Old 05-26-11 | 11:42 AM
  #7  
pdlamb
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Joined: Dec 2010
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From: northern Deep South

Bikes: Fuji Touring, Novara Randonee

I think the troubling aspect of the case, as it was decided up through the state supreme court, was the rationale that was used. It was not, "You were stupid, you got hurt, deal with it." The court decided that bicycles are not intended users of the roadway. Based on that, there's no way you'll ever win a court case in Illinois for dangerous road conditions. It's possible some government agency or contractor could put in a longitudinal grate, like the classic wheel-catcher drainage grates of the early 60s, into the middle of a road. Since a bicycle is not an intended user, any harm that comes to you is your own fault. It's the beginning of a slippery slope that could end in a Spike Bike type of situation.
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