Trolley tracks in Fourth Avenue Underpass claim two on opening night

safety August 26th, 2009

It appears that at least two bicyclists suffered broken bones from falling on the trolley tracks when the Fourth Avenue Underpass opened last Thursday night.

It seems every time the Tuesday Night Bike Ride goes past the tracks, somebody goes down. It happened again last night, but the cyclist was fortunately not injured.

You really go down fast if you get a wheel stuck in those things. It’s especially difficult on the Mercurio (that’s the orange bike you see in the photo of my office at the masthead of this blog) because you have three wheels to pay attention to, all in different places.

People often ask me if an injured cyclist could sue the city over these things. I suppose you could try, but my feeling is that tracks are one more hazard we probably need to get used to living with.

–Erik Ryberg

14 Responses to “Trolley tracks in Fourth Avenue Underpass claim two on opening night”

  1. Rick Says:

    If the city built a sidewalk with an intentionally uncovered channel cutting across it to drain water, and someone stepped in it an broke a leg, would you sue the city?
    You bet your sweet a** you would!

  2. Scott Says:

    Or they could always watch where they were going and not step in it in the first place.

    Why are people always looking for someone else to blame for their own inability to pay attention to their surroundings?

  3. Coghauler Says:

    I agree, Scott, the level of attentiveness
    isn’t always what it should be-especially
    in this techno-twitter-texting cell phone
    era.
    However, the city’s effort to mitigate the
    level of hazard that the tracks at the south
    end of the underpass represent falls way
    short. Paint and signs really are not enough
    here. The tracks are at exactly the wrong angle,
    the traffic is heavy and the pattern is not
    entirely clear. This is an area and condition
    where shit happens. All it takes is an unusual
    distraction and down you go. 1000 successful
    crossings mean nothing-except maybe contributing
    to over-confidence. Go down and watch.. there is
    an inordinate amount of cross directional movement
    in a short amount of space. A city willing to go
    50% over budget and not accommodate safe bicycle
    passage which it knew would be high could very
    likely be found liable. It will probably be just a
    matter of time…and I hate to say that.
    That whole intersection is so bizarre, weird
    and wrong that it’s interesting.

  4. Scott Says:

    Oh, I have no doubt that the city could be found liable sooner or later. After all, McDonalds was found liable for serving hot coffee to some fumbler who was unable to keep from dumping it in their own lap. I just don’t happen to agree that it’s right.

    (Erik, I cross tracks at least a couple dozen times a month – if I ever come to you wanting to sue the city or Amtrack or DOT or whoever because I couldn’t be bothered to notice them and cross them properly, do me a favor and tell me to grow up and pay attention next time.)

  5. Lauren Says:

    From seeing people eat it on other sets of tracks around Tucson, it seems that inexperienced riders are the ones that fall victim to the tracks the most. I don’t think it’s necessarily inattention as much as lack of knowledge about how to navigate over them. I’ve seen a lot of hesitation and bewilderment as people approach the tracks.

    I’ve intentionally ridden parallel to the tracks before out of curiosity to see what happens when your wheel slips into the groove. It’s a pretty scary thing because you completely lose control.

  6. Coghauler Says:

    You know. what is so wrong
    with addressing the tracks
    in a more effective way.
    Track hazard is a well-known
    condition here for years. In a
    new construction project of
    this size and nature, why is,
    say, pictures on tiles on the wall
    a more important expenditure?
    Not doing this says bicycles are
    not important and our heads are
    still not even inching away from
    car mode.

  7. MikeOnBike Says:

    Scott said “McDonalds was found liable for serving hot coffee to some fumbler”

    The coffee story wasn’t quite that simple:

    http://www.caoc.com/CA/index.cfm?event=showPage&pg=facts

  8. Coghauler Says:

    Can I find something nice to say
    about the 13-rack bike corral; the
    biggest one the city has put in and
    an indication that they expected a lot
    of bike traffic in the area??… NO!
    You have to cross at least two lanes of
    traffic and trolley tracks…IN
    AN INTERSECTION….to get to it.
    There needs to be a sign there
    somewhere that says, “BICYCLES:
    GOOD LUCK”.
    I contend that the city is as devoid of
    common sense and responsibility as the
    fool who spilled coffee on his lap.
    Cyclers are a big enough faction in
    this population to deserve the consideration
    of a little safety engineering in their
    street projects.

