To sue or not to sue

[LakeCleElum]

Sorry this happened, but from growing up i a different age, I'd say:

Be Tough Little Soldier........

[bivenator]

She put on the brakes, saw she was going into the hole and turned the handlebars while putting her foot out to help stop. Probably not the textbook way to stop. The escape to the left was a wrought iron fence and the escape to the right has a fairly step cement incline with the barrier extending into the grass. She had a 25 pound baby on the back making steering a slower process.

[Baz]

Best wishes for a full recovery to Mrs. Bivenator!

Not going to condemn anyone but maybe a stronger headlight would help out - I mean whether or not it's someone's fault....we still don't want her crashing into stuff!

[Laneco]

I'm very glad your child is unscathed and that the MRS. has only injuries that I hope prove mild and heal quickly. I've pulled trailers with children in them, trail-a-bikes with children, and tandems with children on the back and can assure you that an accident on a bike with your child is absolutely terrifying...

Riding a bike designed for one - with a second on board puts you into a higher risk factor. Riding a bike with a single brake, now with two people up (admittedly - probably both light) - risk added. Riding said combination at night without lights - another added risk. The LED flashing headband is not an adequate light for cycling forward visibility. If it had been an adequate light, an orange barrier is pretty easy to see as would any other hazards big or small that might exist as well as let others know where they are so that they may go AROUND her. Two up on a bike with already poor brakes is going to require some extra skill/add'l safety precautions.

I'm sorry - but this situation does not warrant suing. Please get your wife at the minimum a much better light. 500-900 lumen lights that burn for 5 to 12 hours (depending on how high you adjust the output) are available for $60 to $90 and charge with a usb cord. My race lights are 1800 on the helmet and 700 on the bars - I use BOTH but that is for off-road and overkill for your pupose. Get a very good rear light - LED versions are available as cheap as $8-10 that are EXTREMELY bright. Wear retroreflective clothing, put retroreflective sheeting at the back of the bike etc. SEE AND BE SEEN - COME HOME SAFELY!.
angela

[Tobra]

These lights are the cat's ass. Battery pack fits in water bottle holder. I like the 2 AA battery maglight attached to the handlebars with a few hose clamps, but I use an old sheet as a tonneau cover, hence might be the wrong guy to ask.

Reflective tape is pretty cheap, as are highway cones. I am not kidding about them being on the hook big time if they know there is an issue and someone else gets hurt. Ask any of the law talking dudes here.

[Danimal16]

At a minimum I would notify the Public Works department. No doubt in my mind that was NOT adequately marked. Typical contractors or some crews do the minimum on crap like this. That barrier does not even come close.

As for suing, how much heart ache are you willing to take on. But notify the City of the situation.

[Alan A]

If you used your health insurance at all they will sue if there's even a chance they can cross deck the costs. That'll tell you if you have any hope of a case.

[F_Garvin]

Originally Posted by bivenator

I suppose the question is whether codes were properly followed will dictate whether a lawsuit is viable.. i.e. is reflective tape or flashers required.

Here, technically, it's illegal to ride a bike on the sidewalk so it would be case closed. Texas and/or the HOA may have different regs. If riding on the sidewalk IS okay, I would have had it better marked if I was the contractor.

Originally Posted by Hugh R

They were good tires, but not great tires.

[wdfifteen]

Sorry to hear about Mrs. B. I hope she gets better soon.
I don't see any reason to sue. Do we have to have a nanny watching over us all the time?

[rusnak]

You can sue, but I don't think you can win.

My advice is to see if your insurance can help with medical, and if not, then chalk it up to the fact that we live in an imperfect world where not everything can be blamed on someone else.

And buy the biggest baddest light for her bike that money can obtain.

[Por_sha911]

Sorry to hear she was hurt. Hope she feels better soon.

Sue? No. She was riding at night with an inadequate headlight. Hazards are part of negotiating the path. Its up to you to ride with proper lighting and/or slow down to an appropriate speed for the conditions.

Everyone says "Sorry to hear she was hurt. Hope she feels better soon.

Sue? No. She was riding at night with an inadequate headlight. Hazards are part of negotiating the path. Its up to you to ride with proper lighting and/or slow down to an appropriate speed for the conditions.

