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Crashing and liability
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 2011-07-02 12:54 PM |
Master  2404   Redlands, CA |  Subject: Crashing and liabilityToday on my ride I went into a barricade at am luckily okay, but it has raised some questions. I was going at about 22 mph, turned into a blind corner, looked up and saw a 5 foot barracade (shown below) blocking the path. I hit the brakes as hard as I could, and lost control of my bike (I think the rear wheel went up in the air). As I was going off the road and realized that hitting the barricade was the only thing that was going to save a trip to the hospital. Luckily I was able to redirect my bike and hit the barricade at a 90 degree angle shoulder first, breaking the top post of the barrier but preventing my fall. I was able to walk away with nothing but a sore shoulder and a messed up front derailleur and shifters.
After I collected myself, someone came up to me who had the same problem and went off road 30 seconds before I arrived. We talked for a few minutes, and were more or less displeased that the construction company put a barricade on a blind corner with zero warning. A few minutes later one of the workers, who was off duty claims it was moved, and the company is not liable anyway because we were not going a reasonable speed into the corner. I'm not a fan of suing (and won't in this situation), I think it should be avoided at all costs, but hypothetically, is the construction company liable for something like this? Edited by furiousferret 2011-07-02 12:55 PM |
| 2011-07-02 1:07 PM in reply to: #3578271 |
Master 1686   Royersford, PA | Subject: RE: Crashing and liability What was the speed limit? 22 mph is not an unreasonable speed unless there is some sort of sign the speed limit (or a caution sign) say a safe speed is much lower. Setting up a baracade around a blind corner is negledgence on the construction companies part and since there were two accidents in a period of a few minutes the facts support that. Hope you are OK and the bike isn't out of commision for too long. |
| 2011-07-02 1:08 PM in reply to: #3578271 |
| Veteran 303 | Subject: RE: Crashing and liability Um... Not going a reasonable speed on the corner? Do cars travel slower than you were on that road? Reasonable speed my butt. There's something in the litigation world that goes like this: If you make a product, and you could reasonably forsee that something is likely to happen during the use of your product, then, yes, you should expect it and take measures to mitigate the negative effects from it. Like with a child's toy. Putting lead paint on a toy designed for a 18 month old is stupid. You could reasonably forsee that it's going in a child's mouth. So you must take measures to mitigate the negative fallout. I think there's liability. Especially since you weren't likely going faster than cars in the same area.
I'm glad you're okay. Sorry about the bent derailleurs. Edited by firegirlred 2011-07-02 1:09 PM |
| 2011-07-02 1:18 PM in reply to: #3578271 |
Resident Curmudgeon 25290 The Road Back Gold member | Subject: RE: Crashing and liability You say "path," was this a multi-use trail. Is there a posted speed limit? Depending on the type of trail 22 may very be unreasonable. Next question: Liability for what? Did you suffer monetary damages severe enough to pursue in court? |
| 2011-07-02 1:24 PM in reply to: #3578271 |
Champion 5312 Calgary | Subject: RE: Crashing and liability glad you are okay. I think there must be some regulatory offence commited here. Call the traffic cops. |
| 2011-07-02 1:24 PM in reply to: #3578271 |
| Subject: RE: Crashing and liability Generally speaking if you hit a stationary object, you were going faster than conditions warrant, by definition. Blind turn means slow down so you don't, for instance, run into something that's just on the other side. |
| 2011-07-02 1:25 PM in reply to: #3578294 |
Master 2404 Redlands, CA | Subject: RE: Crashing and liability the bear - 2011-07-02 11:18 AM It's a bike path with no posted speed. There are no pedestrians and 2 lanes. You say "path," was this a multi-use trail. Is there a posted speed limit? Depending on the type of trail 22 may very be unreasonable. Next question: Liability for what? Did you suffer monetary damages severe enough to pursue in court? |
| 2011-07-02 1:38 PM in reply to: #3578299 |
| Coastal Carolina | Subject: RE: Crashing and liability BigDH - 2011-07-02 2:24 PM glad you are okay. I think there must be some regulatory offence commited here. Call the traffic cops.
Cops only deal with criminal issues, civil liabilities do not fal under our jurisdiction and a police report is not looked at with any more importance than any other affidavit that the OP could fill out |
| 2011-07-02 1:44 PM in reply to: #3578271 |
| Veteran 303 | Subject: RE: Crashing and liability I thought this was a road that cars traveled. Please ignore my previous post. |
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