Go Back  Bike Forums > Bike Forums > Advocacy & Safety
Reload this Page >

Cyclist suing railroad company for crashing on tracks

Notices
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.

Cyclist suing railroad company for crashing on tracks

Old 05-14-13, 10:26 PM
  #1  
agent pombero
Mmm hm!
Thread Starter
 
agent pombero's Avatar
 
Join Date: Oct 2012
Location: Portland, Oregon
Posts: 1,164
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Cyclist suing railroad company for crashing on tracks

Bike lawsuit seeks up to $10,000 for crash along Springwater Trail in Southeast Portland

Damage to Jacobs' custom Erickson bike cost $4,149.54 with another $631.05 to travel three times between Portland and Seattle for repairs, the suit says. Jacobs also had $110 in medical expenses.
agent pombero is offline  
Old 05-14-13, 10:51 PM
  #2  
kite991
Senior Member
 
kite991's Avatar
 
Join Date: May 2012
Location: Newark, CA/Sacramento, CA
Posts: 149

Bikes: Leader 725, Kilo tt

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
THATS ONE EXPENSIVE BILL. 4K+ for the bike and around 650 to travel between 2 places for repairs. Clicking on the article and seeing the picture; that's one nasty crack to get caught in, I've been caught in plenty of cracks where I'm at and fallen off, but I'm never going all that fast. I feel that 10k is quite a bit to ask, especially if she could've avoided the crack in the first place, as harsh as I may be, if there was room to go around it she should've gone around it. Being attentive while you bike and knowing what kind of road conditions lie ahead are something that should always be done when biking. If I was in the situation, I definitely wouldn't be trying to get 10k, I'd get enough to cover the repair fees, medical fees, and maybe a little more.
kite991 is offline  
Old 05-14-13, 11:10 PM
  #3  
B. Carfree
Senior Member
 
Join Date: Jan 2010
Location: Eugene, Oregon
Posts: 7,048
Mentioned: 10 Post(s)
Tagged: 0 Thread(s)
Quoted: 509 Post(s)
Likes: 0
Liked 8 Times in 8 Posts
Oh great. A cyclist doesn't know how to ride, manages to crash herself and then tries to collect from the railroad company, effectively undoing dozens of years of work by cycling advocates who have been working with the railroads to improve access for cyclists. If she is so blind that she can't see the joint, many of which are wide enough to grab a road wheel, then however does she manage to ride on the road?
B. Carfree is offline  
Old 05-14-13, 11:17 PM
  #4  
CB HI
Cycle Year Round
 
CB HI's Avatar
 
Join Date: Mar 2005
Location: Honolulu, HI
Posts: 13,643
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 1314 Post(s)
Liked 91 Times in 58 Posts
So the railroad guy thinks he can refuse access for a track crossing, claims he fixed the danger within 24 hours but a photo is taken likely well after that, and claims to have offered a settlement that no one else knows about.

Sounds like the cyclist and railroad guy deserve each other.
__________________
Land of the Free, Because of the Brave.
CB HI is offline  
Old 05-15-13, 01:43 AM
  #5  
Chris516
24-Speed Machine
 
Chris516's Avatar
 
Join Date: Jul 2004
Location: Wash. Grove, MD
Posts: 6,058

Bikes: 2003 Specialized Allez 24-Speed Road Bike

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
I just hope the cyclist recovered from their injuries.
Chris516 is offline  
Old 05-15-13, 07:09 AM
  #6  
DX-MAN
Banned
 
Join Date: Jun 2009
Posts: 4,788
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 2 Times in 2 Posts
Personal responsibility -- unless in the middle of a crowd of cyclists, it's the rider's JOB to miss cracks like that one. In a crowd, it could go unseen, but otherwise, no.

Sure glad *I* don't have (or need) a custom bike that costs $4K to REPAIR!!
DX-MAN is offline  
Old 05-15-13, 07:39 AM
  #7  
rydabent
Senior Member
 
rydabent's Avatar
 
Join Date: Apr 2010
Location: Lincoln Ne
Posts: 9,025

Bikes: RANS Stratus TerraTrike Tour II

Mentioned: 26 Post(s)
Tagged: 0 Thread(s)
Quoted: 2392 Post(s)
Liked 688 Times in 412 Posts
As law suits go these days, IMHO not being a lawyer, it seems to me she had a valid claim. I hope she wins.
rydabent is offline  
Old 05-15-13, 07:46 AM
  #8  
TampaRaleigh
Senior Member
 
