General Discussion Triathlon Talk » Big Bike Crash Rss Feed  
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2018-06-14 6:43 PM


44
25
Subject: Big Bike Crash
Freshly installed speed hump on a steep decent here in Austin. No markings on the hump. No signage. Hump extended all the way through the bike lane. I was in the air over my bars before I had a clue what had happened.

Major road rash all down the right side of my body. Big impact was to my right butt cheek and tailbone followed by cracking my helmet in multiple places when my head was whipped to the road surface.

I have filed a claim with the city.

Questions:

1) How soon can I train again? Especially in the water with the road rash? Just play it by ear? My tailbone and back are still quite stiff but today (48 hours later) I could finally sit down and get up with only mild soreness.

2) How do I know if my wheels are okay? My bike frame? It was/is aluminium. I think it is okay. I don't want to find out the hard way that it was weakened by the crash.

3) Anyone else had success seeking to recover damages from a city for egregious speed bump design with no warnings. I have found a lot of literature that indicates this design was not wise, especially given how it wasn't marked with any sort of warnings or signage or anything. Even at close range, walking, it looks like a black asphalt road patch.


2018-06-14 8:02 PM
in reply to: Saul Goodman


1055
10002525
Subject: RE: Big Bike Crash
If you crashed over a speed bump, I'm guessing the posted speed limit on that road is fairly low. . . if you push it with the town, you're liable to get a speeding ticket or a reckless driving ticket. If I was them, that'd be my response to you.

If you're concerned about the bike, take it to your local mechanic and have him check it out.



2018-06-14 8:21 PM
in reply to: #5244670


44
25
Subject: RE: Big Bike Crash
I don't think I am going to get a speeding ticket. I don't think I was speeding. The claims investigator for the city already forwarded my complaint to the division that handles signage and road obstructions.

I am going to drop my bike off at my local bike mechanic's shop.
2018-06-14 9:49 PM
in reply to: #5244674

User image


623
500100
Subject: RE: Big Bike Crash
Hope you recover quickly. If no broken bones then I would play it by ear and listen to your body.

There is a spot where I live like that. It’s on the steepest decline in town. Speed limit is 30 mph but I would guess if you hit going over 15 mph, it would mess you up.
2018-06-14 10:52 PM
in reply to: #5244676


44
25
Subject: RE: Big Bike Crash
Thanks, Parkland!
2018-06-15 10:09 AM
in reply to: Saul Goodman

User image

Pennsylvania
Subject: RE: Big Bike Crash

Sorry about your incident and thank heavens for helmets, I hope you heal quickly.

I'd stay out of the water until the road rash clears up unless you want to cover it completely with Tegaderm.

As you've already done, take your bike to the local bike shop and have them thoroughly check the wheels and frame.

Good luck with your claim, hopefully no other bikers have similar incidents on the speed bump.



2018-06-15 10:31 AM
in reply to: Saul Goodman

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702
500100100
Aledo, Texas
Subject: RE: Big Bike Crash

I'm sorry to hear about what happened, and hope you recover quickly.

As to recovering against the city . . . good luck. Government typically has immunity from liability for such things (but not all). So, don't be surprised if the city tells you tough beans. I'm not saying you can't recover, but your best bet would be to consult a lawyer. I still wouldn't expect much - your damages are probably small (thankfully!), which means most lawyers aren't going to mess with it.

Good luck.

2018-06-15 12:39 PM
in reply to: Saul Goodman

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Veteran
485
100100100100252525
Elmira, ON
Subject: RE: Big Bike Crash
Originally posted by Saul Goodman

Freshly installed speed hump on a steep decent here in Austin. No markings on the hump. No signage. Hump extended all the way through the bike lane. I was in the air over my bars before I had a clue what had happened.

Major road rash all down the right side of my body. Big impact was to my right butt cheek and tailbone followed by cracking my helmet in multiple places when my head was whipped to the road surface.

I have filed a claim with the city.

Questions:

1) How soon can I train again? Especially in the water with the road rash? Just play it by ear? My tailbone and back are still quite stiff but today (48 hours later) I could finally sit down and get up with only mild soreness.

2) How do I know if my wheels are okay? My bike frame? It was/is aluminium. I think it is okay. I don't want to find out the hard way that it was weakened by the crash.

3) Anyone else had success seeking to recover damages from a city for egregious speed bump design with no warnings. I have found a lot of literature that indicates this design was not wise, especially given how it wasn't marked with any sort of warnings or signage or anything. Even at close range, walking, it looks like a black asphalt road patch.


1)You need to disuss this with your physician. Don't take medical advice from us yokals online. In fact, if you are pursuing legal action, documenting all of this is crucial.

2)Take your bike to a reputable mechanic. There is an unlikely..though possible chance that the welds could have partially failed in the impact. But to confirm wheels are true and plumb, and your frame is not damaged...do it the safe way. Also, keep all invoices and a record of your time and any other incidentals to do this work.

3)In Ontario, this rarely makes it to a court room, and is hashed out either with insurance, or resolved with the city beforehand. Its not common..but its not uncommon. Again, a different jurisdiction..but lawyers who specialized in "ambulance chasing" are becoming quite common. I'd ask your barrister about that.

