Making city pay for crash
#51
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some folks are having a hard time believing LarrySellerz that the site was not marked. i went looking at that last post just to see and there is only one pic. there are no markings of any kind that i can see. but i do recall another set of pics of the same incident but don't recall any signage. maybe the images were removed due to all the blood and guts.
That picture is also fairly far from any intersection.
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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.
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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?
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?
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Is it the same in the US?
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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?
Is it the same in the US?
#56
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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?
Is it the same in the US?
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.
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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?
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?
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#61
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Have any of you tried getting compensation from a city when their negligence contributed to a crash? I lost a weeks worth of wages and caused hundreds of dollars of damage to my bike. I have gnarly pictures (I would post them but I dont wanna get banned.) but I rode home without seeking medical attention and didn't file a police report which might end of screwing me.
#62
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Per Larry in the other thread:
"I crashed super hard today after hitting bump in a road that was being worked on, it got 6 people with flats but im the only one who went down. I was behind the group chasing at my limit and hit it at at least 25 mph."
"Kings mountain and 84, they were resurfacing the roads and left a 2 inch lip temporarily that got a bunch of us. Kinda embarrassed that I crashed I think I was too loose on the handlebars, cost of doing business. Moved a sign in the middle of the street to where the bump is with the blessing of two workers so hopefully nobody else crashes. Honestly not really sure how I crashed but it was a pretty gnarly bump, was in the red chasing which didn't help"
So you moved a sign with the blessing of two workers, but now you state there were no signs and no workers to be seen anywhere.....
Others got flats, but you crashed while riding beyond your ability. Sounds like you might have a plausible case to be reimbursed for a tube, but the crash was user error and no fault of the city.
"I crashed super hard today after hitting bump in a road that was being worked on, it got 6 people with flats but im the only one who went down. I was behind the group chasing at my limit and hit it at at least 25 mph."
"Kings mountain and 84, they were resurfacing the roads and left a 2 inch lip temporarily that got a bunch of us. Kinda embarrassed that I crashed I think I was too loose on the handlebars, cost of doing business. Moved a sign in the middle of the street to where the bump is with the blessing of two workers so hopefully nobody else crashes. Honestly not really sure how I crashed but it was a pretty gnarly bump, was in the red chasing which didn't help"
So you moved a sign with the blessing of two workers, but now you state there were no signs and no workers to be seen anywhere.....
Others got flats, but you crashed while riding beyond your ability. Sounds like you might have a plausible case to be reimbursed for a tube, but the crash was user error and no fault of the city.
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#63
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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.
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Most cities/counties around the country have recreational immunity laws/statutes in place, which gives them broad immunity against liability for any injury to a person engaged in a recreational activity on municipal property. Good luck trying to make any claims and expecting some big pay out. It's not going to happen.
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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
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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.
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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
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.
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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.
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.
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#74
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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).
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).
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