10 Trial Lawyer • Fall 2022 need for safer pedestrian infrastructure based on a still often-repeated view that distracted walking, not dangerous roads, is the cause of many crashes killing people on foot. The OregonWalks report examined that issue. While the Portland Police Major Crash Team investigators were not able to make a determination in every case, they did not find any evidence of distracted walking or distracted driving in any of the 26 pedestrian fatality crashes for which they were able to make a determination over the 3-year study period. You can help Here are some ideas for how to get involved: • You may know clients or others who have lost a loved one in a crash. When they are ready, urge them to look up Families for Safe Streets of Oregon and SW Washington on Facebook. The group advocates for policies to prevent fatal crashes, and helps victims’ families. Member Darla Sturdy recently won legislation establishing an outside committee to review TriMe t c r a she s and re commend improvements. Member Michelle DuBarry recently won a “make whole” law in Oregon (see her article page 24), ending health insurers’ practice of taking payments for themselves even when a settlement or verdict is insufficient to make the crash victim whole. (Federal amendment of ERISA likewise is still needed.) • You may see hazardous conditions or roadways that are operated with unsafe conditions. Report them. In Portland, requesting speed bumps and speed limit reductions, or asking for parking to be set back where it blocks sight triangles at side street intersections are advocacy steps that can have some of the most important impacts. Vision Zero Continued from p 8 Lawyers experienced in analyzing crashes can help spot these problems. Try to do this in areas with the greatest need. • You may have opportunities to encourage a local transportation agency to implement speed reductions now authorized by ORS 810.180(7), (8) or (10), replace officer enforcement with automated speed cameras, or establish and fund a traffic calming program for your city (Portland’s was eliminated in the 1990s). • Call out traffic engineers who present themselves as policymakers with authority to maximize automobile speed and volumes, rather than as technicians tasked with implementing the Vision Zero plans approved by actual policymakers. • Ask your legislator to scale traffic fines so the poor are not overburdened and the rich are not undeterred. • Join me in developing a pro bono partnership with volunteers to enforce laws against dangerous driving behaviors where police lack resources to do so, pursuant to ORS 153.058. Take advantage of opportunities to strengthen law and policy for safe streets in your community and statewide. Change takes a long time, and wins can seem few and far between. They’re worth it. Scott Kocher handles catastrophic injury and death cases primarily involving roadway col l i s ions , medical negl igence, premises liability and child welfare agency negligence. Kocher has worked to improve roadway safety through service on state and local bicycle and pedestrian advisory committees, the Oregon Transportation Safety Action Plan and Oregon Walks. He contributes to the OTLA Guardians of Civil Justice at the Guardians Club Level. His firm is Forum Law Group LLC, 811 SW Naito Pkwy., Ste. 420, Portland, OR 97204. You can reach him at 503-4452102 or scott@forumlawgroup.com.
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