Every driver has had a moment where nature called at the worst possible time. Usually that just means an uncomfortable few miles to the next exit. For one tow truck driver in North Portland, it apparently meant something far more serious: leaving a vehicle unsecured on the shoulder of Interstate 5 while he hopped a barrier to relieve himself.
The result, according to a new lawsuit reported by Oregon Live, was a vehicle rolling backward into live traffic and a three-motorcycle pileup that left at least one rider with injuries serious enough to end his ability to work as he used to.
Matthew Christian Powell, a motorcycle shop owner from Sweet Home, is seeking $3.2 million in damages from the driver, his employer Hillsboro Towing Service, and the company’s two owners. Powell says he and two riding companions were headed south on I-5 when the vehicle the tow truck was supposed to be hauling rolled into their path, leaving them no room to react.
It’s a reminder that on a freeway moving at 60-plus miles an hour, even a few seconds of an unsecured vehicle can turn into a life-altering event for someone else entirely.
What the Lawsuit Claims
Powell’s suit alleges the tow truck driver violated state law requiring anyone in charge of a motor vehicle to lock the ignition and set the parking brake before walking away. Instead, the suit claims the vehicle was left in neutral while the driver stepped away, allowing it to roll unchecked onto the freeway.
Mike Apling, who co-owns Hillsboro Towing with his wife, pushed back on parts of the account. He said he believes the vehicle was already in neutral when his driver arrived on scene, and that he’d heard nothing about the roadside bathroom break before the lawsuit surfaced.
“I have a hard time believing anybody would do that,” Apling said. “That’s not where I’d choose to do it.”
Fair enough.
The Toll on Powell
The suit details a long list of injuries, including a concussion and damage to his arms, chest, back, hips, knees and ankles, along with ongoing nerve pain. Medical bills have reportedly reached around $47,000.
Powell is also seeking $2,500 for motorcycle damage, more than $1.7 million in lost income, and $1.5 million for pain and suffering, plus punitive damages.
A Second Rider Also Files Suit
Powell isn’t the only one pursuing legal action. An insurance company representing a second rider, Kerley Martinez, has filed its own suit seeking roughly $24,000 to cover damage to his 2022 Harley-Davidson FLTRXST.
Apling noted that Hillsboro Towing has been in his wife’s family for 76 years, and that the driver involved has since left the company. “If we damage something, we want to take care of it as quick as we can,” he said. “It’s how you solve problems that has kept us in business.”
The lawsuit was filed July 11 in Multnomah County Circuit Court.