TampaRaleigh's Avatar
 
Join Date: Oct 2012
Location: Tampa, FL
Posts: 1,941

Bikes: 1986 Raleigh Competition (Restored to Original), 1986 Cannonade SR400 (Updated to Dura Ace 7800)

Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 1 Time in 1 Post
What are the laws in Portland regarding cyclists on the sidewalk? I'd say that SHOULD have a major impact on the outcome.
TampaRaleigh is offline  
Old 05-15-13, 07:47 AM
  #9  
bikemig 
Senior Member
 
bikemig's Avatar
 
Join Date: Apr 2012
Location: Middle Earth (aka IA)
Posts: 18,700

Bikes: A bunch of old bikes and a few new ones

Mentioned: 161 Post(s)
Tagged: 0 Thread(s)
Quoted: 5192 Post(s)
Liked 1,794 Times in 1,171 Posts
That is one incompetent cyclist. She shouldn't have been on the sidewalk and once on it, she needs to look out where she is riding. This is a bad gap in the sidewalk but you cannot prevent people from doing really stupid things like riding a bike into a hole in the ground.
bikemig is offline  
Old 05-15-13, 08:09 AM
  #10  
10 Wheels
Galveston County Texas
 
10 Wheels's Avatar
 
Join Date: Nov 2007
Location: In The Wind
Posts: 31,938

Bikes: 2010 Catrike Expedition, 02 GTO, 2011 Magnum

Mentioned: 16 Post(s)
Tagged: 0 Thread(s)
Quoted: 1019 Post(s)
Liked 522 Times in 264 Posts
Look's good compared to our track crossings:



Attached Images
File Type: jpg
F-85 First Ride 056.jpg (100.4 KB, 56 views)
File Type: jpg
F-85 First Ride 058.jpg (105.9 KB, 63 views)
__________________
Fred "The Real Fred"

10 Wheels is offline  
Old 05-15-13, 08:37 AM
  #11  
ItsJustMe
Seior Member
 
ItsJustMe's Avatar
 
Join Date: Sep 2005
Location: Michigan
Posts: 13,749

Bikes: Windsor Fens, Giant Seek 0 (2014, Alfine 8 + discs)

Mentioned: 13 Post(s)
Tagged: 0 Thread(s)
Quoted: 446 Post(s)
Likes: 0
Liked 8 Times in 7 Posts
Honestly, anyone who crashes on railroad tracks is probably an idiot. Those things are wheel snatchers and you should EXPECT trouble and watch out for it. I cross a few tracks on my route and I'm at the peak of awareness when crossing them, carefully picking the route over them to cross as perpendicular to the tracks as possible and avoiding problem spots which inevitably occur when you disrupt the road surface like that.
__________________
Work: the 8 hours that separates bike rides.
ItsJustMe is offline  
Old 05-15-13, 10:37 AM
  #12  
CommuteCommando
Senior Member
 
CommuteCommando's Avatar
 
Join Date: Jul 2008
Location: Southern CaliFORNIA.
Posts: 3,078

Bikes: KHS Alite 500, Trek 7.2 FX , Masi Partenza, Masi Fixed Special, Masi Cran Criterium

Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 27 Post(s)
Liked 19 Times in 11 Posts
Well, its not like suing McDs for 3 megabucks over spilled coffee* I suspect this woman was not a chronic sidewalk cruiser. I am not either, but sometimes sidewalks are necessary transitions from bike trails. Also, looking at the photo, that was a legitimate maintenance issue at that crossing. Should the woman have been paying better attention? Sure, but her case will have the benefit of (hopefully) having that thing fixed so that some drunk on a Wally doesnt hit it and cost society more when his uninsured carcass is hauled to the emergency room. This is the purpose of the litigation system, when it works. (BTW McD's coffee is now served at the proper temperature, and in cups that have lids that fit very well)

*(I looked up the whole McD thing, and it turns out that the woman had not sued for three megabucks initially, but rather sued for medical expenses only, and that only after the crew at that particular outlet refused to supply her with ice water that would have lessened the damage. The jury increased the damages in response to McDs attempt to vilify the woman. After all was said and done, and after an unpublicized and successful appeal by McD, the woman wound up with having her medical expenses paid plus a small pittance out of the punitive damages. The lawyers (hers and McDs) got the rest, and McD got the kind of free publicity, where they were portrayed as the victim, that was worth far more than the case cost them)
CommuteCommando is offline  
Old 05-15-13, 10:44 AM
  #13  
Keith99
Senior Member
 
