"TriMet's agreement to pay the maximum amount of damages that TriMet believes it owes proves that Austin's death was the result of a bus driver's carelessness."
-- Stephanie Miller, Austin Miller's mother

The Oregonian's Aimee Green is reporting that Austin Miller's parents have reached a settlement with TriMet for $200,000.

Austin Miller died on February 11, 2008 (at the age of 15) when he and a TriMet bus collided near the intersection of SW Murray and SW Farmington Road in Beaverton.

Here's a snip from The O:

Story continues below

The settlement comes as vindication for the parents of Austin Miller, who had agonized over a Beaverton police investigation that eventually concluded the boy made a right-hand turn without stopping and crashed into the side of the bus as it pulled to a stop...

Police investigator Jeffrey M. DeBolt concluded two months later that "this crash was unavoidable" for the driver.

The Oregonian goes on to report that the attorney for Austin's parents "proved that Mann [the bus operator] saw Miller before she struck him and that she could have avoided hitting him with the bus as she crossed into the bike lane."

"I thought I gave (him) enough room, and I was pulling over to stop," Mann told a TriMet dispatcher, seconds after the accident.

And here's what Stephanie Miller (Austin's mom) said in a news release this morning:

"TriMet's agreement to pay the maximum amount of damages that TriMet believes it owes proves that Austin's death was the result of a bus driver's carelessness...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."

In April of 2008, the Beaverton Police Department found no facts to support that the bus operator committed any criminal or traffic violations in the collision. Austin's parents were disappointed in the investigation and filed a $2 million lawsuit against TriMet in June 2008.

Austin's death raised questions about the safety of the intersection and it led to series of bike safety initiatives between TriMet and the Bicycle Transportation Alliance (BTA).

-- See our past coverage of the Austin Miller crash in the archives.

[Thanks to reader Todd P. for the heads up on this story.]

The Oregonian is reporting that Austin Miller's mother, Stephanie Miller, has filed a $2 million lawsuit against TriMet in the death of her 15 year-old son.

According to the Oregonian, the lawsuit claims that the TriMet driver was, "negligent in failing to keep a proper lookout for bicycle traffic."

On February 11, Miller was riding his bike home from school and had just re-entered the roadway of SW Farmington Road (after riding on the sidewalk of SW Murray Blvd.) when he collided with a TriMet bus and was killed.

Austin Miller's family, with the
bike he was last riding, before
a memorial ride last week.

In April, a Beaverton police investigation absolved the bus driver and said the collision was "unavoidable." That report also found that Miller entered the roadway against a pedestrian traffic signal.

Last Saturday (6/14) about 35 people (including Miller's family and classmates) attended a memorial ride in Beaverton. Performance bike shop presented Austin's mom with a new bike for the ride and Austin's brother Tyler rode the same bike Austin was riding on that fateful evening back in February.

A report and photos from that ride have been posted in the Portland Bike Forums.

For more on the lawsuit, read the Oregonian's blog.

Read more about the Austin Miller tragedy in the archives.

The Oregonian reported this morning that the driver of a TriMet bus that collided with 15 year-old Beaverton high school student Austin Miller back in February has been cleared of any wrongdoing.

According to the Oregonian, the Beaverton Police Department deemed the collision was "unavoidable".

The crash happened on February 11th. Miller, an experienced rider who was coming home from school, was traveling south on the sidewalk adjacent to SW Murray Road. Miller and the bus collided as he re-entered the roadway and attempted to go west (right) onto SW Farmington. The bus was traveling west on SW Farmington and was pulling into a stop at the corner where the collision occurred.

The investigation concluded that Miller entered the roadway against a pedestrian traffic signal.

The Oregonian also reports that no citations were issued and that the Washington County D.A. has declined any criminal prosecution.

Back in February, I reported that Washington County might have some responsibility for this tragedy because they encourage bike traffic to use the sidewalk on SW Murray -- a practice that has been proven to increase the likelihood of collisions and is discouraged by several agencies (including ODOT and the FHWA).

According to a source close to the investigation, a lack of on-board cameras, difficulty in determining the point of impact, and conflicting witness statements made analysis of the crash very challenging -- even after TriMet staged a detailed reenactment of what might have happened.

