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Trying to ban Dangerous Drains...

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Trying to ban Dangerous Drains...

Old 12-12-10, 03:07 PM
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Trying to ban Dangerous Drains...

Sent the following email to a member of a statewide bike advocacy group (The BTA), and a bike injury attorney. I had to break the message up across multiple posts due to the number of images involved.

I'd like to request the BTA's help in getting some changes made to local and state road/building codes to further eliminate the possibility of cyclists and wheelchairists being injured by storm drain grates. There are three types of drain grates that I repeatedly see that have the potential to injure: Square, Round, and Poorly Designed/Placed Rectangular.

Square Grates are often found in parking lots. Some with, and unfortunately many without, welded straps to prevent wheels from getting caught. In the following image, this cyclist's rear wheel was broken when she didn't see it while riding. She was fortunate however, because it wasn't her front wheel that got caught.



That grate didn't have any straps welded across it. Often, I find that welded straps break off and are not replaced.





Combine the wide, open slots with the inability to prevent them from being installed improperly (upside down and/or rotated parallel to the direction of travel), and you have a recipe for injury. I've approached agencies such as Beaverton's Code Services, and am told there is nothing that they can be do (legally) to compel property owners to fix them once they are installed and pass building inspection. I'd like to change the code to prohibit new construction from using square grates.

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Old 12-12-10, 03:07 PM
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Had to break this email up to add all the images.

Circular Grates are like the square grates, often suffering from missing or broken welded straps. Unlike Square Grates, Circular Grates can change their direction on their own when traffic drives over them. I observed this happening at the McDonald's restaurant where I took the following pictures.





Other Circular Grates may have a single strap built into them, but that won't stop a wheel from dropping suddenly, and possibly causing a cyclist to crash.





Again, the wide, open slots of this style of grate make them a hazard to cyclists, and wheelchairists.

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Old 12-12-10, 03:09 PM
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Had to break this email up to add all the images.

Poorly Designed/Placed Rectangular Grates come in a variety of styles, which I've named: Latitudinal, Longitudinal, and Wavy.
Latitudinal Grates are grates where the slots are perpendicular to the long side of the rectangle. They are safe when up against curbs, but can catch wheels at ramps or grade level crossings. Such as this one next to the MAX Tracks at Skidmore Fountain.



That grate was eventually replaced, with the grate seen in the following image.



However, the replacement still isn't safe, as it can still catch the small coaster wheels of wheelchairs. Whichever agency replaced that grate would have been better advised to use an ADA safe style of a Longitudinal Grate. An example of that can be seen in the following photo.


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Old 12-12-10, 03:09 PM
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Had to break this email up to add all the images.

Longitudinal Grates are grates where the slots are parallel to the long side of the rectangle. They are not safe in any location, unless they get straps welded across them at at least three locations. The problem with that, is often straps are never installed.





Or break off


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Old 12-12-10, 03:10 PM
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Had to break this email up to add all the images.

I've seen larger versions of these grates along SW 110th Ave Beaverton, I-5 (which IS a legal bikeway), and the Beaverton-Hillsdale Highway. Examples are seen in the next two images.





These grates are installed so that the slots are parallel to the direction of travel. If a cyclist is riding close to the curb due to traffic conditions, and doesn't see the damaged grate, they could fall in.



Wavy Grates are a variation of Longitudinal Grates. Like them, the slots are parallel with the long side of the rectangle, but they don't have straight slots. These next two photos show them and their risk.





They suffer from all the same problems of Longitudinal Grates, and one other. It seems to me that officials feel that due to their shape, they aren't a hazard. This makes these grates some of the most difficult to get replaced or fixed.
My proposal would make it a requirement that no Square Grates, Circular Grates, or the Poorly Designed/Placed Rectangular Grates would be permitted in any new road or building project. I'd add that any future project would be required to have grates installed that are only capable of proper installation. Welded straps would have to be integral to the construction to prevent breakage and loss. These grates would be incapable of catching a wheelchair or bicycle wheel, as they would never line up with the direction of travel.

Please contact me if you need any additional information, or images.

