Cycling and bicycle discussion forums. 
   Click here to join our community Log in to access your Control Panel  


Go Back   > >

Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

User Tag List

Closed Thread
 
Thread Tools Search this Thread
Old 02-28-14, 07:04 AM   #1
Tpcorr
Senior Member
Thread Starter
 
Join Date: Jun 2013
Location: Long Island, NY
Bikes: 2016 Specialized Roubaix SL4 Expert, 1987 Cannondale SR500 105, Univega Nuovo Sport
Posts: 190
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
NYC and Citibike sued for $15 million

http://www.nydailynews.com/new-york/...icle-1.1704829

Only a matter of time, and not too much time at that! If he couldn't see that barrier before it was painted orange, he should also have his eyesight checked.

Tom
Tpcorr is offline  
Old 02-28-14, 07:15 AM   #2
bmontgomery87
Senior Member
 
bmontgomery87's Avatar
 
Join Date: Oct 2013
Location: Roanoke, Va
Bikes: 2013 leader 721. 2015 leader 725. 2012 fuji feather
Posts: 1,003
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
While it is kind of stupid to have a curb there, this is to the effect of someone riding into a building and then suing. You clearly aren't meant to ride through the docking station.
bmontgomery87 is offline  
Old 02-28-14, 08:14 AM   #3
rydabent
Senior Member
 
rydabent's Avatar
 
Join Date: Apr 2010
Location: Lincoln Ne
Bikes: RANS Stratus TerraTrike Cruiser
Posts: 5,768
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 170 Post(s)
A senseable judge should just throw that bit of stupidity out of court.

Hell look at the picture, if you are so stupid as to be riding into that area, you on your own fool!!!!!!
rydabent is offline  
Old 02-28-14, 08:17 AM   #4
rydabent
Senior Member
 
rydabent's Avatar
 
Join Date: Apr 2010
Location: Lincoln Ne
Bikes: RANS Stratus TerraTrike Cruiser
Posts: 5,768
Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 170 Post(s)
I would love to be on the jury if that would actually come to a court case. I would vote for $1.98 verdict, a hardy hand shake, and a warning to be careful in the future.
rydabent is offline  
Old 02-28-14, 08:21 AM   #5
thatcycleguy
Member
 
thatcycleguy's Avatar
 
Join Date: Mar 2013
Location: NYC & North GA
Bikes:
Posts: 37
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
The bottom feeding attorney that took this case should have his license revoked. This is a prime example of why our legal system is so jacked up.

Last edited by thatcycleguy; 02-28-14 at 11:53 AM.
thatcycleguy is offline  
Old 02-28-14, 08:41 AM   #6
JoeyBike
20+mph Commuter
 
JoeyBike's Avatar
 
Join Date: Jul 2007
Location: New Orleans, LA USA
Bikes: Surly LHT, and 3 others
Posts: 5,493
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 182 Post(s)


Did any of you notice that the orange cone and orange paint on the concrete divider were added AFTER the guy got hurt?

I think he might have a case. I hit one of those things once in an empty parking lot during a rain storm. I was so focused on looking up ahead for my opening (driveway) between two buildings that my peripheral vision didn't alert my brain something was on the ground the exact same color as the concrete below it. Worse than that, I crossed that same place 1000 times before and just forgot about the dividers. Had they been painted "highway yellow" I would have a better chance of noticing them. BTW...my eyeglasses were spotted with raindrops too.

So my vision was impaired and I wasn't looking at the road, I was looking at the horizon. I got pretty banged up. I never thought of suing anybody but I wished there was a law requiring those things to be painted along with the parking space stripes. I have seen many cars drive right over those things too by accident when they don't paint them bright colors.

