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TriMet settled a wrongful death case brought by Stephanie and Michael Miller over the death of their son, Austin.
Austin, 15, died on Feb. 11, 2008, when he was hit by a TriMet bus while riding his bicycle near the intersection of Southwest Farmington Road and Murray Boulevard.
“This closes a sad chapter for the family and the bus operator,” said Mary Fetsch, a TriMet spokeswoman.
The settlement means that TriMet will immediately pay the family $200,000 for damages suffered and potentially an additional $175,000 if the Multnomah County Circuit Court rules that the Oregon Tort Claims Act applies to this case, allowing both parents to claim separate damages rather than being grouped in one family claim.
“In the lawsuit, Austin’s parents claimed their son was killed because a TriMet bus driver carelessly drove into the bike lane that Austin was riding in, after seeing him in the bike lane,” said Elden Rosenthal, an attorney representing the family.
“Evidence discovered after the case was filed, including an audio recording of the bus driver’s phone call to TriMet’s dispatch seconds after the accident, revealed that the bus driver thought she gave Austin ‘enough room’ as she was pulling into the bike lane.”
The family views the settlement as acknowledgement by TriMet that Austin’s death was primarily the fault of the bus driver’s negligence, Rosenthal said.
“Nothing will bring Austin back, but we hope that this settlement will heighten public awareness of the need to respect bicyclists riding in their bike lanes,” Stephanie Miller said. “I also hope that TriMet will reexamine its policies regarding keeping tabs on the health of their drivers.
“The driver who hit Austin was under an enormous amount of stress when the accident occurred, yet TriMet continued to allow her to drive. My heart goes out to the driver, who I know is having a hard time now dealing with what happened.”
The Miller family plans to use a portion of the settlement to set up a scholarship fund in Austin’s memory to support a senior at Beaverton’s Arts and Communication Magnet Academy, who wants to study writing in college.
Austin was a sophomore in his second year at the magnet school at the time of his death.
This is so wrong on so many fronts. They should not get a dime. The police investigation showed that Austin RAN a STOP and was the cause of the accident and his death much like the guy that hit the garbage truck that was turning down on inerstate ave. or the girl that was in the blind spot of that truck down there on burnside bike rider error. Also the parents need to get off there high horse demanding respect for all bike riders and demand that all bike riders fallow the LAW.
(email verified)
Thu, Apr 09, 2009 at 10:16 AM
They probably shouldn't get a dime, but what the hell, TRIMET has plenty of money, why shouldn't the Millers get some of it.
The fact of the matter is nobody was at fault.
These thing happen, he didn't see the light turn red and she didn't think she was going to hit him.
The really sad part of all this is how TRIMET has so much money for EVERYTHING EXCEPT PROVIDING TRANSIT SERVICES.
(email verified)
Fri, Apr 10, 2009 at 08:15 AM
If Austin hadn't run the red light he wouldn't have been in the bike lane to be hit. That being said, having a bus stop share space with a bike path is an accident waiting to happen.
(email verified)
Fri, Apr 10, 2009 at 11:46 AM
Whether the young man ran the stop light or not, if the bus driver saw him, she is obligated to try to avoid hitting him and not just assume that he has enough room to maneuver between the bus and hope that she is correct. I am sure that the bus driver feels very badly about what happened. However, when I took driver's ed, I was told about "defensive driving," which means that no matter who is at fault you should drive in such a manner to avoid an accident or a tragedy. If I am driving and a child in a residential neighborhood happens to dart out in the street between cars to retrieve her ball, I will not continue to drive and hit her, knowing that she is in the wrong and I will not be liable. If I see her, I will hit my brakes to avoid hitting her. Likewise, even as a pedestrian, I engage in defensive walking: if I judge that a car is not going to stop at a stop sign, I will not walk out in front of the car just because it "has" to stop at the stop sign. Trimet and other commercial drivers are held to a higher standard than the soccer mom or the businessperson driving their own personal vehicle. Winning $200,000 will not bring back the parents' child. They are not using it for selfish purposes. They are using the money to establish a scholarship fund at their deceased son's high school. However, $200,000 might persuade Trimet to better train its drivers. However, in defense of bus drivers, driving a bus is a very tough job and a highly stressful one. However, the bus driver should not be made to feel that s/he has to compromise safety margins in order to accommodate Trimet's schedule. Better to have a delay in getting to a passenger's destination than cut in front of a young bicyclist that you just think "might" have enough room to sidle past the bus. I also ride the bus and in at least three instances I have been in a bus that has run a red light, hoping that the bus' formidable size will protect it.
(email verified)
Fri, Apr 10, 2009 at 08:19 PM
@ Heywood J:
Not flaming, but, just wanted to point out that this wasn't written by 'The Times'. But, even if the kid was at fault, if I worked for the TriMet, I couldn't really imagine telling the parents "it's his fault he got hit, we're not paying for it". So, I believe that all TriMet could do was offer them some money. It's the loss of their son, and regardless of fault, since TriMet was involved, it's the least they can do (in my opinion).
(email verified)
Tue, Apr 21, 2009 at 06:35 PM
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Re: TriMet to pay $200,000 in wrongful death case
This is typical of the low-grade reporting done by the times. Who do you guys hire, flunkies who couldn't make it at the nickle ads?
No where in here does it state the truth: that a thorough investigation by beaverton police showed this kid was at fault in the wreck.
In plain language it is his own fault he was run over by the bus. Sorry, but the family shouldn't get a dime.
"heywood j"
(email verified)
Thu, Apr 09, 2009 at 08:27 AM