Newer TriMet buses have four cameras, but unfortunately this one was older and did not have any cameras on-board. Had their been cameras, it would have been much easier to figure out precisely how the crash happened.

According to the Police report (which has been posted as a PDF at KGW.com -- warning, graphic) investigators say "this crash occurred because Austin Miller failed to stop his bike prior to entering the bike path on westbound Farmington Road." The report also states that Miller "further decreased his awareness to his surroundings by most likely wearing earbuds and listening to music on an MP3 style player."

KGW reports that Austin Miller's mom "disagrees" with the report and is "very disappointed" about the outcome of the investigation.

====

--For more coverage of the Austin Miller tragedy, visit the BikePortland.org archives.

Two years before his tragic death, Beaverton high school student Austin Miller attended a summer program to learn how to produce documentary films.

That program, Project Youth Doc, is run by Film Action Oregon. Now, in honor of Austin's "inimitable spirit," the organization has set up the Austin Miller Scholarship Fund.

On April 18th and 19th, Film Action Oregon will host a special showing of a rare, youth-created, shot-by-shot remake of the blockbuster Steven Spielberg pic Raiders of the Lost Ark. The remake, titled Raiders of the Lost Ark: The Adaptation, was produced by three 12 year-olds from Mississippi (learn more about the film here).

The Adaptation has been selling out theaters across the country. You can purchase tickets online and all proceeds go to the scholarship fund.

Raiders of the Lost Ark: The Adaptation
presented by Film Action Oregon
April 18-19 (three screenings; details and tickets here)
Hollwood Theater (4122 NE Sandy Blvd, Portland)

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-- More Austin Miller coverage here.

In the wake of the tragic death of 15 year-old Austin Miller, who was killed when he and a TriMet bus collided in Beaverton earlier this month, TriMet has issued a press release (full text below) that outlines immediate, near-term, and long-term actions they will take "to make it safer for bicyclists and buses."

Working in partnership with the Bicycle Transportation Alliance (BTA), TriMet says in the statement that after the Miller fatality, "it became clear to the leadership at TriMet and the BTA that preventing future crashes like this one would take more than simply admonishing bicyclists and drivers."

Even though TriMet says their driver was adhering to "safety procedures" at the time of the collision, they write, "It would be remiss if we did not take action to improve road safety in our region following this crash."

According to sources at the BTA, TriMet General Manager Fred Hansen (in photo) called a meeting soon after the recent crash. That meeting was reportedly productive and led one BTA staffer, who in the past has been lukewarm about TriMet's bike safety efforts to say, "I'm very optimistic about changes at TriMet."

As for those changes, TriMet says that following the Miller tragedy, trainers immediately reviewed bike-related operating requirements with all 1,200 of their drivers.

TriMet says they will also give operators additional training on driving around bicyclists "above the level of attention it has received in the past," and that they will work with the BTA to identify dangerous routes and "explore ways to minimize conflicts."

Under the heading of "long-term action," TriMet says they will start to consider bike routes when the move, build, or enhance future bus stops and they say they will, "look at developing a pilot project to design new bus stops with a focus on both pedestrian and bike safety along bike/bus routes."

Here is the full text of the press release:

Sharing the road
TriMet & BTA will work to make it safer for bicyclists & buses

Two weeks ago, 15-year-old Austin Miller died while riding his bike home from his Beaverton high school when he and a TriMet bus collided at the intersection of SW Farmington and Murray. As the police investigated this tragic collision, it became clear to the leadership at TriMet and at the Bicycle Transportation Alliance that preventing future crashes like this one would take more than simply admonishing bicyclists and drivers.

While all early indications are that the bus operator followed TriMet safety procedures, we would be remiss if we did not take action to improve road safety in our region following this crash. With more bicyclists and vehicles sharing the road, a more critical look at general causes is needed, including road and trail design, education for cyclists and drivers, street connectivity (or lack thereof) and traffic volumes in the area.

Just days after the incident, TriMet General Manager Fred Hansen called a meeting at the BTA offices to discuss how TriMet can actively improve its operations and planning for bicycles in the region. Here are the actions TriMet and BTA commit to taking in cooperation with one another:

Immediate action:

--Following the crash, TriMet trainers immediately began reinforcing to every operator (nearly 1,200 of them) the safe operating requirements when cyclists are present, including anticipating bicyclists’ movements, and yielding to cyclists before pulling into or out of a bus stop, or turning or changing lanes.

