charley gee

New York’s high court says city’s unsafe street design makes them liable for injuries and deaths

by on January 10th, 2017 at 2:57 pm

Advocates in New York City are all abuzz about the ruling.

It happens way too often: Someone is seriously injured or killed at a location that’s a known traffic safety hot-spot. As an activist, it’s infuriating. I can only imagine what it’s like for the family and friends of victims.

After years of assuming cities had blanket immunity from liability when it came to street design decisions, a recent decision by New York’s highest court has thrown that into question. The court found that the City of New York can be held partly liable for a man’s death because they knew the road encouraged speeding and unsafe driving but they failed to study and implement measures to mitigate the risk.

The ruling is being hailed as a “landmark” and “game-changing” decision by New York City nonprofit organization Transportation Alternatives. Here’s what they said in a statement last week:

“The New York high court just ruled that the City can be held liable for failing to study and implement traffic calming measures, which the jury determined were a major factor contributing to the crash. In a 2004 incident, the driver was traveling at 54 mph on Gerritsen Avenue, which had a speed limit of 30 mph. Prior to the incident, the City had been advised by local residents, elected officials, and the Department of Transportation that speeding was common on the street, but that no sufficient speed study or traffic calming review was performed. The Court found the City liable for failing to adequately study and mitigate the road conditions that contributed to the speeding, stating that “an unjustifiable delay in implementing a remedial plan constitutes a breach of the municipality’s duty to the public.”[Read more…]

Lawyer seeks info on hit-and-run at Interstate near Steel Bridge

by on September 29th, 2016 at 2:15 pm

Map of incident created by laywer Charley Gee.

Map of incident created by laywer Charley Gee.

Portland-based lawyer and bicycle law specialist Charley Gee needs our help.

Gee represents a man who was struck by someone driving a car as he biked in the bike lane on North Interstate Avenue on August 15th. The person driving the car didn’t render aid or wait around for help to arrive at the scene. The victim needs information about the suspect to help his case.

Here’s more about the incident from Gee:

“After being struck and knocked to the ground, the car driver stopped, rolled down his window and laughed at the injured man before leaving the scene. [Read more…]

Man wins in court three years after police, insurance company blamed him for collision

by on June 25th, 2015 at 12:03 pm

Still from KGW-TV video taken at the scene in 2012.

A Portland man who was blamed for a collision on a notorious section of North Broadway three years ago has been absolved in court.

Three years ago 33-year old Karl Zickrick was riding down North Broadway on his way to work. As he approached Wheeler he noticed a large SUV encroaching into the bike lane in front of him as it prepared to turn right. To avoid being right-hooked, Zickrick moved to the left out of the bike lane to go around the SUV. However, just as he made that move the driver of the SUV, 62-year-old Michael McLerren, slammed on his brakes and Zickrick flew into the back window. The impact shattered the window and left Zickrick with severe facial injuries and a broken jaw. (Two months after this collision, former Mayor Sam Adams decided to prohibit all right turns onto Wheeler.)

Adding insult to injury, the Portland Police Bureau blamed Zickrick for the collision. The day the crash occurred the PPB said this in an official statement (emphases mine): [Read more…]