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Injured on City property. Need advice. by Boostdreamer
Started on: 10-09-2012 12:14 PM
Replies: 64
Last post by: Boostdreamer on 10-12-2012 06:12 PM
Boostdreamer
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Report this Post10-09-2012 12:14 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
If you have been following my build thread or have seen my motorcycle for sale in the mall, you know I recently broke my collar bone.



This happened on a City built and maintained bike/walk trail here in Kingsport.



The signs clearly show that the path is open until dark and bikes are welcome.



Here is what I hit. This pic was taken at 12 noon on a sunny day. You can see that it is painted dark green and blends in very easily with the surroundings. They have put a white plastic cap on the top of the post. Perhaps an admission that it is hard to see.





The path is about 9 miles long and my wife and I ride it often. Usually at least once a week. On this particular evening we started at approximately 6pm and planned to ride the full length of the path and back. We expected the ride to take about an hour. We had made our ride and were about five minutes away from our parked car. It was getting close to 7pm. I'd say about ten til. It wasn't dark yet but it had gotten darker from the time we started. There were still plenty of other people on the trail and in the park.

Tammy was leading the ride and we had just gone about 17 miles so we were getting tired. We were not racing or going too fast for conditions. Posts like the one shown in the pic are scattered along the path. They are there to stop cars from entering the path. You can see that this odd-ball one is just sitting there for no apparent reason. We had just crossed a car entrance to the park about 20 yards earlier. Posts were present on both sides of the path. They were expected and easily seen and avoided by both of us. As we were approaching this particular post, I couldn't see it because Tammy was in front. She was leading by about 20 feet so I wasn't tailgating her. Just past this post is a turn to the left. That's were my attention went since I wanted to know what was ahead and if we needed to slow for walkers.

The dark color of the post hid it from me until it was too late. I pretty much hit it and saw it at the same time. There wasn't even time to brake or try to steer away from it. I hit it as square as humanly possible! It really was a perfect hit. I went over the top and landed on the ground. That's all I know. I instantly knew that I had a problem around my left shoulder and told Tammy that I had broken my collar bone. I couldn't move or get up. Blood started oozing out of my head forming a pool on the pavement. That triggered Tammy to call 911 for an ambulance. They came and got me and took me to the ER. I got x-rays and pain meds. I was referred to an orthopedic doctor who took more x-rays and determined that I needed surgery. The surgery took place 9 days after my wreck. Now I'm recovering. The doctor said he couldn't save all the nerves so I'll have some permanent numbness in my chest-shoulder area. He also had to put a metal plate in to hold all three pieces of my bone together.

Tammy called the City to see if they had liability insurance for things like this. They do. The investigator is supposed to come to our house on Monday the 15th to interview us and have us sign to release my medical records.

What do you think about my case? What should I ask for? What should I refuse to do? Any advice would be appreciated.

Thanks,


------------------
Jonathan
23K mile '85 notchie - Still under construction
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[This message has been edited by Boostdreamer (edited 10-09-2012).]

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Report this Post10-09-2012 12:20 PM Click Here to See the Profile for 87antuzziSend a Private Message to 87antuzziDirect Link to This Post
A headlight for you bike so you dont run into poles anymore.
Edit: Did they do orthoscopic on you collarbone? Looks like mine is going to need a plate....

[This message has been edited by 87antuzzi (edited 10-09-2012).]

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Report this Post10-09-2012 12:22 PM Click Here to See the Profile for Red88FFSend a Private Message to Red88FFDirect Link to This Post
No helmet? I used to have a light on my bike for riding at night, that way I could see things and I could be seen. Here it is the law. No offence but I think you are totally at fault, have no case and pursuing one might get the trail closed for all the other bikers.
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Report this Post10-09-2012 12:27 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
There is no city law or trail rule for adults to wear helmets. I'm not worried about my head. It was just a scratch. Also, a helmet wouldn't have saved my shoulder.

My bike has front and rear lights and they were on at the time. Thanks for reminding me about that point.