Near-term actions:

--TriMet trainers will emphasize operating a bus around bicyclists in the 2008 training cycle above the level of attention it has received in years past.

--The BTA and TriMet will work together to identify routes with high levels of bus/bike congestion or conflict and will explore ways to minimize conflicts. Improvements could include more space dedicated to buses and bikes, enhancements to alternative routes for bicycle travel, or moving bus stops or bike lanes to minimize conflicts.

--TriMet will work with the BTA and other regional bike groups to encourage county and local governments to adequately plan for and build safer bicycle infrastructure.

Long-term action:

--TriMet planners will look at nearby bike routes and crossings when bus and train stops are built, moved or enhanced to determine if improvements can be made as part of or concurrently with the project.

--TriMet and the BTA will research designs for bus stops and bike lanes that minimize conflict in areas of bike/bus congestion. TriMet will look at developing a pilot project to design new bus stops with a focus on both pedestrian and bike safety along bike/bus routes.

A year before a tragic fate befell Austin Miller, the 15 year-old Beaverton student wrote an opinion article on bike safety for his school newspaper titled, "Please Do Not Run Me Over."

Writing under the pseudonym "Charlie Elsewhere", the article (full text below) was published in The Savant, the school newspaper at the Art and Communication Magnet Academy in Beaverton, where Miller was a sophomore.

Reading through it, I had mixed emotions. As a father, I found it chilling and immensely sad. As a bike advocate, I found it frustrating. I also had no idea that Austin was so well-versed in bike advocacy.

He was aware that his daily commute put in harm's way, but he was mature about it beyond his years.

Below is the article, published with permission from Austin's family.

Please Do Not Run Me Over

by Charlie Elsewhere, Columnist

It is well known that these days, the roads and parking lots of our public places are growing with numbers of bikers. With wild peddling racers zipping down the road and through intersections, it is apparent that drivers would need to have an increasing awareness for how they turn the wheel.

Long ago, I lived in a place called Vortex Sorrows. In this town, leagues of bikers ruled the streets-hardly a car was there to be found. When the ever growing and popular motorcar came to town, there was an outrage. “Too fast!” said Vortex residents. “And loud and polluting!” it seemed for the drivers of the town there would be no sympathy. And yet, more and more people found an easy escape to the time consuming, expensive and difficult task of biking, which was to buy cars which pollute their environment, loose the aspect of exercise all together and spend over four times as much on gas. I remained constant. I did not succumb to the new, hip trend of car buying. I eyed no sedan dealership, no gas station-only bike galleries and shops. It never occurred to me that I might get more pleasure out of having less money and more weight for the simple exerting exercise of peddling five miles to school and back.

Within a time span of about two weeks, what was once a league of bikers which would join me on my morning route became nothing but me, that strange kid Logan who no one liked to talk to, and a road packed full of red brake lights. Every day, I would hop aboard my bicycle, clip on the helmet and take off toward home, and on my way I would often see red, frustrated faces of the motorcar drivers as they slammed on their brakes and honked their horns. Me? I was smooth sailing, begin the juices flowing and the chemical reactions reacting to push a cloud of good feelings into my mind and body.

And yet soon, even Logan took to the big yellow school bus, and I was left alone. I later petitioned to bring back the art of cycling to Vortex Sorrows-in full. I put up posters, ran for town jr. mayor, and petitioned for new laws restricting the amount of driving that could be engaged in during weekdays. Just when the future of Vortex’s residence began to seem brighter, a revolution happened against me and I was run from the town.

A lot of drivers seem to get frustrated by myself, and other bike loving pedalists. Usually I wouldn’t think so, but attempted hit and runs and getting chased through Mrs. Higden’s Hydrangea garden by an SUV crazed Blackberry loving business man was a slight indication that there may be ridged feelings over the way we ride. Now, to set the record straight, I give no excuses for bikers-or drivers-who brake laws and endanger their and other people’s lives. Anyone who shares the road with me and the rest of us needs to be aware that they are not the only ones, and their lives depend on everybody working together. Unfortunately, in this day and age, I see more drivers whining and complaining about biking behavior than actually trying to do something about it. If I spent all my waking hours crying over every time a driver cut me off, nearly hit me, did hit me, or any other offense, would anything be done about it? No. Talking about how much you hate bikers is not going to solve the fact that they are here-they are here to bike, to bike safely, and they are not going anywhere.