Citybike put that thing in a stupid place that looks like a "walkway" and camouflaged it. I say the victim gets some compensation. He got trapped.
Attached Images
File Type: jpg original.jpg (31.7 KB, 6 views)
JoeyBike is offline  
Old 02-28-14, 08:41 AM   #7
spivonious
Senior Member
 
Join Date: Aug 2012
Location: Lancaster, PA, USA
Bikes: 2012 Trek Allant, 2016 Bianchi Volpe Disc
Posts: 1,857
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm sure CitiBikes has some sort of liability waiver you agree to when renting the bike. The city has taken reasonable actions to improve visibility of the barrier after the accident.
spivonious is offline  
Old 02-28-14, 09:11 AM   #8
Chicago Al 
Senior Member
 
Chicago Al's Avatar
 
Join Date: Jun 2009
Location: Chicago, the leafy NW side
Bikes:
Posts: 2,353
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 5 Post(s)
This is why we can't have nice things.
__________________
I never think I have hit hard, unless it rebounds.

- Dr Samuel Johnson
Chicago Al is offline  
Old 02-28-14, 09:30 AM   #9
kickstart 
Senior Member
 
kickstart's Avatar
 
Join Date: Feb 2014
Location: Kent Wa.
Bikes: 2005 Gazelle Golfo, 1935 Raleigh Sport, 1970 Robin Hood sport, 1974 Schwinn Continental, 1984 Ross MTB/porteur, 2013 Flying Piegon path racer, 2014 Gazelle Toer Populair T8
Posts: 4,722
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 9 Post(s)
Quote:
Originally Posted by JoeyBike View Post


Did any of you notice that the orange cone and orange paint on the concrete divider were added AFTER the guy got hurt?

I think he might have a case. I hit one of those things once in an empty parking lot during a rain storm. I was so focused on looking up ahead for my opening (driveway) between two buildings that my peripheral vision didn't alert my brain something was on the ground the exact same color as the concrete below it. Worse than that, I crossed that same place 1000 times before and just forgot about the dividers. Had they been painted "highway yellow" I would have a better chance of noticing them. BTW...my eyeglasses were spotted with raindrops too.

So my vision was impaired and I wasn't looking at the road, I was looking at the horizon. I got pretty banged up. I never thought of suing anybody but I wished there was a law requiring those things to be painted along with the parking space stripes. I have seen many cars drive right over those things too by accident when they don't paint them bright colors.

Citybike put that thing in a stupid place that looks like a "walkway" and camouflaged it. I say the victim gets some compensation. He got trapped.
Yet your comfortable with running red lights at speed? There's lots of black and grey cars out there.......just saying.
kickstart is offline  
Old 02-28-14, 10:37 AM   #10
Looigi
Senior Member
 
Looigi's Avatar
 
Join Date: Dec 2010
Bikes:
Posts: 8,951
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 6 Post(s)
Quote:
Originally Posted by JoeyBike View Post
... I hit one of those things once in an empty parking lot during a rain storm. I was so focused on looking up ahead for my opening (driveway) between two buildings that my peripheral vision didn't alert my brain something was on the ground the exact same color as the concrete below it. Worse than that, I crossed that same place 1000 times before and just forgot about the dividers. ..
Sounds like you should be suing yourself.
Looigi is offline  
Old 02-28-14, 11:10 AM   #11
John Forester
Senior Member
 
Join Date: Mar 2007
Bikes:
Posts: 4,071
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by Tpcorr View Post
http://www.nydailynews.com/new-york/...icle-1.1704829

Only a matter of time, and not too much time at that! If he couldn't see that barrier before it was painted orange, he should also have his eyesight checked.

Tom
I know of other crashes caused when cyclists ran over unexpected and unpainted vehicle stop bars in similar situations, as in parking lots.
John Forester is offline  
Old 02-28-14, 01:05 PM   #12
genec
genec
 
genec's Avatar
 
Join Date: Sep 2004
Location: West Coast
Bikes: custom built, sannino, beachbike, giant trance x2
Posts: 24,790
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 478 Post(s)
Crap, I once ran into a cable strung across a parking lot entrance... If I knew I could get 15 million for that, I might have told someone.
genec is offline  
Old 02-28-14, 01:09 PM   #13
spivonious
Senior Member
 
