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  1. #1
    Senior Member Miguelangel's Avatar
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    what a way to start 2008

    After a beautiful new years ride i started doing my daily mileage in a park that has neat bike lane where many roadies go to train. The municipality is proud of this park as they say it a safe place to ride bikes...I started going there for the last few months and I have always complained to the security guards how is that they let people ride without lights at nite and yngr kids wothout supervision... the guards reply that although is in the parks rules they dont enforce it...well it happened.. i was doing a slow recovery, after finishing my first century last saturday, at 13 mph and out nowhere a 14/15 year old jumps in my lane no lights no helmet in one of those heavy k mart trick bikes... i had no time to stop so i crashed his front wheel and i flew....nothing happened to the kid and he left his bike and ran away not to be found... i was left with a hurt back and my left collarbone broken...shoot!!!! The Dr. said in 3 weeks it shud be ok and then we shall see if i lost mobility...i talked to a lawyer today and well meet next week..i am planning to sue the municipality and the security company.... i hope i can show them a lesson.... has anyone been tru something similar??? any suggestions????
    BTW, the lanes have video survlliance or so they say, im planning to look for the tape...

  2. #2
    Uber Goober StephenH's Avatar
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    I would doubt you can sue the city for lack of enforcement. Everyone that ever got shot would be suing the government, then.

    Sad part is, if you actually won a suit like that, they'd just close trail down.

    BTW, do you have lights? Guess I'm wondering why if someone jumps in front of you without any lights, you don't see him with your headlight?

  3. #3
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    Instead of suing right off the bat, why not just talk your situation over with them? Or someone higher up the chain of command from who you weren't getting any response from.

    If you sue, they may just decide to shut down the bike path or turn it into a no-bikes-allowed MUP.

    Check with the guard's supervisor(s) and if you get nowhere there, find the municipal department responsible for the path and work your way up their chain of complaint.

  4. #4
    Al noisebeam's Avatar
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    Lane as part of road thru park or path?

    Al

  5. #5
    Senior Member Miguelangel's Avatar
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    well i did have two front lights.. the path is exclusive for bicycles thru a park along a river and is completely independent from any other type of truways... yes we will try to talk to municipality first to get a reaction.... the policeman that filled the report up was the one encuraging to sue since he says it happens all the time and nothing ever gets done... he says the policy of the city usually pays fpr damages...
    My main concern now is figuring out if ill be able to rideagain after the collar bone broke

  6. #6
    feros ferio John E's Avatar
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    1) Get well soon. I suffered a double fracture of the left clavicle in 1976, in my one-and-only close encounter of the wrong kind with a motor vehicle, and it healed in just under 3 weeks, instead of the projected 6. The only lasting effect is a pair of palpable calluses, which on very rare occasions cause irritation with an automobile shoulder belt.
    2) The unlit kid, not the city or the security company, is responsible for your crash. Since he is presumably a minor, his parents should be paying your expenses plus pain-and-suffering. I hope someone can identify him.
    "Early to bed, early to rise. Work like hell, and advertise." -- George Stahlman
    Capo [dschaw'-poe]: 1959 Modell Campagnolo, S/N 40324; 1960 Sieger, S/N 42624
    Peugeot: 1970 UO-8, S/N 0010468
    Bianchi: 1981 Campione d'Italia, S/N 1.M9914
    Schwinn: 1988 Project KOM-10, S/N F804069

  7. #7
    Senior Member Miguelangel's Avatar
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    thanks 4 your reply and good wishes John. I hope its only 3 weeks, I just feel frustrated since I had just finished my first century and was looking fwd to a year of new challenges. I agree with what you say regarding the kid. But the nites I been riding there a lot of riders wear no lights and this park has specifically been created for bicycles. I'm not looking for vengeance but more for that security folks there be responsible and teach riders safety. Even the guards have no lights in their own bicycles!!!!!....I'll keep you guys up dated with the turnout if anything interesting comes out once we chat to the people in charge.

  8. #8
    Senior Member maddyfish's Avatar
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    Ride on the road. Bike trails are for 13/14 kids on kmart bikes with no lights riding crazy. And for children, with training wheels, and parents chasing dogs while on the phone.

    I take my children to one of these trails, I take my old out of garbage Huffy. My kids ride crazy, and my wife chases the dog. That is what bike trails are for. Expect it.
    Not too much to say here

  9. #9
    Senior Member Kurt Erlenbach's Avatar
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    Maddyfish is exactly correct. Trails are for kids, joggers with headphones, rollerbladers, and dogwalkers. Roads are for bikes. My worst crash ever was on a trail.

  10. #10
    Senior_Member2 diff_lock2's Avatar
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    Check if they can install street lights. Some crazy hid floods every 30ft, Alt. left and right sides of the road.

  11. #11
    Senior Member gcottay's Avatar
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    Quote Originally Posted by Kerlenbach View Post
    Maddyfish is exactly correct. Trails are for kids, joggers with headphones, rollerbladers, and dogwalkers. Roads are for bikes. My worst crash ever was on a trail.
    This is, of course, a matter of opinion. Mine is that bikes belong on most all roads and most all paths. Some of the best riding I do is on paths. On others, ten or twelve MPH is about the practical limit.

    Heal fast and well, Miguelangel, and enjoy a fine year of riding wherever seems best to you!
    George
    Laissez les bon temps rouler

  12. #12
    ♋ ☮♂ ☭ ☯ -=(8)=-'s Avatar
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    Quote Originally Posted by Miguelangel View Post
    After a beautiful new years ride i started doing my daily mileage in a park that has neat bike lane where many roadies go to train.
    Roadies training on a bike path ?
    The words, 'Roadies training' can often be found in posts describing undesirable situations......
    Last edited by -=(8)=-; 01-11-08 at 07:48 PM.

  13. #13
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    Quote Originally Posted by StephenH View Post
    I would doubt you can sue the city for lack of enforcement. Everyone that ever got shot would be suing the government, then.
    It depends. I am not a lawyer, and I do not pretend to understand the intricacies of the case law, but you CAN sue for lack of enforcement under some circumstances. EX: You call the police about a serious crime and the CHOOSE to not respond.

  14. #14
    Senior Member Miguelangel's Avatar
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    Well im meeting with a bike friendly lawyer next week . I will keep you all posted. Thanks for the get well wishes

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