Keith99's Avatar
 
Join Date: Apr 2005
Posts: 5,866
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Reactions like Jacobs' make him sorry he agreed to allow right-of-way along the Springwater Corridor, he said.
One more bike path to soon be history.
Keith99 is offline  
Old 05-15-13, 10:50 AM
  #14  
badrad
Senior Member
 
badrad's Avatar
 
Join Date: Jan 2010
Posts: 433
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 5 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by B. Carfree View Post
Oh great. A cyclist doesn't know how to ride, manages to crash herself and then tries to collect from the railroad company, effectively undoing dozens of years of work by cycling advocates who have been working with the railroads to improve access for cyclists. If she is so blind that she can't see the joint, many of which are wide enough to grab a road wheel, then however does she manage to ride on the road?
maybe she missed the training video - "avoid the ruts in the road". same common sense like watching out for sewer grates that are wider than your tires. (of course unless they were submerged due to flooding).
badrad is offline  
Old 05-15-13, 11:07 AM
  #15  
squirtdad
Senior Member
 
squirtdad's Avatar
 
Join Date: Jul 2006
Location: San Jose (Willow Glen) Ca
Posts: 7,597

Bikes: 85 team Miyata (modern 5800 105) , '84 Team Miyata,(dura ace old school) '82 nishiski,

Mentioned: 72 Post(s)
Tagged: 0 Thread(s)
Quoted: 1378 Post(s)
Liked 682 Times in 470 Posts
The story states " went on the sidewalk to avoid a lineup of traffic from Oaks Amusement Park. She was wearing a helmet and no one was walking at the time on the sidewalk, he said." So this was avoidable by the cyclist by staying on the road. Most likely germane, but who knows with suits.
__________________
Life is too short not to ride the best bike you have, as much as you can
squirtdad is offline  
Old 05-15-13, 11:17 AM
  #16  
I-Like-To-Bike
Been Around Awhile
 
I-Like-To-Bike's Avatar
 
Join Date: Oct 2004
Location: Burlington Iowa
Posts: 28,482

Bikes: Vaterland and Ragazzi

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 11 Post(s)
Liked 530 Times in 339 Posts
Originally Posted by squirtdad View Post
Most likely germane, but who knows with suits.
The A&S (Legal Beagle) Shadows know!
I-Like-To-Bike is offline  
Old 05-15-13, 11:18 AM
  #17  
Tober1
weights are heavy
 
Tober1's Avatar
 
Join Date: Feb 2009
Location: Toronto, Ontario
Posts: 216

Bikes: CAAD9 5 (09)

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by B. Carfree View Post
Oh great. A cyclist doesn't know how to ride, manages to crash herself and then tries to collect from the railroad company, effectively undoing dozens of years of work by cycling advocates who have been working with the railroads to improve access for cyclists. If she is so blind that she can't see the joint, many of which are wide enough to grab a road wheel, then however does she manage to ride on the road?
Totally this.
Tober1 is offline  
Old 05-15-13, 12:22 PM
  #18  
alhedges
Senior Member
 
alhedges's Avatar
 
Join Date: Mar 2008
Location: Naptown
Posts: 1,133

Bikes: NWT 24sp DD; Brompton M6R

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 2 Times in 1 Post
Leaving aside the liability issue, how can you cause $4000 worth of damage to your bike just by crashing on the sidewalk (yet have only $110 in medical bills)?
alhedges is offline  
Old 05-15-13, 12:44 PM
  #19  
bikemig 
Senior Member
 
bikemig's Avatar
 
Join Date: Apr 2012
Location: Middle Earth (aka IA)
Posts: 18,700

Bikes: A bunch of old bikes and a few new ones

Mentioned: 161 Post(s)
Tagged: 0 Thread(s)
Quoted: 5192 Post(s)
Liked 1,794 Times in 1,171 Posts
Originally Posted by alhedges View Post
Leaving aside the liability issue, how can you cause $4000 worth of damage to your bike just by crashing on the sidewalk (yet have only $110 in medical bills)?
An overly helpful bike shop . . .
bikemig is offline  
Old 05-15-13, 12:59 PM
  #20  
njkayaker
Senior Member
 
Join Date: Sep 2007
Posts: 12,346
Mentioned: 25 Post(s)
Tagged: 0 Thread(s)
Quoted: 2731 Post(s)
Liked 477 Times in 327 Posts
Originally Posted by CB HI View Post
So the railroad guy thinks he can refuse access for a track crossing, claims he fixed the danger within 24 hours but a photo is taken likely well after that, and claims to have offered a settlement that no one else knows about.