Join Date: Aug 2012
Location: Lancaster, PA, USA
Bikes: 2012 Trek Allant, 2016 Bianchi Volpe Disc
Posts: 1,857
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Reminds me of this: http://fox40.com/2013/03/05/horrific...etic-director/
spivonious is offline  
Old 02-28-14, 01:16 PM   #14
cafzali
Senior Member
 
Join Date: May 2012
Location: Rockland County, NY
Bikes: Giant TCR SL3 and Trek 1.5
Posts: 1,283
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by thatcycleguy View Post
The bottom feeding attorney that took this case should have his license revoked. This is a prime example of why our legal system is so jacked up.
I hear ya, but many work on contingency, so all he'll likely get is expenses covered by the plaintiff.
cafzali is offline  
Old 02-28-14, 01:23 PM   #15
RPK79
Senior Member
 
RPK79's Avatar
 
Join Date: May 2013
Location: SE MN
Bikes: Fuji Roubaix Pro & Fuji Track Classic
Posts: 8,276
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 545 Post(s)
I wonder if there is even a test or way to prove/disprove loss of taste and smell. It really sounds like an easy claim to make in order to increase your damages in a case.
RPK79 is offline  
Old 02-28-14, 02:15 PM   #16
spivonious
Senior Member
 
Join Date: Aug 2012
Location: Lancaster, PA, USA
Bikes: 2012 Trek Allant, 2016 Bianchi Volpe Disc
Posts: 1,857
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
This guy got a ticket for looking at his phone while stuck in traffic? CHP must need the money.

Yes, the law needs to be revised to include non-talking functions of handheld devices, but perhaps a "while the vehicle is in motion" clause should be added as well.
spivonious is offline  
Old 02-28-14, 02:20 PM   #17
RPK79
Senior Member
 
RPK79's Avatar
 
Join Date: May 2013
Location: SE MN
Bikes: Fuji Roubaix Pro & Fuji Track Classic
Posts: 8,276
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 545 Post(s)
Quote:
Originally Posted by spivonious View Post
This guy got a ticket for looking at his phone while stuck in traffic? CHP must need the money.

Yes, the law needs to be revised to include non-talking functions of handheld devices, but perhaps a "while the vehicle is in motion" clause should be added as well.
Wrong thread, but in the correct thread that would have been a good point.
RPK79 is offline  
Old 02-28-14, 02:52 PM   #18
02Giant 
Home School Valedictorian
 
02Giant's Avatar
 
Join Date: Jan 2011
Location: Iowa
Bikes: 13 Orbea Orca Bronze 02 Giant Cypress 88 Mongoose ATB
Posts: 1,396
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 51 Post(s)
Attempting to ensure his retirement is cushy...
__________________
We've got no fear, no doubt, all in balls out
02Giant is offline  
Old 02-28-14, 03:32 PM   #19
CrankyOne
Senior Member
 
CrankyOne's Avatar
 
Join Date: Oct 2009
Bikes:
Posts: 1,898
Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 51 Post(s)
Putting that curb there was really stupid. There are numerous alternatives that would have been much safer, like replacing some of those plastic bollards with steel or cement bollards or making curbs with sloped sides so that at least someone on a bike would be more likely to go over it rather then go over their handlebars. Or they could put a couple of bollards on top of it to make it more obvious 'don't go here'.

Interestingly, they say it's to keep cars from backing in to the kiosk. Apparently it's OK for a car to back in to a pedestrian standing in the crosswalk, but not in to a citibike kiosk.

And, yes, people are expected to ride there. When I pull bikes out I often get on right there, look for cars coming, and then ride out. The same thing that just about every other citibike user does. I've almost hit those things myself.

