a person, and yet many people drive through parking lots as if traffic safety rules stopped at the road.

The problem with most parking lot accidents is that many people are simply not on their guard in the parking lot like they would be on a highway or street. People talk on their cell phones, adjust their shopping bags, back out of parking spots without looking for oncoming cars, and speed down aisles without looking for cars backing out. Inexperienced drivers may find pulling into or out of tight parking spots difficult, and may accidentally scrape the cars in the adjacent parking spots.

Pedestrian accidents are also more of a concern in parking lots, since lots of people are walking to and from their vehicles. Drivers often neglect stop signs and crosswalks in parking lots, which puts pedestrians at risk, especially at night.

Many people may neglect parking lot safety because they assume they have the right-of-way. The truth is, parking lot driving laws are very complicated, and it is always safer to assume that the other driver in the parking lot thinks they have the right-of-way too.

If you exercise defensive driving techniques, keep an open eye for pedestrians, obey all of the traffic signs in the parking lot, and drive slowly, you will lower your risk of being in a parking lot accident.

Originally posted at InjuryBoard by Sean DuBois

Pedestrian Crosswalk Death Highlights Nighttime Dangers and Safety

Josh Shulman — Mon, 09 Nov 2009 15:38:00 GMT

A horrific pedestrian accident a few days ago in Portland serves as a grim reminder of the importance for drivers to pay extra attention once the sun sets and for pedestrians to use extreme caution while crossing the street at night - even in well-marked crosswalks. And with the recent time change, rush hour falls on some of the most dangerous hours to drive. There are more people - drivers and pedestrians alike - and therefore more chances for something like this to happen. The tragedy also showcases the need for cities to be sure their streets and intersections are well-lit to help keep their populations safe.

According to Portland's NewsChannel 8:

Two women were hit by a car and one of them died as they tried to walk across a crosswalk in Southeast Portland on Sunday night, Nov. 2, 2009. Police said the crosswalk was clearly marked but the driver did not see the pedestrians in the dark.

The women were thrown onto the car’s windshield when they were struck. Police said 23-year-old Lindsay Leonard was killed in the crash and her 29-year-old roommate, Jessica Finlay, was rushed to the hospital in critical condition.

People who live nearby said the intersection was poorly lit and it’s always been a dangerous place to cross the street at night.

It is so sad and unfortunate that something as simple as crossing a crosswalk could be fatal, but the tragic truth is that accidents like this happen all too often, especially in poorly lit areas like this one at night. There are many cases of late-night pedestrian accidents in Oregon, like the case of the drunk man who hit two teenagers crossing their city's only crosswalk during halftime of the local football game. In fact, 54% of pedestrian deaths recorded in 2003 happened between the hours of 4 pm and midnight, when it is hardest for drivers to see people in the road.

Thankfully, there are simple safety precautions both drivers and pedestrians can follow to help ensure that our roads stay safe.

Drivers:

-Pedestrians do not always cross at crosswalks, so always be on the lookout for people in the road.

-Be especially careful if it is dark or the weather is rough, it may be harder to see pedestrians.

-Always drive the speed limit, especially in urban areas or near crosswalks, in case you have to stop quickly to avoid a collision.

- If you are attempting to turn onto a new street, watch for pedestrians crossing into your intended path.

-Be careful around school areas, since children are less likely to understand and follow safe pedestrian behavior.

-DO NOT drink and drive, or do anything to impair your ability to be a safe driver.

-In general: PAY ATTENTION

Pedestrians:

-Walk in areas where drivers can anticipate you. Choose crosswalk areas and sidewalks over freeways or restricted zones when at all possible. Also, obey traffic signals.

-If you must walk on the road, walk facing traffic, so that you can see the vehicles coming toward you.

-Dress in light or reflective colors, especially at night, to make it easier for drivers to see you.

-Always be aware of your surroundings, and be very cautious when crossing large highways or high-speed roads.

-Don't assume that a driver sees you, always err on the side of safety.

-Do not drink alcohol if you are planning on walking anywhere; alcohol affects your judgment and reaction time just as it affects someone who is driving a car.

The state of Oregon has laws in place to help reduce the number of pedestrian accidents that occur in the state every year. These laws mandate that drivers stop and remain stopped for pedestrians crossing at intersections and traffic lights until the pedestrians have cleared a safe area around the vehicle.

These laws should help crack down on irresponsible drivers, and will hopefully make pedestrian deaths a thing of the past.

