CTA bike rack fail

In April, the CTA caused $500+ worth of damage to my bike when the bike rack failed. The bus driver failed to inspect the rack before pulling out, and the rack let go of my bike about a mile into the trip.

My bike, a 1979 Motobecane with many recent (2012) upgrades was almost run over--I pulled it out from under the passenger door, just in front of the front wheels. The frame was undamaged, but the upgrades (VO fenders, tires, Brooks saddle, Brooks handlebar tape, front and back lights, Zimbale bag) were all either bent, scuffed or destroyed.

Now the CTA is offering me less than a third of of my repair costs, totally ignoring the value the upgrades that they damaged or destroyed. Does a cyclist  have to take the CTA to small claims court in order  to recover damages?

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Permalink Reply by Waymond Smith on July 19, 2017 at 2:53am

I'm surprised that they are offering you that. The CTA states that they are not responsible for bikes placed on the racks.

My bike was jostled off the rack while going down Lake Shore Drive and my bike was underneath the bus. We had to ride for 4 blocks (while dragging my bike) before I was able to crawl beneath the bus in orderto pry it out. The CTA refused to honor my claim stating their policy.

I wish you luck with your claim.

Permalink Reply by Nancy Sreenan on July 19, 2017 at 10:19am

Thank you for your warning. However, I see no explicit "we are not responsible for running over your bike" here:  http://www.transitchicago.com/assets/1/brochures/15sw086_Bike_and_R....

If you are not past the statute of limitations (2 years) maybe you want to revisit that contention of the CTA's, in small claims court.....

Permalink Reply by Jim Reho on July 19, 2017 at 12:37pm

How about this part of the brochure:

• Cyclists assume all responsibility for any damage and/or injury that occurs as a result of their bicycle being on CTA property. This includes injury to the cyclist or other customers. A sudden stop by the transit vehicle does not remove responsibility from the bicycle owner for damages or injuries to other customers or themselves.

It's slightly ambiguous, but the CTA could use it against you.  Your bicycle was aboard CTA property, i.e. the bus, was it not?  On the other hand, this brochure is not a contract and you did not explicitly agree to its terms.  Whatever the merits, I'm sure the CTA would not concede if you sued them.

None of this changes the fact that what happened really stinks.

Permalink Reply by Nancy Sreenan on July 19, 2017 at 2:13pm

OK, good points all--thanks!... However, if the CTA were serious about informing cyclists about the onerous responsibilities and risks they agree to take by using the bike rack--as you say--one would expect said warnings to be prominently posted somewhere, like on the buses' bike racks. Something like "by using these racks, you agree, blah blah blah...."

Permalink Reply by Alex Z on July 19, 2017 at 5:33am

Sorry for the damage and for the headache. :(

This does kind of sound to me like something that's more the result of bad luck than the bus driver's negligence. In your heart of hearts, do you truly fault the bus driver for not inspecting the rack after you put your bike on the rack?

Permalink Reply by V W on July 19, 2017 at 6:53am
It's unclear to me whether she's saying he should have inspected prior to pulling out from the stop or pulling out from the station at the start of his shift. I think the latter might be what she's saying, since it would be impracticable for the driver to do more than a cursory look at the rack (from his seated position) each time a person racks their bike.

In any case I wouldn't ask her "do you truly fault the bus driver" since you're essentially soliciting an admission that could undermine any claim she might have.
Permalink Reply by Nancy Sreenan on July 19, 2017 at 7:22am

VW, you are correct--I meant pulling out of the bus barn before a driver begins his shift. Drivers are expected to ensure specified parts their buses are working properly, and the bike rack is one of those parts.

Permalink Reply by V W on July 19, 2017 at 7:27am
It sounds like you might have to take them to small claims court or see if the city has some kind of general claims process above and beyond going through the CTA department. The CTA having a "we are not responsible" policy isn't going to give them immunity IMO.
Permalink Reply by Alex Z on July 19, 2017 at 10:57am

My misunderstanding; I thought you were saying the driver should've done the inspecting after you attached the bike.

Permalink Reply by Nancy Sreenan on July 19, 2017 at 11:17am

Ehhh, I could see how what I wrote might have been interpreted as you did! Thanks for your feedback.

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