TriMet is considering changing its left turn policy after a recent fatal pedestrian accident when a TriMet bus struck a group of pedestrians in Northwest Portland. According to a KGW news report, the driver turned left from NW Glisan onto Broadway when she struck five people. Two pedestrians – Jenee Hammel, 26, and Danielle Sale, 22 – were pronounced dead at the scene of the April 25, 2010 crash. Hammel's 28-year-old brother, Ryan, and his sister-in-law, 23-year-old Jamie Hammel, sustained minor injuries. A fifth person, 22-year-old Erik Gittings, was seriously injured and transported to a local hospital.

I offer my deepest condolences to the families of the deceased victims. I also wish the injured victims the very best for a speedy and complete recovery. Please keep these injured victims and their families in your prayers.

Left Turns Involving Buses are Dangerous

A federal study shows that these types of accidents are more than twice as likely to occur during left turns. In cities such as Cleveland, transit administrators recently installed a vocal alert system to warn pedestrians and prevent such bus accidents. Some transit lines require their bus drivers to honk before turning. A few cities have even banned left hand turns. However, that is not an option for TriMet because of Portland's one-way streets. TriMet officials also have problems with verbal warning systems because there is already a lot of "ambient noise."

Officials are also concerned that pedestrians may get desensitized to hearing the warning. TriMet officials have said that they are reviewing their left turn policy and are considering requiring their drivers to honk as they make left turns. A grand jury will also hear testimony from safety experts and witnesses as the investigation into the fatal pedestrian accident continues.

Liability Issues

If I were a member of these victims' families, I would certainly want to know whether the bus driver's negligence or inattention caused or contributed to this tragedy. Was she impaired? Was she distracted by something? Was she driving recklessly? I trust the investigation is focused on all these issues and much more.

If the bus driver is determined to have been at fault, then the transit authority can be held liable for the wrongful deaths as well as injuries caused in this case. Injured victims can seek compensation to cover medical expenses, loss of earnings, hospitalization and therapy costs. Family members of deceased victims can file wrongful death claims and seek compensation for medical/funeral expenses, lost future earnings, loss of love and companionship, and other related damages. Also, in Oregon, any claim against a governmental entity must be filed within 180 days of the incident. An experienced Oregon personal injury lawyer will be able to advise victims and their families, in such cases, about their legal rights and options.

What suggestions do you have to make streets safer for pedestrians, especially on roadways where bus traffic is high?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.

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