Jonathan
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Report this Post10-09-2012 12:28 PM Click Here to See the Profile for Red88FFSend a Private Message to Red88FFDirect Link to This Post
Oh, I forgot to mention that I am very sorry you were injured. Sounds very painful, I hope you have a speedy recovery.
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Report this Post10-09-2012 12:36 PM Click Here to See the Profile for ShananigansSend a Private Message to ShananigansDirect Link to This Post
The city might just cover your damages,it happened on their property. I didn't see any signs that said ride at your own risk or be aware of poles in the middle of the sidewalk. Perhaps they should have had a yellow warning light on the pole. The pole being in the middle of the sidewalk just doesn't seem right knowing that people will be riding at night or at dusk. It is my opinion that it was only a matter of time before something like this happened,sorry you were the one that it happened to.
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Report this Post10-09-2012 12:38 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
I don't know what kind of surgery was performed. Here's my scar:



Jonathan
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Report this Post10-09-2012 12:43 PM Click Here to See the Profile for PatrickSend a Private Message to PatrickDirect Link to This Post

Why the hell would they have the posts in the middle of the bike path painted dark green? That's just asking for trouble.

It would be interesting/helpful to find out what color similar bike path posts are in other jurisdictions.

IMO you've got a good case. I hope you get proper compensation.
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Report this Post10-09-2012 12:47 PM Click Here to See the Profile for FriendGregorySend a Private Message to FriendGregoryDirect Link to This Post
Yea, let me get that out of the way first, I hope you have as good a recovery as possible, and sorry that you are not just slightly more attentive and just a little bit more lucky to go along with that.
I think that you were participating in a risky behavior and the fact that it happened on somebody else land should not make them responsible. I think I would request them to remove posts that are not near the entrances to roads. The placement dose seem dumb and may make them totally libel.

I have my share of spills and minor injuries. If I can, I fix the problems, if not, I make an effort to bring it to someones in charge attention and suggest the solution.
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Report this Post10-09-2012 12:57 PM Click Here to See the Profile for 87antuzziSend a Private Message to 87antuzziDirect Link to This Post
BTW the bollards are there so only bikes and foot traffic can access the trail and keep ATV's out. Just remember that if someone removes them because you throw a fit some idiot can now drive up the bike path thinking its a road and kill someone. It does not look well marked with no reflectors of any kind so you could push for better viability of the bollard. Hope you heal quickly.
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Report this Post10-09-2012 12:58 PM Click Here to See the Profile for mptigheSend a Private Message to mptigheDirect Link to This Post
In Omaha, a guy was walking and it started lightning pretty bad. He went into a park and stood under a tree. The tree was hit by lightning, which then hit him. He sued the city and won. Talk with an attorney BEFORE signing anything agreeing to anything with the city. I hate to say it, but this is what the ambulance chasers are for. The city will offer to pay medical expenses (maybe) but you're out more than that. Most attorneys would take this on a contingency.
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Report this Post10-09-2012 01:00 PM Click Here to See the Profile for naskie18Click Here to visit naskie18's HomePageSend a Private Message to naskie18Direct Link to This Post
You claim that you ride this frequently....shouldn't you have known the pole was there?

That's like me hitting a concrete median on the freeway and then trying to sue the city for putting it there...

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Report this Post10-09-2012 01:01 PM Click Here to See the Profile for Red88FFSend a Private Message to Red88FFDirect Link to This Post
"The path is about 9 miles long and my wife and I ride it often. Usually at least once a week."

This is the part that got my attention and will be part of what they will use if they fight it. You DID know they were there. I do agree that green may not be a good choice, probably trying to not make an eye sore, which may be the rub (think camo). I think it could go either way.
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Report this Post10-09-2012 01:12 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
Yes, I will admit that if someone gave me a map of the trail, I would not be able to accurately mark the places where the posts are. Why would I ever try to commit the locations to memory? I've always seen and avoided them before.

I understand that the posts are there to keep vehicles off the trail. The difference with this one is that there is no crossroads or otherwise accessable entrance onto the trail. It is a very random placement and serves no apparent purpose.

I'd say NOT like a concrete structure in a highway median. The median isn't the path. Now if they stick something in the roadway, I'll bet they honestly try to bring it to your attention.

I'll also try to not throw a fit.

Jonathan

[This message has been edited by Boostdreamer (edited 10-09-2012).]

