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Crashed on Mt. Eden Road

I regularly ride around Stevens Creek Reservoir by taking Pierce Road to Mt. Eden Road which becomes Stevens Canyon Road. On Sunday December 20, 2009 at 1:00 PM I crashed at about 30 mph on a patch of gravel where the road has been repaired, just a few hundred yards down from the summit by the archery range. (Thank you to the cyclist and car driver who stopped and helped me with my wounds.) I'm dealing with a broken clavicle, scapula and some possible rotator cuff issues due to the accident. Has anyone else crashed here recently? I would like to know if I have a case against the County for improper road repair and I know my case, and anyone else's, would be stronger if there is more than a single "victim." I am unemployed and uninsured and I don't yet know what the medical expense total will be. Does anyone out there have advice on how I might go about attempting to find the County at least partially at fault and liable due to improper road repair on a road known to be popular with bicyclists? Any advice would be welcome. (I have an e-mail in to Len Tillem, but so far, no reply) Thanks. -Ken

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Advocacy
ballard_bike234's picture

ballard_bike234

January 5, 2010 - 1:15pm

Ken,

Sorry to hear about your incident. Involved in similar event last August, however I stayed on my bike with only a fractured Mavic hoop. The mishap happened in Gilroy so I filed a incident report with the city after contacting traffic dept. Turns out the GUSD had an easement (in front of new Christopher High) so I was out of luck with a City reimbursement. The contractor or subcontractor's insurance will need to pay the claim. I would try to find the municipality responsible and pursue that. In the end, the roadway should be safe for all approved vehicles- including bicycles or indicate otherwise. However, safe is a evasive term ;-)

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