How would we solve this biking problem? Well for starters, why don’t all major roads have bike paths? With an increasing number of adults who choose the healthier way to get there and back again, they too travel on the same roads as any driver would on his or her way to work. Instead of complaining about having to share a road with a biker, why not ban together to get bike paths made standard, so that they can stay out of your way. There are so many things that can be done, and are so obvious it just makes one want to scream. And yet there are some things that have no solution.

Bikers will always be here; as long as it costs less than driving, helps us stay fit and pumps those feel-good chemicals throughout our body, we will remain on the early morning pavement, and that will not change. There is no excuse for a driver who does not pay attention and mind not only other cars but bikes. You cannot control other people’s actions, but you can control your own. Why anyone would rather sit inside a massive metal death trap for their commute is beyond me, but there are those with family, disabilities and other impairing things keeping them from biking. There will never again be a society 100% dedicated to driving or biking. It is like all other integration that had to happen in history-it takes time, patience, and a great deal of compromise.

There will always be hard feelings about this subject-we can only hope that no one will get hurt or loose a loved one due to a lack of responsibility and respect for the road. These are dangerous times, and especially for bikers, our fate lies not only in our hands, but in the hands of the drivers of which we share the road. I am glad for every day I reach the X point unscathed, but besides doing everything I can for myself, I cannot control you, I can only mutter these few words in a hope that it might do good: please do not run me over.

According to the Savant's Co-Editor-in-Chief Megan O'Doherty, this article will be re-published in their next issue. O'Doherty and her staff will dedicate the issue to bike safety and will also include articles on how to get involved with bike advocacy, tips for motorists, a diagram of turn signals for cyclists, and a spread of Miller's artwork and poetry. The issue will be distributed at the school next week.

More Austin Miller coverage here.

"Signing any sidewalk as a bicycle path increases the likelihood of tort settlements even years later."
--FHWA Course on Bicycle and Transportation Planning

The recent tragedy in Beaverton leaves many unanswered questions.

Among them is whether or not Washington County contributed to a dangerous situation by designating a sidewalk as the bike route -- a practice that state and federal transportation agencies strongly discourage.
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Before being struck by the #52 TriMet bus, 15 year-old Austin Miller was likely riding in the bike lane on SW Murray Blvd., just south of of Tualatin Valley Highway. Near the middle of that block, the bike lane ends and a sign directed Miller up onto a sidewalk adjacent to Murray Blvd.

While likely intended to increase safety for bicycle riders, sidewalk bikeways are anything but safe.

The Federal Highway Administration (FHWA), the American Association of State Highway and Transportation Officials (AASHTO), and the Oregon Department of Transportation (ODOT) all strongly urge planners and engineers to avoid routing bike lanes onto sidewalks.

The FHWA takes it once step further and suggests that when municipalities direct bike traffic onto a sidewalk it's not only dangerous, but it could expose them (Washington County in this case) to legal liability.

A reader led me to the online materials of an FHWA course on bicycle and transportation planning. Under the chapter of "Tort Liability and Risk Management" is a section titled, "Governments can be sued for what they do", the FHWA writes (emphasis mine):

"Signing any sidewalk as a bicycle path increases the likelihood of tort settlements even years later. By designating a sidewalk for bicycle use, you send the message that it is "safe" to ride there. Sidewalk facilities have built-in "booby traps" for the unsuspecting.

Sight-distance problems at intersections with streets, driveways, and alleys are common on sidewalk facilities...

Motorists expect pedestrians on sidewalks, not bicycles moving 10 times as fast. Bicyclists, with the wind in their ears, on two-wheeled vehicles, are not as sensitive to noise cues as pedestrians and not as maneuverable. It takes them much longer to react and stop.

...Bicyclists using the sidewalk... don't see stop signs at cross-streets (located to be seen by motorists on the other side of the street) and they are not part of the normal scanning pattern for motorists.

