Buried on Trib???

http://my.chicagotribune.com/#section/545/article/p2p-79121910/

Seems a strange place to tack the cycling payout. Or is it just me?

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Permalink Reply by Julie Aberman (Hochstadter) on January 31, 2014 at 2:42pm
Wow. Yes a case precident.
Permalink Reply by Thomas Bruzan on January 31, 2014 at 3:20pm

He wins the lottery for for falling off a tri bike he was clipped in to. Maybe they can fire a couple dozen teachers to cover poor Todds losses.

peter moormann said:

18 bullets I can see needing to shell out $$$.

18 how is that even possible?

But triathlete crashing on a street that is being resurfaced?

Smart must have had a very good lawyer or there were witnesses that saw the pavement attack him.

Permalink Reply by Thomas Bruzan on January 31, 2014 at 3:25pm
Permalink Reply by Eli on February 1, 2014 at 3:22am

Kind of messed up that getting shot and killed by the police in Austin only gets you about twice the amount you get for breaking a shoulder in Lincoln Park.

That said, I hope this will put pressure on the city to consider safety issues in how it does its roadwork. IMO it does a poor job of addressing these issues now.

It was also heartening to read the appellate court's offhanded dismissal of the city's attempt to invoke case law relating to "recreational uses," correctly pointing out that cycling for transportation is not a recreational use.

Permalink Reply by Thomas Bruzan on February 1, 2014 at 3:59am

Maybe you're on to something h'. His case and many other interesting cases can be looked at here- http://www.mybikeadvocate.com/

h' 1.0 said:

If you read this, it's not relevant that he was clipped in as his front wheel lodged in a groove that was just the right size and sent him over the handlebars. 

Thomas Bruzan said:

Permalink Reply by Anne on February 1, 2014 at 6:05am

Not a case precedent in the city or in various suburbs where a road condition created by the municipality or subcontractor is held liable for injuries to a road user. Refresh my memory about the lady who crashed on the metal bridge in the Loop? Twenty years ago on the Lakefront Path a small bridge over the Marquette Dr. Harbor was made up of wooden planks - laid longitudinally to your direction of travel. Yes, perfect 8' long gaps between the boards that would neatly fit any bike tire less than 1.9" across.

Glencoe: subcontractors dug a trench perpendicularly across Green Bay Road 3" deep and did not fill it and did not erect any warning signs/cones or sawhorses. Cyclist hits it at 20mph, end-oes and sustains serious internal injuries. Cyclist wins in court against Village of Glencoe. I know this guy, he's a really good rider and can certainly handle our crappy roads. The Village of Glencoe has a history of not giving a rats ass about road users other than drivers: hence the reason the "ravines" are off-limits to cyclists (substandard roadway poorly maintained, cyclist crashed, Village lost lawsuit, Village closes the road only  to cyclists rather than shore up the roadway)

Peter Moorman: yes you really should consider a lawsuit if the road is not maintained in a safe condition for all road users. See Boub Decision, see countless other cases where the cyclist is expected to "assume responsibility" when the burden of care is set at the level of an automobile.

Permalink Reply by Eric R on February 1, 2014 at 7:42am
Hmmm. My wife flipped over her handlebars after getting her tire caught in the tracks at Elston and Magnolia in 2008, had to get three stitches in her chin (FYI, chins really bleed!). We'd appreciate about $500k per stitch. :) To the courts! Or, she learned the difference between goodangles and badangles and moved on. We went back the following week so she could conquer the tracks.

At least the guy could've sued for medical expenses only OR did he not have insurance and the $1 million is our obnoxious medical system's costs?

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