Sunday, February 10, 2013

Angry Astoria Mother Wants Answers From City Of Astoria On Why A Careles Driver Who Struck And Injured Her Son In A Crosswalk Was Not Cited By Astoria Police Officer!

From: "diana johnson" <gl*^#*+@.....com>
Date: Feb 10, 2013 2:44 PM
Subject: Uncited vehicle/pedestrian collision - Uniontown, Jan. 19th
To: <mayor@astoria.or.us>, <betsyjohnson@state.or.us>
Cc:

Mayor Van Dusen and Senator Betsy Johnson:

On a beautiful, dry Saturday afternoon, January 19 at 3:29 pm, my son, Ben Johnson:
  • Activated the amber flashing signal at W. Marine Drive located in front of 3 Cups of Tea (under the bridge in Uniontown)
  • Paused and waited for the nearest vehicle to come to a full stop
  • Proceeded to cross when the first vehicle had stopped 
  • Was struck by a Ford F250 truck in the adjoining lane 
  • Was transported to the ER at Columbia Memorial Hospital and 
  • Was diagnosed with a concussion.
The driver of the truck was not issued a citation.

Officer Robinson of the Astoria Police Department, the officer who responded to the scene of the accident, delivered Oregon Police Traffic Crash Report #A201320204.
He stated that:
  • The driver of the vehicle was a "nice guy" who was concerned about Ben's injuries and
  • He and another officer had discussed the accident and felt that bicycles should not be ridden across crosswalks.
Within minutes, via internet, I was able to check Oregon laws: 
  • 2011 ORS 814.410 ...a bicyclist on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk
  • 2011 ORS 811.060 (Class A misdemeanor) Committing vehicular assault of a bicycle operated by a person, a person operating a bicycle or a pedestrian and the contact caused physical injury to the person operating a bicycle or the pedestrian
  • 2011 ORS 811.028 (Class B traffic violation) Failure to stop and remain stopped for a pedestrian. A pedestrian is crossing the roadway in a crosswalk when any part of extension of the pedestrian, including but not limited to any part of the pedestrian's body, wheelchair, cane, crutch or bicycle moves onto the roadway in a crosswalk with the intent to proceed.
  • 2011 ORS 811.020 (Class B traffic violation) Passing a stopped vehicle at the crosswalk
Oregon attorneys who specialize in bicycle law, agree that a person on a bicycle in a crosswalk has every right that a person on foot has to cross safely. 

I need also to address the implication that the driver of the truck who struck my son was a "nice guy."
Does this assume, then, that my son is not deserving of "nice guy" status? 

Let me introduce you to Ben Johnson.
  • 24 year old, African-American with Downs Syndrome
  • will never drive a car and has relied on his bicycle to maintain a sense of independence. His bike was a cumbersome 3-wheel adult trike - but it was his joy
  • has an acute sense of civic duty. For the past 6 years, every Sunday from the opening of the Astoria Sunday Market in May through the final Sunday in October, Ben has gleaned fruits and vegetables for donation to the Astoria Senior Center. 
He often used his adult trike to collect the produce from the vendors. This is a remarkable contribution to the community since it supplies our low-income seniors with healthy, free produce. By the end of the     market season each October, Ben collects over 1500 pounds of fresh produce for distribution to the Senior Center. 

Over the course of 6 years, he has contributed 9600 pounds of fresh, wholesome food to the Astoria Senior Center. 

In addition, he volunteers with fresh fish butchering and delivery to the Astoria Senior Center, an activity that runs from July through November. He has undertaken this volunteerism over the past 5 years.

As the mother and guardian of Ben, I am his advocate. There is ongoing trauma resulting from this accident, including the nagging feelings that Ben was not protected under Oregon laws and that he has been relegated to a status undeserving of protection under the law. 

I have written to Chief Curzon for explanation of 1) Why the driver who struck Ben was not cited and 2) Why the witnesses to the accident were not contacted to ascertain circumstances regarding the accident?
There has been no response to my concerns.

At this time in Astoria, awareness of pedestrian safety has garnered attention from the public officials. Drivers are cited for their failure to stop at crosswalks when pedestrians intend to cross.
Why, then, was the driver not cited when the pedestrian who crossed under flashing amber lights on a marked crosswalk was struck by his vehicle and injured?

Ben's accident went unreported in the Daily Astorian. According to Patrick Webb, the Police Department would have notified the newspaper of yet another crosswalk accident involving a bicycle and/or pedestrian. Since this accident was not officially reported, I suspect that our city (Astoria) has an even greater incidence of vehicular violations involving pedestrians that go unheeded - and uncited.

Please respond.

Sincerely,
Diana Johnson

39 comments:

Anonymous said...

No doubt a citation will cure poor Ben's injuries. An eye for an eye is always good.

Anonymous said...

