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Proposed plan would protect Iowa Counties from bicyclist lawsuits
By KEN BLACK, TIMES-REPUBLICAN
POSTED: February 14, 2008
A proposal that would provide some protections to counties when bicyclists use those county roads is making its way through the Iowa Legislature this session.
The proposal is receiving a rather high profile after one family sued Crawford County over a bicycling accident. In that case, the bicyclist was competing in RAGBRAI, an annual, multi-day bicycle event that travels from border to border and attracts thousands of participants.
If a bill offering counties some sort of protection is not passed, some have openly wondered about the future of the event, sponsored by the Des Moines Register.
“The truth of the matter is I haven’t even seen it [the bill] yet,” said Rep. Lance Horbach, R-Tama. “I’m working on some other things that are taking a lot of my time.”
RAGBRAI will be making an overnight stop in Horbach’s hometown this year.
While he has not seen the bill, Horbach said he recognizes the value of RAGBRAI to the state. In recent years, seven-time Tour de France champion Lance Armstrong has been a regular fixture on the route, giving it even greater exposure.
“The bottom line is RAGBRAI is an event Iowa wants,” Horbach said. “We want to continue RAGBRAI. RAGBRAI is a great event for all Iowans.”
Under the current bill, the only way counties or other local governments would be liable for a bike accident is if it could be proven that the local entity was notified of the road problem and failed to take action before the accident took place.
Rep. Mark Smith, D-Marshalltown, who is also an avid bicycle rider planning to participate in RAGBRAI this year, said he is undecided about the proposal.
“I haven’t decided on that remedy,” he said. “I think there is some legitimacy to the concerns the counties have raised. I just don’t think all the options have been presented.”
Smith has traveled many county roads while riding and said he is generally pleased with the way they are maintained.
“It’s a good way to actually see the conditions of the roads,” he added. “I have never had an accident caused by the conditions of the road.”
Another proposal, which never received much traction, would have held counties and other local governments blameless no matter what the circumstances.
Horbach said the issue of liability also has greater applications. He noted that several years ago, the Register was opposed to liability reform.
“We tried as a Legislature to limit the liability losses to reduce the premiums and the Des Moines Register was absolutely opposed to it,” he said.
Horbach hoped the liability issues surrounding RAGBRAI may help change the editorial board’s thinking on those other liability issues.
———
Contact Ken Black at 641-753-6611 or kblack@timesrepublican.com
The proposal is receiving a rather high profile after one family sued Crawford County over a bicycling accident. In that case, the bicyclist was competing in RAGBRAI, an annual, multi-day bicycle event that travels from border to border and attracts thousands of participants.
If a bill offering counties some sort of protection is not passed, some have openly wondered about the future of the event, sponsored by the Des Moines Register.
“The truth of the matter is I haven’t even seen it [the bill] yet,” said Rep. Lance Horbach, R-Tama. “I’m working on some other things that are taking a lot of my time.”
RAGBRAI will be making an overnight stop in Horbach’s hometown this year.
While he has not seen the bill, Horbach said he recognizes the value of RAGBRAI to the state. In recent years, seven-time Tour de France champion Lance Armstrong has been a regular fixture on the route, giving it even greater exposure.
“The bottom line is RAGBRAI is an event Iowa wants,” Horbach said. “We want to continue RAGBRAI. RAGBRAI is a great event for all Iowans.”
Under the current bill, the only way counties or other local governments would be liable for a bike accident is if it could be proven that the local entity was notified of the road problem and failed to take action before the accident took place.
Rep. Mark Smith, D-Marshalltown, who is also an avid bicycle rider planning to participate in RAGBRAI this year, said he is undecided about the proposal.
“I haven’t decided on that remedy,” he said. “I think there is some legitimacy to the concerns the counties have raised. I just don’t think all the options have been presented.”
Smith has traveled many county roads while riding and said he is generally pleased with the way they are maintained.
“It’s a good way to actually see the conditions of the roads,” he added. “I have never had an accident caused by the conditions of the road.”
Another proposal, which never received much traction, would have held counties and other local governments blameless no matter what the circumstances.
Horbach said the issue of liability also has greater applications. He noted that several years ago, the Register was opposed to liability reform.
“We tried as a Legislature to limit the liability losses to reduce the premiums and the Des Moines Register was absolutely opposed to it,” he said.
Horbach hoped the liability issues surrounding RAGBRAI may help change the editorial board’s thinking on those other liability issues.
———
Contact Ken Black at 641-753-6611 or kblack@timesrepublican.com
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