They settled but I do not believed it was quickly.
Their fist action was to work on banning outsiders from cycling in the county and later changed it to groups of ten or more.
And I don't keep up on details of liability sharing between local and state authorities and the Tour of California organizers, but I wouldn't want to try to get re-elected to a county board of supervisors around here after voting to send it away.
RAGBRAI isn't either Tour, but it's an old and venerable Iowa tradition now. And I would think everyone along the route makes money. Who doesn't like RAGBRAI?
So, now all local commuters need parade permits for those lines of cars every day?Quote:
and later changed it to groups of ten or more.
Who writes the scripts for those guys?
Warning, graphic photo of some of her burns at these links: http://harmfuldruginfocenter.files.w.../mcdonalds.jpg
To anyone who wants to know more about how the public perception of "frivolous" lawsuits has been shaped by a concerted effort by big business, I recommend this film: http://www.hotcoffeethemovie.com/
The McDonalds case was just plain stupid, and using it in this case is comparing apples to oranges. People EXPECT coffee to be hot. Cyclist DO NOT expect that there will be a tire grabbing trap in a railroad crossing.
Also-----------I agree with the person that said all the PERFECT riders that blamed the cyclist for the accident are out of line. There are any number of reasons why the cyclist may not have seen that gap in the approach.
As an aside to this, in my state I pay on my property tax bill for rail road safety crossings. It is a stupid tax apparently run thru by legislators paid off by the rail roads. It is supposed to pay for cross arm and lights and even over passes. Things the railroads should be paying for themselves.
Those PERFECT riders that blame the cyclist should note that for her to get her wheel caught in that gap, she was crossing the tracks at the proper 90 degree angle. She was crossing in the proper safe manner.
Let's hope the San Franciscans don't get wind of this.
I think the RR's owner is funny.
"Reactions like that make me regret allowing a right of way"...
Um, you do know that land was GIVEN to you, for free, and cleared at our costs? "Our" being, the tax payer, and the common knowledge that pretty much all rail lines west of the the Mississippi were gifted to the railroad companies.
I think the damages are reasonable, assuming the custom bike was actually worth that much. Only $110 in medical bills, sounds like she is asking for the co-pay. She could sue for full cost, or just sic her insurance companies on the RR. Which would he prefer? a $10K settlement, of a $150K settlement with two different insurers (Health insurance carrier, and homeowners/renters insurance carrier)?
If the rr crossings around here looked that good I'd be thrilled! Downtown around here there is a triple rr crossing that I have been over innumerable times on commuter and road bikes with no incident. It's not perpendicular to the road and it's bumpy and uneven. I take the whole car lane to ride it perpendicular to the tracks direction. The road has moderate traffic and I've never had a problem. I just keep it slow and pay attention.
I rode the Bicycle Tour of Colorado a few years back. One part of the route had several road crossings of narrow gauge rr tracks. Some were at acute angles to the road direction. They warned all the riders emphatically numerous times to go extremely slow or to walk the bikes over these tracks. They even posted ride marshalls at the rr crossings to slow riders down right there. But still several people just rode on over them and fell or had some incident (I was told by some ride marshalls). I did stop and just lift my bike over them and then rode on.
Near Delta, Colorado is a nasty rr crossing I saw on a Ride the Rockies route. The tracks were inset at least an inch below metal plates lining the edges of the little "trenches" that the tracks were in. No rider warnings posted around the crossing. I awkwardly bumped through and continued on. I noticed a few people changing flats just after the crossing but didn't think much of it. It was almost to the end of day. That evening I noticed that my rear tire had two deformations on it, the distance apart of the rails. (Had to trash the tire.) Then I realized those people got snakebit flats from hitting the sharp edges where the rails were inset. Next time I ride that I will walk my bike over it!
At least in that case the guy was honest enough to bluntly say it was his own stupidity.
I get to cross 7 different tracks on my commute every day- some at dangerous angles when there's other traffic and compounded by the tracks being slippery in rain. There's no substitute for slowing down or dismounting ocassionally.
It would be nice if that crack was repaired, but it's an open an obvious hazard, and there are all sorts of cracks, gaps, hooved up areas, and other assorted hazardds around railroad tracks. Irregularities around rairoad tracks are totally to be expected.
And I could easily bunny hop that crack, as well as the railroad track.
Nor should we expect any cyclist to be completely aware of all hazards at all times. Let's face it, there are so many competing distractions that even the most experienced of us will miss something occasionally. Sometimes we get bit.
What next? Cyclists should be able to sue motorosts when they run stop lights and cause an accident because the general public should be aware that most cyclists ignore stop signs and traffic lights so everyone should therefore give up their right of way for them?