Members of the community should also be active in making neighborhoods safer. If there is an intersection that you think is unsafe, report it. And don't be afraid to repeatedly address the problem. Get your neighbors involved. Volunteer your time and money, too, if you feel it is important enough to have a safe neighborhood. Be a community of action.

Originally posted at InjuryBoard by Josh Shulman

Portland Officer Injured In Crash During Taping Of The TV Show COPS

Chrissie Cole — Wed, 30 Sep 2009 16:14:00 GMT

A Portland police officer was injured in a car crash during taping of the TV show “COPS.”

The accident happened Tuesday night when a vehicle crossed the center line at the intersection of SE 136th Ave. and Stark Street and struck Officer Ruppel's police cruiser head-on, according to Portland police.

Ruppel and two members of the show’s product crew were taken to the hospital with non-life threatening injuries.

The driver, Robert King, 53, suffered minor injuries.

"COPS" has been in Portland the last six weeks filming for upcoming shows on Portland police, according to Detective Mary Wheat.

Originally posted at InjuryBoard by Chrissie Cole

Car Crashes Into Portland Home Injuring Two

Chrissie Cole — Sun, 22 Mar 2009 14:39:00 GMT

A car struck a power pole and then a house in Portland Sunday, sending two people to the hospital.

The car crash occurred at the intersection of Southeast 162 Avenue and Taggart Street. According to police, two people were inside the vehicle traveling north on 162 Ave when the driver – traveling about 80 mph in a 40 mph zone – lost control and struck the pole and then the house.

The driver and passenger, 16, were taken to the hospital where they are both being treated in the ICU.

There were people inside the home when the accident occurred, but no one was hurt.

Wayne Louie, who lives across the street from the crash scene, said the wreck didn't come as a surprise.

"I've lived here two years and there have been two accidents just in this corner right here," Louie said.

Police say alcohol does not appear to be a factor.

Originally posted at InjuryBoard by Chrissie Cole

Two Teens Die in Oregon Car Accident

Jenny Albano — Sun, 30 Mar 2008 12:33:51 GMT

Two teenagers from Roseburg, Oregon died on Friday, March 28 after the car they were riding in swerved off the road, hit an electrical pole, hit a tree, and then flipped over. The 15-year-old driver, Jacob Gonzales, of the 1995 Toyota Camry is in serious condition after the car accident and another passenger was already treated and released from the hospital.

Gonzales failed to negotiate a corner and the vehicle left the road near Goedeck Avenue. The driver's side of the vehicle swiped an electrical pole and then spun around and hit a fir tree. The vehicle knocked the tree down and the car flipped upside down.

Both Rachel Merrell, 17, and Anthony Nickels, 15, both of Roseburg, were pronounced dead on the scene and Gonzales was flown to Legacy Emanuel Hospital & Health Center, where he was listed in serious condition Saturday afternoon. Sarah Sitton, 16, of Sutherlin, was treated at Mercy Medical Center where she has been released.

The electrical pole damage caused local homes to lose power until workers were able to replace the pole.

Originally posted at InjuryBoard by Jenny Albano

Toxins in Fish Sicken Many in U.S.

Jenny Albano — Wed, 06 Feb 2008 16:26:22 GMT

The FDA has announced that there have been at least 28 reports of consumers getting sick from ciguatera fish poisoning. The fish that were eaten were harvested in the northern Gulf of Mexico. The first reproted case was in November and outbreaks of the illness were confirmed in Washington D.C. and St. Louis.

Symptoms of ciguatera poisoning include nausea, vomiting, vertigo and joint pain. In the most serious cases, neurological problems can last for months or even years. Grouper, snapper, amberjack and barracuda are the biggest threat to consumers.

Ciguatera is common in fish living in tropical and subtropical regions, including the Caribbean Sea, the South Pacific Ocean and the Indian Ocean. But the FDA has considered it rare for fish in the northern Gulf of Mexico to have the toxin.

The fish linked to the ciguatera poisoning were harvested near the Flower Garden Banks National Marine Sanctuary and the FDA is recommending that processors not buy the fish harvested near this sanctuary. The FDA is also warning processors to make sure their hazard control plans are up to date, because failure to take the proper precautions could cause their products to be considered adulterated.

Consumers who think they may be ill due to ciguatera poisoning should consult a physician and report their illness to the local health department.

Originally posted at InjuryBoard by Jenny Albano