Ben,s not asking for revenge just justice,and equal protection under law, something the good ole boy´s and girl´s dont have a clue about. Fortunately Astoria is changing for the better ,All 5 haters that constantly post their bigotry on grassroots we know who you are. actually 3 are the same well in body anyways..... geez CRAZY

Anonymous said...

With your lack of appreciation for critical comments, you must work for the City of Astoria, or be River Bear.
Ever heard of Group Think?

Blew Herzog said...

So sorry for Ben...hope he healed well and was left with no lingering discomfort. Indeed, that driver should have been sited. Not that it would do Ben any good, but it might allow that driver to think when he approaches an Astoria crosswalk

Anonymous said...

Fortunately Astoria is changing for the better

Dont know what Astoria you're talking about but Astoria has been going down the tubes for the past 15 years and I don't see anyone doing or anything happening that is going to reverse the downward trend.

Anonymous said...

If there's a fund developing for this kid to replace his bike, where do I send a check?

Anonymous said...

It's really too bad about poor Ben. Imagine thinking you can walk across a major highway without danger from being hit by a car. Unfortunately, we have created the situation where people actually belive they can do that. Even worse, we have created a situation where people do not consider that if a plushly body is hit by a ton of steel and plastic, the body will loose every them, regardless of who is right. Everyone who walks across a street in Astoria needs to use this situation as a lesson. Crossing a major highway at anything other than an intersection with a red, green signal light is absurd. Crossing at a controled intersection is merely very dangerous. Hopefully, Ben will survive this and his parents can teach him the lesson so he can avoid injury in the future. Too bad, though, that he had to learn the lesson the hard way.

Anonymous said...

River Bear/Leon Jackson needs to chime in on this. Not that River Leon will ever suggest a solution. He obviously does not feel that is his place and, it seems he does not come up with those. But, at least, he can lambast the City to improve pedestrian safety. Yes, he was totally unsuccessful in his last effort on 16th street, but, maybe this time he can get some of the esteem he so terribly desires.

Anonymous said...

Riverbore doesnt have answers-he just complains..it's McGee that is good with coming up with solutions--or whatever solutions Marquis, Forester, Drew Herzig or Larry Taylor suggest are solutions

Anonymous said...

Anon, good comment, thanks. But, umm, you mean River bear has detractors? Yet, he tends to dominate this website when he chooses. Interesting.

Anonymous said...

Marquis and the others have answers? Great. I thought they were just standing mute because this problem has been occurring for generations yet Astoria just keeps putting in cross walks that violate ODOT standards and drivers keep wacking peds. All in the name of promoting business. What, exactly, are the Marquis Hertzog Rocka Taylor Forrester and McGee solutons?

Anonymous said...

Hey, McGee, River Bear, Rocka, Hertzog et all, what are your solutions? Days have passed without your wisdom.
I have not heard your words cited in the Daily A or reports of the City Council discussions, but perhaps I missed them on another website? If, somehow, I missed them, please recite them here.

Patrick McGee said...

Where have you been Anonym? Haven't you been paying attention to City of Astoria's crosswalk safety solution? Notice those little bright orange flags at crosswalks downtown lately? When you want to cross at an unlit intersection, you grab one, step out in the intersection and wave it vigorously to let the oncoming drivers know that you want to cross and then proceed to cross once everybody stops. Problem solved.....brilliant solution eh? Mucj credit to "Team Astoria"....hoorah!!!!

Anonymous said...

Patrick, do I detect sarcasm in your comment? Now that we know the City's solution, isn't it time to hear that of the folks listed earlier including you? This has been a problem for years and it doesn't seem fair or just that several citizens have solutions but they won't tell us what they are.

Anonymous said...

RiverBear is an expert on traffic in Astoria and Drew Herzog is a big swinging dick politician who really gets things done. McGee is the webmaster of the most important blog in the Sunset Empire where guys like Herzog and Riverbear come to get energized by ideas.

Anonymous said...

RiverBear is an expert on traffic in Astoria and Drew Herzog is a big swinging dick politician who really gets things done. McGee is the webmaster of the most important blog in the Sunset Empire where guys like Herzog and Riverbear come to get energized by ideas.

Anonymous said...

That's grand. So, what are these magnificent brains suggesting be done, exactly, to prevent future pedestrian deaths and injuries?

Anonymous said...

So far we've gotten nothing from them regarding this issue. I'm starting to think that maybe they really don't do anything but talk.

Anonymous said...

Oh no, all these folks participate fully in the activities of the City. River Bear organizes people willing to drink his Kool Aid and may, eventually, but not soon, show something that is actually beneficial to the City.
McGee, well, what can I say, Patrick's achievements in community ventures are obvious.
However, I really wish these legends would enlighten us with their solutions to the problem.
I suspect Patrick's response will be to lambast anyone who uses the anon tab on his website, and that will be it. But, who knows, maybe one of these guys actually know something about which the rest of us remain ignorant.

