njkayaker

If you are talking about the pic with the person fixing a flat, there's no (clear) evidence of construction (milled road). We don't really know what direction picture is relative to the construction.

That picture is also fairly far from any intersection.

spelger

yes, that is why i added the comment regarding missing pictures. i recall them, just not sure if they were in that thread or not. some road rash on larry but i do recall otehr images of the site.

Herzlos

So I thread the other thread and my comment here seems to have been bang on. Larry has mentioned there that he had no shirt or helmet, and was racing to keep up with a group. What I missed was that he stopped to smoke some weed, and whilst a few people in the group got flats, most were fine and only Larry went down.
He then cycled to work the next day, got sent home and then went on a detour. So he doesn't appear to have been that injured.
After the incident, he moved a warning sign with the blessing of some road workers. So it was an active work zone with at least some signage.
So I'm not actually sure what Larry thinks he could sue for.

The whole thing also seems to have happened a month ago.

Did I miss anything?

Herzlos

Over here, a milled road section of road is when the top layer has been cut/scraped away. So it's certainly rough and there will be a lip where the cuts were made, but at a sensible speed (not 25mph) should be perfectly manageable even on super skinny 23mm tires.

Is it the same in the US?

WhyFi

Yes.

njkayaker

Yes, it's the same.

It was reported that the lip was 2 inches. Going off that would not be the same as going onto it. And seeing it would be different than not seeing it (it being a surprise).

At this point, we'd need some something objective (like a picture of the lip) and more information.

We have reports from the same person that there weren't any indications and that there were.

It's not even clear whether it was a milled surface or a new layer of asphalt.

Herzlos

To be fair, all we know is that a rider who rides in a frankly dangerous manner had an accident.

njkayaker

Other riders had issues too.

spelger

yes, the part about him sueing,, he never claimed to want to. At least that is not how I read his op.

indyfabz

The last paragraph of the OP (especially the last sentence) at least hints at doing so.

njkayaker

??? He's fairly-clearly considering doing so, which is darned close to wanting to. He would only be "screwed" if he sued. Otherwise, why even make the first post?

LarrySellerz

It was a "T" intersection, the sign was facing the other end of the T and was not visible from the way we came. I moved the sign about 6 minutes after the crash and did not notice the sign or workers before the crash, so yeah I contend they were not there. The sign was not visible from the way I came, if it was we would have seen it and the ride wouldn't have gotten a bunch of flats and I would not have crashed. For what its worth I was far enough away from the ride that I couldn't see them react to the lip, for people in the pack it was worst for people in the front. People behind could react

LarrySellerz

For what its worth "sueing" isn't something thats really up my alley, my claim to the city would be well intentioned like "hey you guys really messed me up, here are some pics, you might even have other incidents reported at the same spot. Please give me back pay for time missed from work and damage done to my bicycle." The total amount would be ~1,000$ im not looking for a big payout.

The receipt I have from the bike shop is for 2 back wheels, 3 tubes, and labor (got 2 bikes fixed) Would be funny if I used that, if a little dishonest. Frankly most people would have gone to the hospital so if the city is responsible the amount I want is very reasonable from a purely economic point of view. The worst part is is that I owe woodside like 300$ for a traffic ticket that wasn't my fault at all, and they are probably gonna deny this claim and send that 300 to collections. So unfair.

scott967

Here in Hawaii the state and private landowners get sued all the time by hikers who get in over their heads in the mountains. So the state's solution is to make most everything illegal and you are then trespassing.

scott s.
.

tomato coupe

If you hit the lip, then you were riding on the part of the road that had already been milled. You didn't notice that?

njkayaker

No problem asking about it. I wasn't making a comment about that.

If you are asking for more than a tube, you probably need more "proof" (like a police report). Without that, there's no indication your damages happened there. Especially, 2 months later.

njkayaker

It would not be a good legal strategy to contend a sign you moved as being "not there". That you can't describe what happened clearly isn't doing you any favors either.

Was the road milled or was it a new surface?
Did you ride off of a lip or did you ride into the lip?

Given all the flats, it seems more likely you road into the lip/rise. If so, you were riding on the milled surface.

LarrySellerz

No I didn't notice

Polaris OBark

You probably just did.

LarrySellerz

if they have an intern monitoring bike forums and put two and two together then good for them. Im not trying to cheat anyone, even if I was negligent the city still played no small part

Polaris OBark

If you are serious, you should get a lawyer to take your case on contingency. The good thing about that is that they are unlikely to bother unless it is a winnable case.

It is when you decide to pursue it that what you say on an internet forum could be used to undermine you.

It is why they tell people not to discuss motorist/cyclists collisions in the forums.

njkayaker

It appears a fair amount of people didn’t notice it.

wolfchild

That's what happens when people get into a " group mentality "...the entire herd just follows each other and rushes over the cliff edge.

Nachoman

City and local municipalities pay for cyclists' injuries all the time, as a result of pot hole accidents.
All you have to show (at least here) is that the City caused the pothole (like one of their own workers didn't patch properly) or that the City knew about the pothole and failed to repair it (like if they received prior written complaints).

tomato coupe

Sure, but were they riding at 25 mph on the milled surface like our crash victim?