Sounds like the cyclist and railroad guy deserve each other.
You are guessing here.

It looks like it was filled on August 2011.

https://maps.google.com/maps?q=South...78.84,,0,10.69

What are the laws about riding on sidewalks there?

Last edited by njkayaker; 05-15-13 at 01:05 PM.
njkayaker is offline  
Old 05-15-13, 01:04 PM
  #21  
Camilo
Senior Member
 
Join Date: Apr 2007
Posts: 5,018
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 416 Post(s)
Liked 207 Times in 138 Posts
Originally Posted by ItsJustMe View Post
Honestly, anyone who crashes on railroad tracks is probably an idiot. Those things are wheel snatchers and you should EXPECT trouble and watch out for it. I cross a few tracks on my route and I'm at the peak of awareness when crossing them, carefully picking the route over them to cross as perpendicular to the tracks as possible and avoiding problem spots which inevitably occur when you disrupt the road surface like that.
Nah, either inexperienced or $hit-poor maintenance of the tracks.

My wife crashed on a rr crossing a few years ago. Inexperienced? Yes, but she did know that rr tracks are tricky and has crossed a few. This particular track, because of extremely poor care and maintenance was, essentially, a bike trap. The tracks themselves stood proud of the road surface by at least 1/2+ inch. This caused the crash. My wife broke her arm. We never gave one moment of thought to a lawsuit. The RR was contacted though about the unsafe condition of their tracks. They didn't admit any fault, but interestingly, the crossing was repaired within 2 weeks so that the asphalt and the track were essentially at the same level.

So it's not accurate to make that idiot statement. Don't call anyone who is not as experienced as you an idiot - call them inexperienced and warn them.
Camilo is offline  
Old 05-15-13, 02:10 PM
  #22  
spare_wheel
Registered User
 
Join Date: Jan 2011
Location: NA
Posts: 4,267

Bikes: NA

Mentioned: 1 Post(s)
Tagged: 0 Thread(s)
Quoted: 9 Post(s)
Likes: 0
Liked 4 Times in 4 Posts
Originally Posted by njkayaker View Post
What are the laws about riding on sidewalks there?
legal (except for a small designated area downtown).
spare_wheel is offline  
Old 05-15-13, 07:28 PM
  #23  
ItsJustMe
Seior Member
 
ItsJustMe's Avatar
 
Join Date: Sep 2005
Location: Michigan
Posts: 13,749

Bikes: Windsor Fens, Giant Seek 0 (2014, Alfine 8 + discs)

Mentioned: 13 Post(s)
Tagged: 0 Thread(s)
Quoted: 446 Post(s)
Likes: 0
Liked 8 Times in 7 Posts
Originally Posted by Camilo View Post
So it's not accurate to make that idiot statement. Don't call anyone who is not as experienced as you an idiot - call them inexperienced and warn them.
I admit that's true, but I would guess that someone who had a bike that could have > $4000 in damage is probably not inexperienced.
__________________
Work: the 8 hours that separates bike rides.
ItsJustMe is offline  
Old 05-15-13, 08:08 PM
  #24  
350htrr
Senior Member
 
Join Date: Jul 2012
Location: Canada, PG BC
Posts: 3,840

Bikes: 27 speed ORYX with over 39,000Kms on it and another 14,000KMs with a BionX E-Assist on it

Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 1014 Post(s)
Liked 47 Times in 40 Posts
If I was on the jury , I would say are you kidding me? It's a F'ing railroad crossing... You should expect "difficult" terrain, even on/at a paved road....
350htrr is offline  
Old 05-15-13, 10:36 PM
  #25  
Camilo
Senior Member
 
Join Date: Apr 2007
Posts: 5,018
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 416 Post(s)
Liked 207 Times in 138 Posts
Originally Posted by ItsJustMe View Post
I admit that's true, but I would guess that someone who had a bike that could have > $4000 in damage is probably not inexperienced.
Probably so - I wasn't making any comment on the original topic having not read the story. But someone riding a high end bike should have a little more savvy than my wife on her hybrid!
Camilo is offline  

Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.