Many thanks

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Old 12-12-10, 10:29 PM
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Hopefully it's not as hard as it is to say "dangerous drains" out loud.
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Old 12-12-10, 11:03 PM
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Originally Posted by MWPdx
Hopefully it's not as hard as it is to say "dangerous drains" out loud.
I think that the pics are pretty compelling... however, I've been going through my collection of photos, and found some more that would have been good to add to the email... such as this:



That's the damaged rear wheel from the crash that lead to the first photograph in the first part of this thread.

Here's an example of what could have happened:



Or in the driveway of a nearby apartment complex.



Or McDonald's



Or on the Providence Bridge Pedal:




I've pulled out over 600 photos of the Good, the Bad, and the Damned Dangerous Storm Drain Grates I've taken over the years. I've titled the set "The Great (Not-So-Great) Grate Set".

Rubberside Down!
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Old 12-12-10, 11:19 PM
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The obvious problem is that bike tires are too narrow. I say ban narrow bike tires. Make 3.5" the legal minimum and the problem is solved.

But I figure getting this common-sense law passed may take years if not decades. Until then I guess we're just going to have to watch where we're going.
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Old 12-12-10, 11:20 PM
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I still bear the scar on my chin from one such grate.
It's amazing to still see such grates in use, especially in parking lots. Those types of grates disappeared locally shortly after my incident, and that was over forty years ago.
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Old 12-12-10, 11:28 PM
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It could be a long, slow process, but you may want to start a quasi-official "notification" process to alert municipalities and businesses to the hazards in their roadways and parking lots.

Create an official-looking form that clearly describes the location (gps coordinates from a smart-phone, and a linked picture, would be good). Describe the hazard - bars too far apart, not perpendicular to traffic, etc., etc. Tell them you are sending it to them so they will be aware of a potential hazard to the public, which they might want to deal with. (on the back, give them some pictures of what they could replace their grate with). Don't threaten them, just "supply information". Play up the ADA side of things, especially if grate could be a hazard to wheelchair users, cane tips, etc. Send copies (as you accumulate them) to your local bike-injury lawyers. Send the originals to the city's or businesses' "loss-prevention department".

Similar actions were taken years ago in New York (city) where the city was liable for injuries if people tripped on uneven sidewalks, etc. -- only if the city knew about it. The personal-injury lawyers hired people to check out the sidewalks and prepared a mapping system which they then delivered to the City as the "notice". A lot of high-use sidewalks got fixed quickly, once the judge told the city that they had to take the maps as "notice".
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Old 12-12-10, 11:33 PM
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The trick is to ride on the Grate an not the Void ..

Simple fix ...
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Old 12-13-10, 12:06 AM
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Originally Posted by Six jours
The obvious problem is that bike tires are too narrow. I say ban narrow bike tires. Make 3.5" the legal minimum and the problem is solved.

But I figure getting this common-sense law passed may take years if not decades. Until then I guess we're just going to have to watch where we're going.
Good luck convincing people in wheelchairs that they need to have large, fat, tires to prevent them from having this problem.

PDX shelled out $100,000.00 from one lawsuit a few years back. I think that a simple change to the text of road/building codes would prevent new problems from popping up. Perhaps even prompt a few of the old problem spots to get fixed.
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Old 12-13-10, 12:22 AM
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It's too bad that I don't have any pictures of some of the grates in my town. They're an ancient wavy design, that looks safer than most of the newer style grates in this post. They're wider between the slots, and have more cross bars built into them. Been a while since I've been down a stretch that has one, but if I'm remembering correctly, the slots run perpendicular to the road, rather than parallel.
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Old 12-13-10, 12:28 AM
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Interesting post. Luckily, these seem to be quite rare around here. I'm surprised that personal injury lawyers haven't managed to get these totally eliminated everywhere. All it takes is one injury and the town or business responsible could be out a large amount of money (or more likely, their liability insurance would be).
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Old 12-13-10, 01:54 AM
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Going at this issue on a case-by-case basis for public rights of way is what I do. An email with the exact location, the exact issue and a photo to the appropriate municipality's Street Department and copied to the Risk Manager does the trick every time.
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Old 12-13-10, 02:23 AM
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Originally Posted by K'Tesh
Good luck convincing people in wheelchairs that they need to have large, fat, tires to prevent them from having this problem.