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Report this Post10-09-2012 01:18 PM Click Here to See the Profile for maryjaneSend a Private Message to maryjaneDirect Link to This Post
 
quote
Originally posted by Boostdreamer:

If you have been following my build thread or have seen my motorcycle for sale in the mall, you know I recently broke my collar bone.



This happened on a City built and maintained bike/walk trail here in Kingsport.



The signs clearly show that the path is open until dark and bikes are welcome.



Here is what I hit. This pic was taken at 12 noon on a sunny day. You can see that it is painted dark green and blends in very easily with the surroundings. They have put a white plastic cap on the top of the post. Perhaps an admission that it is hard to see.





The path is about 9 miles long and my wife and I ride it often. Usually at least once a week. On this particular evening we started at approximately 6pm and planned to ride the full length of the path and back. We expected the ride to take about an hour. We had made our ride and were about five minutes away from our parked car. It was getting close to 7pm. I'd say about ten til. It wasn't dark yet but it had gotten darker from the time we started. There were still plenty of other people on the trail and in the park.

Tammy was leading the ride and we had just gone about 17 miles so we were getting tired. We were not racing or going too fast for conditions. Posts like the one shown in the pic are scattered along the path. They are there to stop cars from entering the path. You can see that this odd-ball one is just sitting there for no apparent reason. We had just crossed a car entrance to the park about 20 yards earlier. Posts were present on both sides of the path. They were expected and easily seen and avoided by both of us. As we were approaching this particular post, I couldn't see it because Tammy was in front. She was leading by about 20 feet so I wasn't tailgating her. Just past this post is a turn to the left. That's were my attention went since I wanted to know what was ahead and if we needed to slow for walkers.

The dark color of the post hid it from me until it was too late. I pretty much hit it and saw it at the same time. There wasn't even time to brake or try to steer away from it. I hit it as square as humanly possible! It really was a perfect hit. I went over the top and landed on the ground. That's all I know. I instantly knew that I had a problem around my left shoulder and told Tammy that I had broken my collar bone. I couldn't move or get up. Blood started oozing out of my head forming a pool on the pavement. That triggered Tammy to call 911 for an ambulance. They came and got me and took me to the ER. I got x-rays and pain meds. I was referred to an orthopedic doctor who took more x-rays and determined that I needed surgery. The surgery took place 9 days after my wreck. Now I'm recovering. The doctor said he couldn't save all the nerves so I'll have some permanent numbness in my chest-shoulder area. He also had to put a metal plate in to hold all three pieces of my bone together.

Tammy called the City to see if they had liability insurance for things like this. They do. The investigator is supposed to come to our house on Monday the 15th to interview us and have us sign to release my medical records.

What do you think about my case? What should I ask for? What should I refuse to do? Any advice would be appreciated.

Thanks,



They'll probably pay, just to make you and your case go away.
The fact that you freely admit you have ridden it many times and thus was and are well aware of the sign placements and thus the potential risk may work against you but see my comment above. /\
Personally, I would think twice about ever postig all that in a public venue without first speaking to an attorney, but then again, I and I alone am responsible for everything I do.

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Boostdreamer
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Report this Post10-09-2012 01:27 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
I don't regret posting any of the facts I've presented here. These are the exact same facts that I will disclose to the insurance investigator. I don't want anything that is not due to me. We have health insurance and we'll make it with or without anyone's help. I have presented it here to ask for opinions. It seems that the responses are split about half and half.

To say that I ride often shows that I'm experienced with my bike. To say that I was riding with my wife shows that I wasn't "pushing it". To say that a competent rider can have an accident like this should open the eyes to the possibility of the same thing or worse happening. I'd rather this happen to me than to a child or an elderly person.

Jonathan
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Report this Post10-09-2012 02:57 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post

Boostdreamer

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I went out and took a pic with my light on. It is brand new and is pretty bright, even in the daylight. I'd have to admit that most bike lights are more designed for the rider to be seen than to be any real aid to the rider's vision. They will do a nice job of reflecting off of signs and stuff. If the pole had reflectors, I believe I would have seen it.



Here's the damage to my bike. Did I say I hit it square or what? Other than the fork being bent backwards in an almost perfectly symetrical bend, the bike is virtually blemish free. Tough little bike!