Just a last minute thought. You may want to refrain from discussing this matter here. This information is in a public setting, and open to scrutiny by the city if they find it. Comments like pondering training in 48 hours wouldn't shine a favourable light for your legal action. ie. "How hurt could you actually be getting back at it in 2 days." Ensure you've seen a physician, and that you have significant documentation including photos of you, the injuries, the bike, the location, and any and all incidentals you've incurred as a result. Depending on a number of variables, the city if they believe they are wrong will just settle with you.

Good luck, and I hope you recover soon. Bike spills are never pleasant...
2018-06-15 1:13 PM
in reply to: TheCrownsOwn


44
25
Subject: RE: Big Bike Crash
Originally posted by TheCrownsOwn

Originally posted by Saul Goodman

Freshly installed speed hump on a steep decent here in Austin. No markings on the hump. No signage. Hump extended all the way through the bike lane. I was in the air over my bars before I had a clue what had happened.

Major road rash all down the right side of my body. Big impact was to my right butt cheek and tailbone followed by cracking my helmet in multiple places when my head was whipped to the road surface.

I have filed a claim with the city.

Questions:

1) How soon can I train again? Especially in the water with the road rash? Just play it by ear? My tailbone and back are still quite stiff but today (48 hours later) I could finally sit down and get up with only mild soreness.

2) How do I know if my wheels are okay? My bike frame? It was/is aluminium. I think it is okay. I don't want to find out the hard way that it was weakened by the crash.

3) Anyone else had success seeking to recover damages from a city for egregious speed bump design with no warnings. I have found a lot of literature that indicates this design was not wise, especially given how it wasn't marked with any sort of warnings or signage or anything. Even at close range, walking, it looks like a black asphalt road patch.


1)You need to disuss this with your physician. Don't take medical advice from us yokals online. In fact, if you are pursuing legal action, documenting all of this is crucial.

2)Take your bike to a reputable mechanic. There is an unlikely..though possible chance that the welds could have partially failed in the impact. But to confirm wheels are true and plumb, and your frame is not damaged...do it the safe way. Also, keep all invoices and a record of your time and any other incidentals to do this work.

3)In Ontario, this rarely makes it to a court room, and is hashed out either with insurance, or resolved with the city beforehand. Its not common..but its not uncommon. Again, a different jurisdiction..but lawyers who specialized in "ambulance chasing" are becoming quite common. I'd ask your barrister about that.

Just a last minute thought. You may want to refrain from discussing this matter here. This information is in a public setting, and open to scrutiny by the city if they find it. Comments like pondering training in 48 hours wouldn't shine a favourable light for your legal action. ie. "How hurt could you actually be getting back at it in 2 days." Ensure you've seen a physician, and that you have significant documentation including photos of you, the injuries, the bike, the location, and any and all incidentals you've incurred as a result. Depending on a number of variables, the city if they believe they are wrong will just settle with you.

Good luck, and I hope you recover soon. Bike spills are never pleasant...


Thank you. I don't mind it being public, either, as I'm really not trying to get a big windfall from this. My chief objective is to get the city to clearly mark the hazard for the safety of other cyclists. Aside from that, I want recovery of my explicit costs - e.g. medical materials to dress my wounds (really expensive crap), damage to bike, other medical expenses as needed..

Unless a doctor tells me I have to stop training for a while, I'm not going to sacrifice my training or a life goal like this (my first 70.3 in September) in order to shoot for a richer settlement. If I can't do the event, i will ask to be reimbursed from my registration.

I found the City's own published guidelines for speed deterrence structures and there are so many clearly disregarded guidelines that I will be pretty surprised if the city doesn't admit fault and settle amicably. I'm not asking for anything unreasonable at all. The guidelines clearly state that speedbumps are not even allowed ANYWHERE - only speed tables (much flatter on top of the hump). So even if the thing was marked or there was signage, it would still be out of bounds.

The place where this occurs is a street descending towards one of Austin's most prominent roadways. There are lots of other similar descents to the same highway by other perpendicular roads. I drove a few of them today just to see what was in place. All of the speed reduction mechanisms were well-marked, speed tables, or even traffic circles. Plenty of signage.

It's egregious enough that it even made me wonder if some business or office developer in the immediate area went rogue and just installed the speed bump without even telling the city. If that ends up being the case, I will definitely lawyer up.

BTW, I'm just chuckling at my user name given this topic of discussion. I'm looking a lot like Slippin' Jimmy, LOL!

But I'm definitely not!
2018-06-25 12:21 AM
in reply to: #5244677


44
25
Subject: RE: Big Bike Crash
As suspected, the City did not install the speed bumps. It was an association of local commercial real estate owners. The City thankfully scraped the speed bumps and intends to fine the association for the illegal installation.

The guy from the city's legal office said he'd never seen anything like this where a group just decided to do that to public streets without any authorization or even an application.

My likelihood of recovering my costs just got a nice shot in the arm, I think.
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