PDX shelled out $100,000.00 from one lawsuit a few years back. I think that a simple change to the text of road/building codes would prevent new problems from popping up. Perhaps even prompt a few of the old problem spots to get fixed.
Well, you're right, of course. Those wheelchairs travel at such high speeds that one could hardly expect the occupants to be able to avoid big, obvious, steel-covered holes in the ground.
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Old 12-13-10, 06:30 AM
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Originally Posted by CritEastwood
Going at this issue on a case-by-case basis for public rights of way is what I do. An email with the exact location, the exact issue and a photo to the appropriate municipality's Street Department and copied to the Risk Manager does the trick every time.
Excellent! I didn't even know there was a job like that. Searched online, and Portland does have Risk Managers... Problem is that their email addresses are not included on the website. I'll keep hunting.
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Old 12-13-10, 09:13 AM
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I've been arguing with the apartment complex to fix the ones on the drives here. I tried explaining it's a liability issue. They even had the perfect chance when they repaved the drives two months ago. No such luck.
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Old 12-13-10, 09:15 AM
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Originally Posted by Six jours
The obvious problem is that bike tires are too narrow. I say ban narrow bike tires. Make 3.5" the legal minimum and the problem is solved.

But I figure getting this common-sense law passed may take years if not decades. Until then I guess we're just going to have to watch where we're going.
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Old 12-13-10, 10:05 AM
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Originally Posted by mikeybikes
I've been arguing with the apartment complex to fix the ones on the drives here. I tried explaining it's a liability issue. They even had the perfect chance when they repaved the drives two months ago. No such luck.
You and me both...



I keep rotating it back when I find it's oriented wrong.
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Old 12-13-10, 11:14 AM
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Let me play devils advocate for a bit. It would cost a helluva lot of money and metal to replace every grate in the country. Perhaps a better solution would be to educate cyclists on the dangers of grates. I imagine many don't realize just how dangerous they are. Those that do, in my experience, avoid them. They're often found only in gutters and in the middle of parking lots, as shown in your pictures, both places most people don't ride in anyway. As for the wheel chairs, they're not exactly going to endo if the user doesn't see one and roll into it. Most people I've seen in wheelchairs have an incredible upper body, and could probably pull themselves out even if I was trying to hold them in.
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Old 12-13-10, 07:37 PM
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Originally Posted by Barrettscv
I see we've now entered the phase of our relationship where you follow me around the internet making personal attacks. That's progress, but I have to admit I'm looking forward to the part where you get all pissy and put me on "ignore".
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Old 12-13-10, 09:23 PM
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Contact Bike Portland, or the advocacy group in your area, and find out whom to contact about the problem grates. We have a mandatory bike lane law here, so coming upon one of those grates suddenly would make the municipality liable. Like with bad potholes, once reported tot he right agency, then are then legally liable for anything that happens if they are not corrected.
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Old 12-13-10, 11:04 PM
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Originally Posted by oban_kobi
Let me play devils advocate for a bit. It would cost a helluva lot of money and metal to replace every grate in the country. Perhaps a better solution would be to educate cyclists on the dangers of grates.
Cyclists are still human, and still prone to making mistakes. My mistake with a grate left me sprawled out and dazed on the sidewalk for about 30 minutes. Grate replacement doesn't have to be an overnight mandate, and it can be done over a reasonable interval, spreading the cost out over a larger time frame.

The cost of just one lawsuit alone can pay for many drainage grate replacements.
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Old 12-13-10, 11:12 PM
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Originally Posted by oban_kobi
Let me play devils advocate for a bit. It would cost a helluva lot of money and metal to replace every grate in the country. Perhaps a better solution would be to educate cyclists on the dangers of grates. I imagine many don't realize just how dangerous they are. Those that do, in my experience, avoid them. They're often found only in gutters and in the middle of parking lots, as shown in your pictures, both places most people don't ride in anyway. As for the wheel chairs, they're not exactly going to endo if the user doesn't see one and roll into it. Most people I've seen in wheelchairs have an incredible upper body, and could probably pull themselves out even if I was trying to hold them in.

My commute takes me past a large regional medical center, and the route used to feature a wheel-catching grate right at a bus stop.

While wheel-chair athletes may have incredible upper body strength, elderly people suddenly confined to a wheelchair by a stroke or injury do not have years of wheelchair experience and endurance.

Fortunately, the first time I stopped to help an elderly woman out of the grate, I reported it to the City, and the grate was replaced the next day.
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