Portland Police Chief Mike Reese says "Prevention of vehicular accidents is a priority of the Police Bureau." A Portland police officer glanced at the mobile computer in his patrol car to check if dispatch had any calls for him, and crashed into an 80-year-old pedestrian, causing her serious injury.
Now, the city is set this week
brought by the woman injured in the Nov. 13, 2009 crash, and the city's risk management supervisors have asked the police bureau to examine its training to ensure other officers aren't distracted by the in-car computers.
Oregon's basic police academy for law enforcement officers doesn't offer specific training on how to use the mobile data computers in patrol cars because not all police agencies in the state have them. Yet its 48-hour emergency vehicle operations course for police recruits does stress the need for police to give their full attention to the road while driving.
The case points to a growing tension: While police are expected to use increasing technology in the field to obtain information quicker, the distractions also have the potential to cause accidents. They've occurred from New York to Texas to Oregon, and has prompted researchers to develop hands-free, voice-activated technology for police cars.
"We talk to officers about pulling off the side of the road if they need to use their MDTs, cellphones or to text," said Capt. Ed Thompson, of the state's Department of Public Safety, Standards and Training. "We highly recommend they pull over and take care of that, rather than trying to balance a bunch of distracting activities."
However, each police agency has its own policies.
Portland police adopted a new policy in January when the state banned hand-held cell phone use by motorists. But it's confusing. On the one hand, the policy says no officer will drive a city vehicle while operating a cell phone or other communications device, which includes a mobile data computer. Yet the policy has exceptions, namely that it allows for sworn officers to operate the mobile computers while "conducting police business."
The policy notes that mobile data computers, and two-way radios, are necessary equipment for officers to respond to calls and that the policy must balance the safe use of the devices with the safety of the officer and public. It also states that studies have shown conclusively that driving while communicating on mobile devices significantly increases the chance of an accident.
"We have all these devices, and you're expected to multi-task and use them as a police officer," said Sgt. Pete Simpson, a bureau spokesman. "But this policy adopted in January gave our patrol supervisors an opportunity to reinforce to officers they should not overwhelm themselves when their primary job is to drive, get there, be safe and be alert."
The crash that prompted the Portland lawsuit occurred when Alganesh Negasi, then 80, was walking north in an unmarked crosswalk across Northeast Russell Street, at Rodney Avenue, heading to an Ethiopian grocery store.
Officer Ty Garrison was driving a 2007 Ford Crown Victoria westbound on Russell Street, approaching Rodney without emergency lights or siren, and briefly took his eyes from the road to check for service calls on the mobile data terminal.
"Out of the corner of his eye, Garrison saw a blur, and when he looked up, he found 80-year-old Alganesh Negasi directly in front of his police car," a police summary of the case says. "Officer Garrison braked hard, but was unable to stop his car before impacting the pedestrian, causing significant injury."
The impact, which occurred shortly after sunset on a rainy, overcast day, sent the woman flying onto the hood of the car, before sliding off onto the street. She was hospitalized for five days and spent eight weeks in a rehabilitation facility. She suffered a fractured pelvis, and multiple fractures to her right lower leg, and required physical therapy and home care.
Negasi, an Ethiopian immigrant, now must use a walker to leave her home, her attorney said. But she's a fighter and Negasi hasn't let the accident stop her from working toward her U.S. citizenship, which she'll be granted at a federal ceremony on Thursday.
The negotiated settlement, on the city council's consent agenda Wednesday, provides for $88,477 to cover medical expenses to date, plus $250,000 in general damages.
"She's a very nice lady who's tough and not a crybaby," her attorney, Marvin Nepom said. "The officer admitted he was momentarily distracted. It was just an unfortunate accident that occurred, and the city stepped up to the plate, if you will, and we resolved the case."
The Police Bureau's collision review board reviewed the case and ruled the accident was "preventable" and issued the officer a letter of reprimand.
"Prevention of vehicular accidents is a priority of the Police Bureau,"
to the city's risk manager.
The majority of Oregon's urban police agencies have mobile computers in their cars. Only 25 percent of Oregon State Police cars now have mobile computers, yet those are only used to do driving record and criminal record checks . A state police draft policy, not yet adopted, allows the mobile computers to be used while officers are driving. However, it says, each officer is responsible for the safe operation of the patrol vehicle, and attention to the mobile computer "must not detract from the safe and responsible operation of the vehicle."
"It's imperative that each member exercises appropriate caution and judgement when driving and using the mobile data terminals," the state police policy says.
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