Jonathan
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Report this Post10-09-2012 03:10 PM Click Here to See the Profile for WhiteDevil88Send a Private Message to WhiteDevil88Direct Link to This Post
As someone who has gone down the personal injury rabbit hole, I would recommend that you avoid contacting a lawyer. I would recommend keeping a full documentation of all expenses, and I would personally request that they place reflective tape on all of the bollards, but put off hiring a lawyer until last resort. It just isn't worth it.
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Report this Post10-09-2012 03:23 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
 
quote
Originally posted by WhiteDevil88:

As someone who has gone down the personal injury rabbit hole, I would recommend that you avoid contacting a lawyer. I would recommend keeping a full documentation of all expenses, and I would personally request that they place reflective tape on all of the bollards, but put off hiring a lawyer until last resort. It just isn't worth it.


I couldn't agree more. I don't think I hate any group of people more than Lawyers. Insurance people are up there too! LOL

Jonathan

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Report this Post10-09-2012 03:51 PM Click Here to See the Profile for Red88FFSend a Private Message to Red88FFDirect Link to This Post
 
quote
Originally posted by Boostdreamer:


Here's the damage to my bike. Did I say I hit it square or what? Other than the fork being bent backwards in an almost perfectly symetrical bend, the bike is virtually blemish free. Tough little bike!



Jonathan


I would bet that front wheel is bent but maybe you already gave her a good fast spin. I am assuming you did not ride it home
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Report this Post10-09-2012 04:47 PM Click Here to See the Profile for dsnoverSend a Private Message to dsnoverDirect Link to This Post
Green is a pretty poor color for a post in the middle of a trail in the woods. Around here, they are all bright yellow, with reflective tape and stuff. The fact that is is green, and does blend in with the surroundings is a legitimate gripe. It's fairly easy to lose track of where you are on a trail, even if you have ridden it many times.

I wouldn't sue, but I would nicely request that they cover expenses. And then, if they don't, maybe _mention_ 'lawyering up'....
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Report this Post10-09-2012 04:54 PM Click Here to See the Profile for TommyRockerSend a Private Message to TommyRockerDirect Link to This Post
Sucks that you got hurt, and I hope you have a quick recovery, but biking, or any other physical activity/extreme sport, et cetera, has inherent risks that you accept when you take up the tasks. You crashed your bike and got hurt. It happens. You weren't hit, you hit a stationary object on a path you ride regularly.
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Report this Post10-09-2012 05:02 PM Click Here to See the Profile for ls3machSend a Private Message to ls3machDirect Link to This Post
I can see the fault on both parties.

Hope you recover well.
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Report this Post10-09-2012 05:02 PM Click Here to See the Profile for BoondawgSend a Private Message to BoondawgDirect Link to This Post
I believe you are suspossed to stay to the left or right (depending on direction of travel) like when driving, but never in the middle (or ride side-by-side) on a bike path.

[This message has been edited by Boondawg (edited 10-09-2012).]

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Report this Post10-09-2012 05:28 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Direct Link to This Post
 
quote
Originally posted by ls3mach:

I can see the fault on both parties.

Hope you recover well.


Not to slam the guy and i'm glad it wasn't serous, but i have to agree with Boonie, why was he driving down the middle of the lane?? To me it looks like the city did make a reasonable effort and wasn't negligent, and there is a certain amount of risk the rider must accept.
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Report this Post10-09-2012 05:31 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Direct Link to This Post

Nurb432

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quote
Originally posted by Boostdreamer:


I couldn't agree more. I don't think I hate any group of people more than Lawyers. Insurance people are up there too! LOL

Jonathan


Attorneys are a necessary evil as people in general cant seem to behave themselves or act responsibly.
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Report this Post10-09-2012 05:32 PM Click Here to See the Profile for Gokart MozartClick Here to visit Gokart Mozart's HomePageSend a Private Message to Gokart MozartDirect Link to This Post
 
quote
Originally posted by 87antuzzi:

BTW the bollards are there so only bikes and foot traffic can access the trail and keep ATV's out. Just remember that if someone removes them because you throw a fit some idiot can now drive up the bike path thinking its a road and kill someone. It does not look well marked with no reflectors of any kind so you could push for better viability of the bollard. Hope you heal quickly.


 
quote
Originally posted by Boostdreamer:





like an atv or even a car can't drive to the left of the post.
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Report this Post10-09-2012 05:35 PM Click Here to See the Profile for BoondawgSend a Private Message to BoondawgDirect Link to This Post
 
quote
Originally posted by Gokart Mozart:


like an atv or even a car can't drive to the left of the post.


