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Mother of dead Beaverton teen bicyclist sues TriMet
02:21 PM PDT on Thursday, June 19, 2008
PORTLAND, Ore. -- The mother of a teenage boy who died when his bicycle struck the side of a TriMet bus has filed a $2 million lawsuit against the transit agency.
kgw.com
Austin Miller in a photo from his school.
Attorney Elden M. Rosenthal filed the wrongful death lawsuit Tuesday in Multnomah County on behalf of Stephanie Miller, who represents the estate of her deceased son, Austin.
Austin Miller, 15, of Beaverton died Feb. 11 on his way home from school. Police said the boy, who was wearing an iPod portable music player, ran a traffic light at Southwest Murray Boulevard and turned his bicycle left onto Farmington Road just as the bus was pulling into the bus stop a short distance from the corner.
The impact knocked Miller from his bike and the back wheels of the bus crushed his skull. He died at the scene.
A report released in April from the Washington County Crash Analysis Reconstruction Team did not fault the 53-year-old bus driver.
"Had Miller stopped, this crash would not have occurred," the report states.
At the time of the report's release, Stephanie Miller said she and Austin's father disagreed with its conclusions.
"We both think that the bus driver could and should have avoided hitting our son," she said in a statement.
The lawsuit claims TriMet was "negligent in failing to keep a proper lookout for bicycle traffic."
Rosenthal was not available for comment Wednesday. Mary Fetsch, TriMet communications director, said the agency does not comment on pending litigation.
Background: Miller a creative boy with big dreams
Teen wrote article for school paper about bike safety
TriMet said that immediately after the crash it reminded its 1,200 bus drivers to be watchful of bicyclists. TriMet operating procedures call for buses to yield to bicyclists before pulling into or out of bus stops, turning or changing lanes.
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