Screen Shot 2016-04-21 at 7.06.28 AM.png

Kenneth Britt Smith, 27, is accused of smoking marijuana, then driving while high and striking and killing cyclist Martin Greenough along Northeast Lombard Street in December 2015. A lawsuit filed Wednesday, April 20, 2016, faults Smith as well as the city of Portland and the Oregon Department of Transportation for alleged dangerous road design.

(Multnomah County Sheriff's Office)

The family of a cyclist who was killed by a driver suspected to be high on marijuana has filed a $3.6 million lawsuit against not only the driver, but also the Portland and Oregon for road design the family says puts cyclists in grave danger.

The lawsuit, filed Wednesday, states that Martin Greenough was struck along a 200-foot section of Northeast Lombard Street that doesn't contain a bike lane because the road narrows to travel under the Northeast 42nd Avenue overpass. The roadway before and after this "pinch point" is equipped with a bike lane, according to the suit filed in Multnomah County Circuit Court.

Greenough, 38, was cycling home from work on Dec. 12, 2015, shortly after 8:30 p.m. when he was struck from behind by driver Kenneth Britt Smith at 45 mph, according to the lawsuit. The suit says Greenough was wearing a bicycle helmet and his bike had a flashing red taillight.

Greenough rolled onto the hood of Smith's Ford Crown Victoria, traveled 145 feet and ended up on the pavement, according to the suit. He died at the scene.

Meanwhile, police have said Smith drove off. The suit states Smith was found with his broken down car near Northeast Sandy Boulevard and Interstate 205 -- about three miles from the scene.

Police said Smith smelled of burnt marijuana, was lethargic, had droopy eyelids and told officers he had smoked pot about 61/2 hours before the crash.

Smith, 27, has pleaded not guilty and is scheduled to go to trial next week to contest accusations of first-degree manslaughter, driving under the influence of intoxicants and other charges.

Wednesday's lawsuit alleges Smith is at fault because he was intoxicated, drove too fast, drove recklessly and showed extreme indifference by fleeing.

The suit faults the Oregon Department of Transportation and the city for failing to take action to improve the road for cyclists when those governmental branches allegedly knew there was a problem at least a year before the fatal incident. The suit says a proposal for making safety improvements to the "pinch point" in 2019-21 was made at a state transportation meeting but wasn't approved.

Days after Greenough's death, the transportation department offered this statement to BikePortland.org:

"We are saddened by the tragic loss of a bicyclist on North Lombard Street Saturday night. Every driver has the responsibility to protect other road users by not getting behind the wheel impaired or distracted.

We look forward to reviewing the findings from the crash investigation to better understand the causes of this tragic event. ODOT makes safety improvements based on what will have the biggest and best impact on public safety.

Recently, we have been at work on developing a long range plan to improve safety on Lombard and have, in fact, identified potential funding for implementing a road diet on a portion of Lombard in the current STIP (State Transportation Improvement Program) update."

The lawsuit seeks up to $1.65 million in economic losses for Greenough's death and $2 million for his parents' loss of society, companionship and services from their son.

Portland attorney Erik Graeff is representing Greenough's estate.

Read

.

-- Aimee Green

503-294-5119