Well, they are not perfect.

How would you do it?
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Report this Post10-09-2012 05:48 PM Click Here to See the Profile for Gokart MozartClick Here to visit Gokart Mozart's HomePageSend a Private Message to Gokart MozartDirect Link to This Post
 
quote
Originally posted by Boondawg:


Well, they are not perfect.

How would you do it?


Well with the berm on the right, the bushes on the left, I'd get rid of the stupid pole!
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Report this Post10-09-2012 05:49 PM Click Here to See the Profile for FriendGregorySend a Private Message to FriendGregoryDirect Link to This Post
Well go ahead and put in your claim to the city for "unspecified damages related to bicycle accident" so that you do not miss the 60 day or 6 month time limit to file a claim, assume the first round they will turn you down. Call the park and recreation department and have this and any other posts that are not related to an entrance removed. Ask them to put a band of reflective tape at the entrance posts.
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Report this Post10-09-2012 05:52 PM Click Here to See the Profile for ls3machSend a Private Message to ls3machDirect Link to This Post
 
quote
Originally posted by Nurb432:


Not to slam the guy and i'm glad it wasn't serous, but i have to agree with Boonie, why was he driving down the middle of the lane?? To me it looks like the city did make a reasonable effort and wasn't negligent, and there is a certain amount of risk the rider must accept.


I've got no dog in the fight, obviously. Was just saying, I can see the case being made for either party.

Aside from that, I DO hope he recovers speedily.
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Report this Post10-09-2012 07:13 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
Thanks guys, for all the well wishes! I appreciate all the responses, positive and negative. Both will help me prepair for my interview and I'll know what things might be brought up.

As to riding on one side of the path or the other, it's really not that kind of a path. Some sections are very narrow. That particular section is only about 4 feet wide. That means that no matter which side you choose to pass on, you've only got about two feet to work with. Most people will put the most thought into keeping the handlebars away from the bollard. That reduces the path surface even more. In this case, it would have been better if they had put up TWO bollards with a three-foot path between them. Asking the general public to navigate a hazard like this is asking that people be more coordinated than most really are.

When we ride, it is not comfortable to ride side-by-side. There's just not enough room. On this particular stretch, you can see the bank to the right of the path. What you don't see is that just past the camera's field of view to the left is a river. And just a bit further ahead is a bridge that crosses the path perpendicularly and you have to ride under it. There is NO place for a car to go thrugh here. ATV's have never been an issue here. Golf carts have never been an issue here.

The actual parking area is already surrounded by wooden bollards. There is just no reasonable reason to have a bollard at that location. Period.

Jonathan
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Report this Post10-09-2012 07:17 PM Click Here to See the Profile for Nurb432Send a Private Message to Nurb432Direct Link to This Post
 
quote
Originally posted by Boostdreamer:
The actual parking area is already surrounded by wooden bollards. There is just no reasonable reason to have a bollard at that location. Period.

Jonathan


ATVs don't use parking areas.

We had problems with people coming off the roads, thru the grass and onto the walkways to get around traffic. Idiots.

[This message has been edited by Nurb432 (edited 10-09-2012).]

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Boostdreamer
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Report this Post10-09-2012 07:37 PM Click Here to See the Profile for BoostdreamerSend a Private Message to BoostdreamerDirect Link to This Post
I can understand how that could happen. There just isn't a big presence of ATVs here. It is unusual to see one on a residential road much less anywhere else. Besides, they are more suited to go around the bollards than bicycles are.

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82-T/A [At Work]
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Report this Post10-09-2012 07:39 PM Click Here to See the Profile for 82-T/A [At Work]Send a Private Message to 82-T/A [At Work]Direct Link to This Post
 
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Originally posted by Patrick:


Why the hell would they have the posts in the middle of the bike path painted dark green? That's just asking for trouble.

