Accident Reconstructionist Opines on Bicyclist Forced Into Street by Damaged Bike Lane

ByKristin Casler

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Updated onOctober 27, 2017

Accident Reconstructionist Opines on Bicyclist Forced Into Street by Damaged Bike Lane

In this case, a vehicle accident reconstruction expert is enlisted to evaluate allegedly dangerous conditions encountered by the plaintiff in a bike lane. The cyclist typically rode her bike everywhere she went, and on the day in question, she was riding in a bike lane along a busy boulevard. Because the condition of the bike lane was so dangerous, she had to ride about eight feet from the curb. A motorist did not see her and changed lanes to make a turn, driving into the plaintiff’s lane and striking her from behind. As a result of the collision, plaintiff suffered massive head trauma.

She filed claims against the other driver and against the state and county for their alleged failure to maintain the bike lane in a safe condition.

Question(s) For Expert Witness

1.) Was the bike lane in a dangerous condition?

2.) Were any regulations violated?

Expert Witness Response

inline imageBased upon my inspections and a Scan Station 3D laser survey, as well as the use of some Jvt image processing technology, it was determined that there were significant pavement issues along the curb lane of the boulevard, including sub-base deterioration. In fact, this area had been recommended for re-surfacing three times over the last five years.

inline imageThe poor conditions forced the plaintiff to move to her left in order to maintain control of her bicycle. The height differences all along the curb lane ranged from one half inch to over an inch and one half at some locations. The uneven surface of the roadway created substantial danger to bicyclists riding along the bike route. Riders were placed in the position of attempting to ride over the surface and face losing control of their bicycles and falling, possibly into traffic, or moving further into the lane of travel in order to get to an area that was smooth.

inline imageThe city in this case did not follow any of the sections of the state highway design manual regarding maintenance and repair of bike lanes. Nor did it follow its own bicycle plan. If it had, plaintiff would not have been forced to ride eight feet into the lane of travel and this crash would not have occurred. The alligatored, cracked and torn up condition of the paving of the bikeway that was recommended for resurfacing years before the date of the incident created a hazard to the bicycling public. The surface was not safe for bicyclists to ride over as it would cause bicyclists to lose control. At the very least, there should have been warnings of the dangerous condition.

inline imageThe expert is a traffic and roadway design engineer who is an accident reconstructionist.

About the author

Kristin Casler

Kristin Casler

Kristin Casler is a seasoned legal writer and journalist with an extensive background in litigation news coverage. For 17 years, she served as the editor for LexisNexis Mealey’s litigation news monitor, a role that positioned her at the forefront of reporting on pivotal legal developments. Her expertise includes covering cases related to the Supreme Court's expert admissibility ruling in Daubert v. Merrell Dow Pharmaceuticals Inc., a critical area in both civil and criminal litigation concerning the challenges of 'junk science' testimony.

Kristin's work primarily involves reporting on a diverse range of legal subjects, with particular emphasis on cases in asbestos litigation, insurance, personal injury, antitrust, mortgage lending, and testimony issues in conviction cases. Her contributions as a journalist have been instrumental in providing in-depth, informed analysis on the evolving landscape of these complex legal areas. Her ability to dissect and communicate intricate legal proceedings and rulings makes her a valuable resource in the legal journalism field.

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