Bicycle Austin forum

owlman

Member

Registered: 2011-12-16

Posts: 142

Cyclist sues after APD vehicle right-hooks him & city denies fault

http://kxan.com/2015/10/14/cyclist-file … ved-crash/

(The video has a lot more information than the article itself, including surveillance footage of the crash.)

A man has filed a lawsuit in Travis County against the City of Austin, for an alleged officer-involved crash that occurred last October. The plaintiff alleges negligence and negligence per se.

According to court documents, Mark Collins was riding his bicycle the morning of Oct. 24, 2014 on East 6th Street when an officer made a right turn onto Sabine Street, “careening their vehicle directing into the path of Plaintiff Mark Collins and his bicycle, causing the severe injuring and damages hereinafter complained of.”

The lawsuit claims Collins lost consciousness, suffered a knee sprain, abrasions, and other injuries.

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Cyclist sues after APD vehicle right-hooks him & city denies fault

I'll consider Austin a bike-friendly city when at least one of the following is true:

(1) Police officers don't make illegal right turns into cyclists.
(2) When an officer makes an illegal right turn into a cyclist, the department admits responsibility and offers appropriate compensation for the victim's injuries.
(3) When there's an article about a driver making an illegal right turn into a law-abiding cyclist, no one lunges for the Comments section of the article about it to defend the driver and blame the cyclist.

badgnome

Member

Registered: 2012-01-26

Posts: 50

Re: Cyclist sues after APD vehicle right-hooks him & city denies fault

Glad footage was available of this as most of the time this is not the case.

Interesting tact that the city tried, but it might cost them more on the end.  Who knows this could lead to education efforts within the city regarding as to what are the roles and responsibilities for each party for incidents like this.

Too bad Riley is not still on the council. That would have been a good person to contact before going ahead with a lawsuit.

owlman

Member

Registered: 2011-12-16

Posts: 142

Re: Cyclist sues after APD vehicle right-hooks him & city denies fault

Settled for $3,000.

http://www.austinchronicle.com/news/201 … a-cyclist/

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Cyclist sues after APD vehicle right-hooks him & city denies fault

Thanks, I was just about to post about this.

Sad that the City fought him on this rather than just owning up to their responsibility.  NOT the mark of a bike-friendly city.

RedFalcon

Member

Registered: 2013-10-10

Posts: 233

Re: Cyclist sues after APD vehicle right-hooks him & city denies fault

A couple of years ago I was nearly hit by an APD motorcycle cop. I was going straight through an intersection and had the right of way.  The two cops were turning left (from my right side).  They were talking and distracted so the one on the left didn't see me.  They had a stop sign, but were rolling through it.  I did not get hit because the one on the right yelled at his buddy to stop. 

I sure wish I had that one on video, but it was before I started riding with a camera.

I had always thought that might have been my ticket to early retirement, but with a $3000 payoff I guess not.  Shoot, I have a $2500 deductible. 

Yes, the city should have owned up.  Not a cycling friendly place.  Not really.