It would be interesting/helpful to find out what color similar bike path posts are in other jurisdictions.

IMO you've got a good case. I hope you get proper compensation.



Those are my thoughts exactly. Before I had even come into this thread, I thought to myself... oh geeze, what kind of ambulance chaser am I going to find in this thread... but I see this, and I completely agree with you. This is the dumbest thing I've ever seen in my entire life. Who in their right mind would put a pole there, and for what absurd reason would they try to make it blend in? If you're trying to stop people from using it as a vehicle path, then you paint it with reflective paint so people see it... this is just obvious common sense.


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Report this Post10-09-2012 09:58 PM Click Here to See the Profile for WichitaSend a Private Message to WichitaDirect Link to This Post
Just to make it fair for the city of Kingsport, Tennessee they should be getting a link to this thread.

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maryjane
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Report this Post10-09-2012 10:06 PM Click Here to See the Profile for maryjaneSend a Private Message to maryjaneDirect Link to This Post
 
quote
Originally posted by Wichita:

Just to make it fair for the city of Kingsport, Tennessee they should be getting a link to this thread.


I fully agree--that allows both sides to be aired in public.

For instance--I would be curious to know approx how many hundreds or even thousands of people have ridden that path after dark and ran into that white tipped pole as opposed to how many hundreds or thousands have successfully ridden that path after dark without hitting it.

[This message has been edited by maryjane (edited 10-09-2012).]

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SCCAFiero
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Report this Post10-09-2012 10:31 PM Click Here to See the Profile for SCCAFieroSend a Private Message to SCCAFieroDirect Link to This Post
Random thoughts:

Bike forks are not exactly fraqile, and since you fell off it, it's not like the pole stopped all your weight and the bikes weight, depending on what direction you fell. It would be an interesting calculation to determine how fast you had to be going to cause that kind of damage to the bike, especially if you remove a percentage of your weight from the equation since you were not really attached to the bike. I wonder how hard I would have to push a bike into a pole to cause that level of damage. With a little more information, one could use a vault formula to determine an accurate speed you left the bike at. No one is going to take your word for how fast you were going. These calculations might prove you were not going fast, or not. What is too fast when it is "darker than we started"?

There are sun charts to determine where the sun was, but with all the shade the trees provided, I would bet it was even darker under the trees than what any chart would state. Its a good thing light can be measured at the same equivalent time after the fact. Also a good thing the exact time is recorded on the 911 call. I wonder what the definition of "dark" is. I doubt it means "pitch black" where you can't see anything in front of your face without artificial light. If you needed a light, it was probably dark and the park was technically closed. Using a light looks like a double edged sword to me. You didn't run into the rest of the poles where it was, lighter than when you finished.

Now, in your deposition, when the city attorney asks, did you discuss this matter with anyone else, you can say you got all sorts of ideas on how to handle the situation from a bunch of strangers on the internet.

It does look like a stupid place to put a pole, but something made that (those) location(s) better suited than others for some reason we don't know. I bet the city knows.

This is why I am NOT an attorney, it is too easy to see both sides of the story. Hope you heal quickly.
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maryjane
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Report this Post10-10-2012 12:45 AM Click Here to See the Profile for maryjaneSend a Private Message to maryjaneDirect Link to This Post
In automobiles, it's known as out driving or over driving your headlights.
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Patrick
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Report this Post10-10-2012 03:23 AM Click Here to See the Profile for PatrickSend a Private Message to PatrickDirect Link to This Post
 
quote
Originally posted by maryjane:

For instance--I would be curious to know approx how many hundreds or even thousands of people have ridden that path after dark and ran into that white tipped pole as opposed to how many hundreds or thousands have successfully ridden that path after dark without hitting it.


Don, it appears you may have missed the following from the opening post...

 
quote
Originally posted by Boostdreamer:

Here is what I hit. This pic was taken at 12 noon on a sunny day. You can see that it is painted dark green and blends in very easily with the surroundings. They have put a white plastic cap on the top of the post. Perhaps an admission that it is hard to see.

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