Everyone says "I'm against Sorry to hear she was hurt. Hope she feels better soon.

Sue? No. She was riding at night with an inadequate headlight. Hazards are part of negotiating the path. Its up to you to ride with proper lighting and/or slow down to an appropriate speed for the conditions. Everyone says "I am not a fan of our overly litigious society" until they have an accident. Personal responsibility and an honest mistake are the main factors here.

[Tishabet]

First off, glad that your wife and kid were not seriously hurt... scary stuff.

I think Laneco's post put it best. Riding at dusk or at night without adequate lighting is a risky proposition, and in any case you should not outride your headlight, your bike's ability or your own ability. The net looks pretty visible to me from the daylight shot you posted and based on the description it sounds like this would have been a non issue if legitimate bike lights were used. Personally I use an 800 lumen.

[aigel]

Usually you are not supposed to ride on the sidewalk. No doubt, if you'd sue, the defense will be that this is a walkway, not a bike path and that it is secured sufficiently for walking. You use it for unintended purposes, you are on your own. If your wife would have pushed her stroller into the hole while walking, maybe, but I guarantee that would not have happened, even in low light conditions.

Generally I am surprised that people look for fault elsewhere immediately instead of some introspection.

I speak from experience too - I was tagged by a car coming out of a driveway while I was riding my bicycle on a multi use path. The insurance said it was not a designated bike path - city could not confirm or deny it was - so my liability insurance paid for the damages to the car! It felt unfair to me, but if you can't prove you are in the proper use path, you are SOL.

G



Georg

[Tobra]

She almost certainly was going at a walking pace, and her light was better than the typical walker would be using when walking on a sidewalk in the evening.

If anyone else gets hurt in that spot and they have not done anything to mitigate the situation, the HOA and the contractor will be paying out the ying yang

[bivenator]

I think this will be my final say on the matter.

According to the HOA fellow in charge of the project the orange netting meets the standard City of Houston code. I will check on this for myself. This is the only requirement needed for a construction area not in a roadway. That is where the story ends. Regardless of any actions taken or not taken by my wife or the construction company, their asses are covered.

I will attend the next HOA meeting and propose that any work done in the neighborhood the bid will include safety precautions that exceed the bare minimum. A simple 50 cent piece of reflective tape would done the job in this instance, the placement of cones before the construction would have worked as well.

[rusnak]

I've got one of these bad boys, and I think this would have worked as well. I really believe that you're missing the point of the responses, which is that this thread should be about how to better insure that you don't have a repeat. The next time, she can come across a water puddle or tree root.

I just don't assume anyone else is going to look out for me.

The only drawback on this model is the battery. I want to find one with a smaller and more efficient battery.

[ramonesfreak]

I'm a lawyer and my attitude usually is go sue the careless bastards

But, and I'm not trying to make you feel bad, I got my girl friend a bike for her birthday. I immediately got her a front facing, handle bar mounted light for about $75 that is so powerful it will light up the neighborhood. I'm actually worried it could blind an oncoming car driver.

If she was transporting a baby on back, I would have mounted 2 of those lights on the handlebar

And don't forget a red tail light too

What the heck man geez

Whether you have a case....decide what you want to do after you find out if there is a serious injury and then go talk to a lawyer. Quit honesty I doubt I would take your case given what you have stated above

[1990C4S]

Originally Posted by ramonesfreak

I'm a lawyer and my attitude usually is go sue the careless bastards....

....I doubt I would take your case given what you have stated above

Case closed. Even the local ambulance chaser just told you to **** off!

[john70t]

Originally Posted by ramonesfreak

quit honesty..

lol

[greglepore]

Originally Posted by Alan A

If you used your health insurance at all they will sue if there's even a chance they can cross deck the costs. That'll tell you if you have any hope of a case.

Really? My experience here in Pa is that they don't ever sue in the name of their insured, but will lien any suit brought by an insured.

As to the op, the firm I work for is bicycling oriented, and even with that I look at the situation here and say if you're cycling after dark without adequate forward lighting, its on you. Plenty of barricade.