The Chainlink

Cyclist sues city for falling off bike

I just came across this story on the Tribune. As much as I can't stand frivolous lawsuits of the I'm an idiot and I fell so now I need to blame someone else type, I actually kind of hope he wins. Only because the judge may force the city to make bridges safer. 

Realistically I don't think this suit stands a chance. 

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Permalink Reply by Liz on March 22, 2012 at 9:02am

Cyclists should not be limited to riding on a specific size tire. While my commuting bike has 28cm tires, my road bike has 23s, I should have to change where I cross the river or walk my bike accross when it is the city's responsibility to eliminate road hazards to the intended users.  Many of these locations are on bike routes marked on the city bicycle map.  It is very clear that cyclists are intended users.

James BlackHeron said:

While I personally dislike Kathy plates and have zero problem with a well-maintained metal lattice roadway on a bicycle the state of disrepair of many (most) of Chicago's bridges is totally unacceptable.  Holes need to be patched -and not with mini-Kathyplates.   That just makes it worse.  

As long as you are not riding 23-25mm tires a well-maintained metal lattice is not a problem IMHO.  

Holes/gaps are just not acceptable though.

Permalink Reply by Far'arned Retrogrumpalunkus #63 on March 22, 2012 at 9:05am

The limits on the size of tire you should be riding on are determined by the road surface and the laws of physics.

If you insist on riding what is basically a track tire on the mean streets (and bridges) of Chicago you'll pay for it eventually.  

Darwin...

Permalink Reply by Rich S on March 22, 2012 at 9:28am

I rarely ride over the Division Bridge but I plan on calling 311 during my lunch break today. I'm happy to speak up if it will aid fellow riders and even cars in this case. :)  Would it be worthwhile to call the alderman's office?  Would they file the complaint if I don't live in that ward?

I still remember seeing a bike cop corking one of the holes in the bridge on critical mass a couple months ago. 

h' said:

If it was in my part of town, I'd be on a mission to find someone who could get some action on the gaps in the Division bridge.

What have you guys done so far?

Permalink Reply by Rich S on March 22, 2012 at 9:38am

I'm not sure if the LaSalle bridge is in disrepair.  In need of improvement yes but not necessarily in disrepair.  The basis of this lawsuit seems to be that the city failed to make recommended improvements.

Cameron Puetz said:

The precedent for suing the city for damages due to poor road conditions has already been set by drivers suing over pot hole damage. Provided that damages he's seeking are in line with his injury, then this case seems pretty reasonable.

Permalink Reply by Duppie on March 22, 2012 at 9:44am

Steven Vance yesterday posted an article on GridChicago about plans to replace the Division bridge: http://gridchicago.com/2012/a-complete-streets-heads-up-for-divisio...

Rich S said:

I rarely ride over the Division Bridge but I plan on calling 311 during my lunch break today. I'm happy to speak up if it will aid fellow riders and even cars in this case. :)  Would it be worthwhile to call the alderman's office?  Would they file the complaint if I don't live in that ward?

I still remember seeing a bike cop corking one of the holes in the bridge on critical mass a couple months ago. 

h' said:

If it was in my part of town, I'd be on a mission to find someone who could get some action on the gaps in the Division bridge.

What have you guys done so far?

Permalink Reply by Anne Alt on March 22, 2012 at 10:14am

There was emergency work done recently because these bridges were becoming structurally unsound.  It was my understanding that this was intended to be a stopgap until the upcoming project was ready to go.

I never realized how bad these bridges were until taking a couple of kayak trips below them on the river.  The amount of rust deterioration to the structure below the bridge deck was quite alarming.



Cameron Puetz said:

I just read that the Division bridges are slated to be replaced completely, which surprised me since they were so recently rehabed. Seven has more:


http://gridchicago.com/2012/a-complete-streets-heads-up-for-divisio...


Rich S said:

If he does win I think the city will be forced to for 1 of 2 reasons:

1 - the judge may order the city to do so

2 - riders will start falling on purpose and filing their own lawsuits

On a side note, the bridge over the river at Division is horrible! There are gaps in the metal grating large enough for a person to fall through.

Michelle Gregorek said:

As someone who used to bike over that area quite often, I hope he is successful.  Maybe then it will be fixed???

Permalink Reply by Gene Tenner on March 22, 2012 at 10:38am

Does anyone know someone who lives in the Ward where this problem exists? Take a photo(s) of the problem(s) and have them deliver the complaint with photos to the Alderman in that Ward. Better yet, get a couple more Ward residents to do the same. That will get faster results than anything else.

Permalink Reply by Fran Kondorf on March 22, 2012 at 11:45am

 I ride on the sidewalk over most bridges when possible. And I have big, knobby MTB tires.

 There aren't enough hours in the day to record, photograph, and report all of the hazards on the streets here. My sympathies are with anyone that gets injured, but there is definite risk involved while riding in the city.

 Staying alert, maneuverability, and being prepared to stop will go a long way in avoiding collisions.

 

Permalink Reply by h' Zerocats on March 22, 2012 at 11:59am

I know you mean well, Gene, but you've taken something that should at least get a 311 call and a call to the Alderman's office, and at least has some chance of being addressed with that level of investment, and turned it into something so ambitious that nobody's going to bother.

I'm sure plenty of people reading this thread live in that ward, but most Chicago cyclists these days think it's someone else's responsibility to get hazards like this addressed.

Gene Tenner said:

Does anyone know someone who lives in the Ward where this problem exists? Take a photo(s) of the problem(s) and have them deliver the complaint with photos to the Alderman in that Ward. Better yet, get a couple more Ward residents to do the same. That will get faster results than anything else.

Permalink Reply by h' Zerocats on March 22, 2012 at 12:01pm

It's disappointing that a part of the city that's so dense with cyclists should need to rely on someone from outside the ward to take initiative, but if you're willing to call the alderman's office and report back I'd appreciate the effort and the follow-up.

Regarding 311-- anyone can report anything regardless of where they live, but a common problem is that the dispatcher doesn't have a way to enter a problem that's out of the ordinary in a way that will get it channeled properly.  So I'd try a report, but still speak to someone at the alderman's office.

Rich S said:

I rarely ride over the Division Bridge but I plan on calling 311 during my lunch break today. I'm happy to speak up if it will aid fellow riders and even cars in this case. :)  Would it be worthwhile to call the alderman's office?  Would they file the complaint if I don't live in that ward?

I still remember seeing a bike cop corking one of the holes in the bridge on critical mass a couple months ago. 

h' said:

If it was in my part of town, I'd be on a mission to find someone who could get some action on the gaps in the Division bridge.

What have you guys done so far?

Permalink Reply by Mike Fiasco on March 22, 2012 at 1:24pm

Or, the courts could declare it a Boub.

 

http://en.wikipedia.org/wiki/Boub_v._Township_of_Wayne

 

As in "cyclists are permitted but not intended users of the bridges".

Permalink Reply by Michelle Gregorek on March 22, 2012 at 1:44pm

Holy Crap!  I am really enjoying this "conversation" about an important topic, but this ruling is downright scarey!  How about this (from the girl who doesn't live there anymore...lol), let's put funds together and get a sign made alerting riders to the bridge problem.  LaSalle and Division.

Mike Fiasco said:

Or, the courts could declare it a Boub.

 

http://en.wikipedia.org/wiki/Boub_v._Township_of_Wayne

 

As in "cyclists are permitted but not intended users of the bridges".

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