As a near record snow fell on Bend over the past two weeks, the city’s streets increasingly became sidewalks for pedestrians, as walkways were buried beneath feet of slush, ice and, of course, snow.

Along Third Street, pedestrians nearly brushed shoulders with oncoming cars. Reed Market Road put walkers within an arm’s length of vehicles. And on NE Eighth Street, Justin Voss trudged along the road with his back to traffic, the sidewalk next to him under four feet of snow.

”I’m a little afraid, especially when it’s icy,” said Voss, a 13-year-old Pilot Butte Middle School student who walks to school every day. ”You feel like there’s at least a little protection when you’re on the sidewalk.”

The introduction of pedestrians to the slippery roads is one that has been a volatile mix in Oregon.

According to the latest study done by ODOT in 2000, 640 pedestrians were injured from a car hitting them, and 47 of them were killed.

As of Wednesday, both St. Charles Medical Center-Bend and the Bend Memorial Care Urgent Care Center reported several people coming in over the past several days with broken bones and bruises caused by falling on the snow and ice.

”What we’ve seen is slips and falls and sprains and strains,” said St. Charles spokesman Todd Sprague. ”When the weather is like this, we expect to see injuries like this.”

None of the liability for accidents caused by pedestrians walking the streets falls to the city, however, according to Jim Forbes, the city attorney.

Even though Bend has cut its street maintenance budget by $800,000 this year, the city has no more liability in the matter.

According to Bend’s adopted budget for 2003/2004, the city budgeted $4.6 million for the current year, 15 percent less than the prior year’s adjusted budget of $5.4 million.

The money the city uses for snow removal comes from this fund.

The city said in its budget report that the decrease comes from ”ongoing efforts to maintain a positive fund balance while researching additional means of funding street maintenance costs in the future.”

”Obviously it’s an unfortunate situation, but the city is not liable for a natural event like snowfall,” Forbes said. ”The city has immunity from any damages from a discretionary decision by the city such as how much money to budget for snow removal. So if the city doesn’t have the money to plow the streets or sidewalks, it can’t be held liable.”

Mike Elmore, Bend public works director, said the city was already $150,000 over the $200,000 it had budgeted for snow removal.

The department has an additional $800,000 in a contingency fund it can draw on with the permission of the city council.

Until walkways are clear, Rick Waring, the bicycle and pedestrian safety program manager for the Oregon Department of Transportation, advises pedestrians to walk against traffic to see vehicles coming at them – and to give yourself time to react if they don’t see you.

Five steps to being a safer pedestrian

1. Stay alert.

2. Be predictable: Sometimes motorists are unsure whether a pedestrian wants to cross. If you don’t want to cross, move back from the curb. If you do, establish eye contact with the driver.

3. Follow the signals: Obey all pedestrian signals.

4. Make sure you’re seen: Many motorists are distracted and not looking for pedestrians. Choose bright-colored clothing and wear something reflective at night.

5. Be careful at the curb: Oregon statutes place responsibility on pedestrians who suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute a hazard. Don’t enter the street between parked cars. Remember that the larger the vehicle, the longer it takes to stop.

Source: Oregon Department of Transportation

Kevin Max can be reached at 541-617-7822 or kmax@bendbulletin.com. Kelly Kearsley contributed to this story.