...A fast-moving bicyclist can easily escape detection and a crash can result. For these and other reasons, sidewalks are not recommended for designation as bicycle facilities."

ODOT also warns against sidewalk bikeways. Page 71, Section C.1 of their Bicycle and Pedestrian Plan, under the chapter "Practices to be avoided", says that sidewalk bikeways "should be avoided in most cases." The section goes on to state,

"Bicyclists are put into awkward situations at intersections where they cannot safely act like a vehicle but are not in the pedestrian flow either, which creates confusion for other road users. Cyclists are safer when they are allowed to function as roadway vehicle operators, rather than as pedestrians."

Then, a few pages later,

"It is important that every effort be made to ensure bike lane continuity. Practices such as directing bicyclists onto sidewalks or other streets for short distances should be avoided, as they may introduce unsafe conditions."

Local bike and pedestrian facilities planner Jessica Roberts concurs. She says, "There is abundant national guidance that bikes do not belong on the sidewalk. As a rule a sidewalk bicycle facility is not an acceptable substitute for an on-street bike lane."

Roberts thinks continuation of the bike lane on Murray Blvd. would be a safer option.

So does Beaverton Bicycle Advisory Committee (BAC) Chair Hal Ballard.

Ballard has been on the BAC for 10 years and he said that section of SW Murray Blvd is a "sore spot". "As an experienced cyclist," he said, "I never ride on that sidewalk."

Ballard expressed frustration that even though he and other members of the BAC have repeatedly brought up concerns about this intersection, Washington County has still made no improvements. "They say there's no funding, but I would say it's a lack of motivation...there's no impetus from the County to make changes there."

He says there's plenty of room to widen the roadway and continue the on-street bike lane.

"It's past time to do something," said Ballard, "this kid was only 15 years old, and he was just doing what he was supposed to be doing."

The investigation into this crash is ongoing.

About 15-20 bike safety advocates held a brief rally tonight at the site of yesterday's fatal bike/bus collision on SW Farmington Road just west of Murray Blvd.

Participants held signs and placed tea lights and flowers at a ghost bike that has been erected for 15 year-old Austin Miller.

A commenter named KTesh left this poem for Austin:

Hal Ballard, acting executive director of the Washington County Bicycle Transportation Coalition has organized a brief memorial service tonight for Austin Miller, the 15 year-old who was killed after colliding with a bus in Beaverton yesterday.

The service will begin at 5:00pm tonight at the intersection of SW Murray and Farmington Road.

Ballard says he and a group of supporters will hold signs with the 'And we Bike' slogan, "to remind motorists of our relationship to them".

The City of Beaverton has also granted permission for a ghost bike to be installed in memory of Austin.

Yesterday's tragic bus/bike collision in Beaverton that claimed the life of 15 year-old Austin Miller occurred at an intersection that is known to be tricky and dangerous.

The precise mechanics of what happened are still unclear, but we do know that Miller was struck by the #52 TriMet bus as he entered SW Farmington Road from SW Murray Blvd.

Meanwhile, people in Beaverton who ride through that intersection are all too familiar with its risks. Here's a sampling of the comments from readers who ride that stretch of road:

From "Brent";

"I make a right at this corner from the multi-user path on to the west bound bike lane. I am very vigilant on watching for buses at this location as they tend to enter the bike lane just as they start to clear the intersection. Most of the time it is safe to make this turn but still dangerous coming off of that multi-user path."

From "wsbob";

"Absolutely, a very dangerous intersection...so many cars pass through there, fast...during rush hour, it's a very scary place for cyclists."

From "Andy";

"That intersection is on my commute too. It's very problematic. The bus stop is recessed from the curb, and the victim probably didn't realize the bus was pulling in. And if the cyclist was indeed coming from the multi-use path, the bus driver probably never saw him."

From "Guy M";

"I ride this route on my daily commute, both to and from work. And while I do not go west on Farmington, my commute takes me further south, I do find this intersection to be a test of nerves.

...This sort of reentry into traffic and a bike lane from a multi-user path is a formula for disaster."

From "Peter O";

"So sad, I also used to ride through there daily but changed my route because I didn't like the traffic there. I had many close calls with the buses around there. They like to enter the bike lane early (sometimes 100 yards) before they make the stop and they don't always look."

See more comments here.