A triathlete and
mother of two went out for a training
ride on her bicycle after work, but
crashed into large wood timbers left
straddling the marked bicycle lane. She
flew over the handlebars and fractured
her elbow (the radius head). Her
expensive halogen headlamp did not
illuminate the road in time as the wood
beams blended into the road that night.
The wood nuisance was
primarily caused by Carlsbad Developers
who ran a
sloppy construction site. They failed to
supervise, inspect and secure wood beams
used on the job site. Investigation
determined that even a local resident
complained about the sloppy job site
debris blocking the bike lane, and the
sidewalk – forcing him and his dog to
walk out into the street for fear of
tripping.
The brave triathlete/mother,
refused to give up when reasonable
settlement demands were ignored by the
defendant developer. Ultimately this
forced a flurry of legal action and
finger pointing between the
sub-contractors. Instead of taking
responsibility and prorating the
settlement funds, the defendants
stonewalled. When the dust settled the
bicyclist recovered a modest five figure
settlement. Here are a few tips:
Tip # 1 – Reduce your
speed when riding at night so that you
have time to react when your halogen
lights illuminate a danger.
Tip # 2 – Take photos
of the debris and connect it the
culprit. i.e. use your cell phone to get
pictures on the spot! See more
articles on my web
site (to the left) on what to do
if you crash!
Tip # 3 – File
complaints (via e-mail or letter) with
the City if you see a dangerous
condition. I believe it would be good to
have a list of the City engineering
departments available on line so that
this could be done easily. Imagine if
all bicycle clubs/groups published the
phone numbers to the Cities…. in order
to fix dangerous conditions –
WOW!