Patrick McGee said...

One thing is certain in my view, "Anonymous Whining" will not resolve the issue.

Anonymous said...

Ah, comeon, without the bitching and whining this website would be a blank slate. Can you think of any solution to a community problem that has ever been seen first here? If yes, please describe.

Anonymous said...

Has anyone figured out this is yet another problem with the "City Prosecutor" and "Muni Court? They apparently NEVER sent these cases to the big kids table - the DA and Circuit Court. Therefore NOTHING was done because after all the driver was a nice man." Another glaring problem with the City of Astoria muni courts and why professionals, not part-timers with a financial interest ought to be handling these cases.

Anonymous said...

So, back to the subject. does anyone have a good idea about reducing these ped/auto crashes in the downtown?

Patrick McGee said...

Anonymous said...
"So, back to the subject. does anyone have a good idea about reducing these ped/auto crashes in the downtown?"

Cross only at a marked crosswalk, be extremely vigilant and do not assume that any approaching vehicle, especially in Astoria, is going to stop for you, even a lighted intersection.

Anonymous said...

Great advice, Patrick. I would hope that is the final word, but
I tend to believe that folks like River Bear and others on this site belive drivers should be totally responsible, not pedestrians. Yes, it is easier for a person on foot to escape being hit by a car than for a car to avoid hitting a pedestrian. But, is that really the Astoria Way? Certainly the NFLA et al want drivers to suffer at least a bit.
Just look at the Daily A article you report here. The mother wants blood for the injury of a person who did not heed your sage advice.

Patrick McGee said...

The driver? Had every opportunity to observe his/her approach to a marked crosswalk and use appropriate caution to yield to the pedestrian as required by law. Obviously didn't and will be held liable should you be trying to place the blame....end of discussion unless you have a workable solution yourself. Share it with us.

Anonymous said...

Sure, thanks.
1. Put parking places at least 20 feet from crosswalks so drivers can see people as they put a foot in the crosswalk (ODOT standard),
2. Do not put crosswalks at intersections that are not controled by traffic signals.
3. Do not put crosswalks in the middle of a state highway
4. Do not create crosswalks simply as a convenience to particular businesses. The determination of crosswalk locations should be a convention, not a political decision.
5. Promote using crosswalks and not jaywalking via newspaper and other media participation and periodic enforcement with citations.
6. Ensure all crosswalks on state highways meet ODOT standards (they do not currently). Additionally, recruit the OSP to assist with pedestrian/ vehicle enforcement on state highways (it is part of their job after all).

Astoria does none of these things except the periodic enforcement, thanks to Sgt Aydt.

How's that, Patrick?

Patrick McGee said...

Put your name on it, submit it to Astoria City Council and ODOT.

Patrick McGee said...

http://www.corvallisoregon.gov/modules/showdocument.aspx?documentid=2476

Anonymous said...

Patrick, the Astoria City Council has already been given the above suggestions and, on the recommendations of the City Manager, have decided not to implement them. Besides, the City Council does not read your website, except for the new kind of geeky one who has yet to learn most everything.

Anonymous said...

And, I have sent these suggestions to ODOT, who said it does not enforce crosswalk requirements on state highways when a municipality establishes and maintains the cross walks.

Patrick McGee said...

"Patrick McGee said...
Anonymous said...
"So, back to the subject. does anyone have a good idea about reducing these ped/auto crashes in the downtown?"

Cross only at a marked crosswalk, be extremely vigilant and do not assume that any approaching vehicle, especially in Astoria, is going to stop for you, even a lighted intersection.
8:43 AM"

Anonymous said...

Patrick, you are grasping at straws. Why not just leave this that no one will do anything to resolve the problem? It is not a bad thing that your little website will not change any situation in Astoria. You are only "media" as I recall you saying.

Patrick McGee said...

Nor will inane whining without qualification or accountability "Anonym".

Anonymous said...

As always, this is your site and you always get the last word. Best of luck for improving the quality of life in Astoria.

Patrick McGee said...

Yes, it is and I am very proud and privileged to call Astoria my home and thank you.

Anonymous said...

OK, so the perp has now received a citation based on the investigaton. What is your comment now, Patrick?
Do you feel the police have to react to the media demands that there be instant and public retribution for suspected offenses?
Or do you believe that a person is innocent until convicted?
Please remember in your response, which I doubt you will give, that we all know you have a personal interest in this type of justice.
Good wishes.

Anonymous said...

Actually, I not only wonder what dear Patrick has to say, but what the mother has to say. I have no doubt Patrick will have the last word, this is his site after all. Considering the caliber of the mother, however, I doubt we will hear more from her.

Anonymous said...

Ah ha, so far several days and no comment from either Patrick or the mother.
Patrick, please leave us with one of your witty comments and a demand closure on your site on this issue. I only feel fulfilled when I am told by you to shut up.