  9. Erik Says:

    “I’ve intentionally ridden parallel to the tracks before out of curiosity to see what happens when your wheel slips into the groove.”

    Yup, that would be Lauren.

    Coghauler — good point about the bike corral. I had only looked at it, not actually tried to use it. You are so right!

    And Scott, don’t worry, I have already refused to sue the city over trolley track accidents, so it wouldn’t do you any good to come my way anyhow. (I also wouldn’t sue them over a divot in the sidewalk absent particularly egregious circumstances).

    EBR

  10. Scott Says:

    “You know. what is so wrong with addressing the tracks in a more effective way.”

    How exactly would you accomplish that? Due to the wheel flange that keeps the wheels centered, tracks *must* either stick up above the surrounding surface or include a clearance groove alongside each rail that has to be wider than a narrow bicycle tire. There is not a usable wheel design available that would eliminate the need for this groove – the only way to eliminate the need for bicyclists to pay attention to tracks is to eliminate the tracks, or to ban bicyclists from roads that contain tracks.

    Personally, I think that the trolley is a useless and wasteful boondoggle, but somehow a very noisy minority has convinced the powers-that-be in this town that retrograde steel-wheel mass transit technology, be it quaint trolley or a more “modern” bus-on-rails, is required to achieve metro-nirvana; leaving the only real choices as “bicyclists pay attention” or “no bicycles allowed” – you choose. Or not – because as soon as someone scores a big settlement from sticking their wheel in a track, we all know which course the city will favor.

  11. Opus the Poet Says:

    the only way to eliminate the need for bicyclists to pay attention to tracks is to eliminate the tracks, or to ban bicyclists from roads that contain tracks.

    Or to copy (license) the design from trolley systems in the Netherlands that prevents bicycle tires from entering the flange channel, and also prevents debris that could cause a derailment from getting caught in the channel. We are so backwards in the US, or maybe the NIH syndrome is catching up to us, the feeling that if we didn’t invent it it must not really work. The fact that a system has been developed and put into operation but wasn’t installed on tracks next to bike lanes indicates the City of Tucson wants to be sued for negligence, simple as that. Installing infrastructure that gets cyclists killed or injured when a safer alternative already exists is begging to be sued.

  12. Coghauler Says:

    The only real option left now is to create
    a passage for bikes that avoids the tracks
    as best you can. That means that engineers
    would have to discuss with cyclists what
    meets their needs and actually believe that
    we know best about it. Advisory groups may
    get consulted (as in the underpass) late in
    a project when funds are running low and they’re
    in a hurry to finish. Bikes are an afterthought
    to car-minded project designers.
    Opus is right, those rails exist. And they
    have been discussed with designers. But,
    they are made in Europe and they are expensive.
    Well that shouldn’t be a problem if you’re not
    afraid to run 50% over budget. We only need them
    in bicycle critical areas. They are difficult to
    manipulate and fit, they say. I guess Europe
    can do the hard thing and we can’t.
    It’s not a stretch to think that the odds are
    being played when it comes to cyclists’ safety.
    It would seem bicycles are just not that important.

  13. ben Says:

    This thing isn’t open. Peds have only one side (narrow) and no ped bridges crossing 4th ave.

    I like how they made them shoulders instead of bike lanes.

  14. Al Says:

    Actually, the City of Tucson and Old Pueblo Trolley have been sued-a few times-over the tracks in 4th Avenue. Each time, the City and OPT won or the case was dismissed. Under the existing cases, it has been legally determined that the placement of the tracks in the pavement does not constitute negligence and that the bicyclist has the duty to exercise due care in the operation of their vehicle.

    The first few cases were filed by local attorneys, but once they lost, potential plaintiffs have had to get attorneys from Maricopa County to represent them. No attorney in Pima County that I know of will take a case involving the City and OPT.

    As for the flangeway filler, the City did examine that but from what I understand, determined that the material that it is made of would not last more than a year or so in our dry climate.

Leave a Reply