I'm not a big fan of idiot-proofing the world we live in, but putting something like that where someone can reasonably be expected to ride raises the question of needing to idiot-proof the hiring process in NYC.
CrankyOne is offline  
Old 02-28-14, 03:44 PM   #20
rumrunn6
Senior Member
 
rumrunn6's Avatar
 
Join Date: Jul 2008
Location: 25 miles northwest of Boston
Bikes: Bottecchia Sprint
Posts: 14,275
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 162 Post(s)
good for him. I love NY shyster lawyers. I hired one to get me off a crazy speeding ticket on 95 and it worked!
rumrunn6 is offline  
Old 02-28-14, 05:08 PM   #21
FBinNY 
Senior Member
 
Join Date: Apr 2009
Location: New Rochelle, NY
Bikes: too many bikes from 1967 10s (5x2)Frejus to a Sumitomo Ti/Chorus aluminum 10s (10x2), plus one non-susp mtn bike I use as my commuter
Posts: 30,020
Mentioned: 11 Post(s)
Tagged: 0 Thread(s)
Quoted: 397 Post(s)
Forgetting for the moment that the asked for damages are outrageous, and not saying the plaintiff has a cause of action since he should be alert,

BUT

It is kind of dumb to place an unmarked obstruction of this kind at what appears to be the entrance to the docking area. If I were a juror, I wouldn't award a cent, however good sense says the city should remove the curbs or mark them with a sign saying "STOP, Dismount and Walk bike into docking area".
__________________
FB
Chain-L site

An ounce of diagnosis is worth a pound of cure.

“Never argue with an idiot. He will only bring you down to his level and beat you with experience.”, George Carlin

“One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN

WARNING, I'm from New York. Thin skinned people should maintain safe distance.
FBinNY is offline  
Old 02-28-14, 05:40 PM   #22
CB HI
Cycle Year Round
 
CB HI's Avatar
 
Join Date: Mar 2005
Location: Honolulu, HI
Bikes:
Posts: 12,066
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 262 Post(s)
So Smiley admits Ronald Corwin was riding around unwary.

Quote:
“It constituted a trap for the unwary.”
Plus, how did he get to the bicycle? Repel from a helicopter or did he have to walk right by the tire block?

The tire block was grey and the road is black. Seems he needs to have his vision checked. I hope he does not have a drivers license with that vision.

I hope Citibike counter sues Smiley for damages to the bicycle.
__________________
Land of the Free, Because of the Brave.

Last edited by CB HI; 02-28-14 at 05:54 PM.
CB HI is offline  
Old 02-28-14, 08:21 PM   #23
rumrunn6
Senior Member
 
rumrunn6's Avatar
 
Join Date: Jul 2008
Location: 25 miles northwest of Boston
Bikes: Bottecchia Sprint
Posts: 14,275
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 162 Post(s)
OSHA has to get involved
rumrunn6 is offline  
Old 02-28-14, 08:25 PM   #24
Matariki
Not quite there yet
 
Matariki's Avatar
 
Join Date: Feb 2013
Location: Monkey Bottom, NC
Bikes: A bunch of old steel bikes + an ICE trike
Posts: 1,001
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Where I work, we get quite a few reports of pedestrians injured after tripping over these tire stops, even though some of them in key locations are painted yellow. Essentially all of the incidents boil down to two reasons: distraction or impaired eyesight. Although we could remove them all, the fact is that they are there to prevent vehicles from encroaching on pedestrian access routes. Without these barriers, cars will park anywhere.
Matariki is offline  
Old 02-28-14, 09:47 PM   #25
02Giant 
Home School Valedictorian
 
02Giant's Avatar
 
Join Date: Jan 2011
Location: Iowa
Bikes: 13 Orbea Orca Bronze 02 Giant Cypress 88 Mongoose ATB
Posts: 1,396
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 51 Post(s)
Quote:
Originally Posted by RPK79 View Post
I wonder if there is even a test or way to prove/disprove loss of taste and smell. It really sounds like an easy claim to make in order to increase your damages in a case.
Have him try some Denatonium Benzoate and see if you get a response.
__________________
We've got no fear, no doubt, all in balls out
02Giant is offline  
Closed Thread


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -6. The time now is 03:14 PM.