Bella Vista Bicycle Crash Victim Files Claim

"Tague’s more than $50,000 in medical bills — she did not have health insurance at the time of her crash"

Good reason to support universal health care -- SB810 in California.

I have nearly fallen just walking across the water at that spot. It's treacherous and should have been fixed decades ago. There is no reason I can imagine why a culvert could not be put in there. It's just plain negligent on the part of the County to have let this go on as long as it has.

First she claims she just wants a culvert put in because it's unsafe, but then she figures she might as well have the city pay for her bills. Quit looking for a handout !

You knew it was slippery before you crossed it, you decided it was a risk you were willing to take. Take responsibility for your life instead of having your lawyer-boyfriend find an easy way out. Now you're causing our cash-strapped city to waste money defending itself from your idiocy.

When will you grow up and take responsibility for yourself? You went for a bike ride, crashed, and now you're trying to blame someone else? You knew the risks you were taking. And without any health insurance (I also wish we had universal coverage), you were surely aware of the risks you were taking. You gambled and lost, deal with it. I hope this lawsuit is another gamble you lose.

And then there costs that are higher than one might expect or even environmental concerns that could escalate the costs. Maybe we should just post a "Road Closed" sign. Abandoning the road is also an option I would like for the County to consider. It is apparent that we cannot afford all this pavement anyway.

But we can afford all the toys; the slick tired performance bicycles, hot rods, motorcycles racers, monster trucks, maybe even have 2 to 3 SUVs parked in a high-end garage or on the front lawn. We can go anywhere, ride anything and as fast as we want.

But no one can figure out why our roads are all in bad shape and why we fall down, even while walking. Suggest a tax, double the cost of gasoline to fix these "backlogs" and your branded a communist. So we borrow from the future and pave a few mile stretch of Upper State and de la Vina.

There are disabled people in the county who are really needy and can't get critical social services or maybe even food. Sorry for everyone's pain.

Ban cycling entirely on public roads unless your bike is a government approved 4 wheeler with a passenger cage with roll bars. Wet roadways and or roadways that are not swept weekly present an unacceptable hazard to both pedestrians and cyclists. The federal government should step in and fund safe walking and riding tracks so this type of senseless tragedy is stopped! Erin deserves a huge settlement so she can finally live the SB lifestyle that she so rightly deserves. The county can easily afford a $5,000,000 settlement so she can buy a nice home, not have to work and try to get over this tragic accident. Go Erin - milk it baby!

Yeah, it's not about making it safer, it's about her medical bills. Come on folks, get a job! Work for medical insurance like the majority of honest people do. You can't just go around suing because you aren't taking care of yourself to begin with! If her concern TRULY is to make the road safer, she wouldn't be suing, she would just file a complaint and make it public or file a suit but not claim her medical expenses. Maybe she is hoping to get a few hundred thousand on top of it so she can be unemployed even longer. That just perpetuates laziness and entitlement... lack of work ethic, blaming others for your own lack of carefulness. Disgusting!

I found these paragraphs from the original article interesting:

"Tague — a professional masseuse who moved to town from New York in April 2009 and works in the Biltmore’s spa — got angry. “They know that this is going on but nobody is doing anything to prevent future accidents,” complained Tague, who started road riding about six months ago and said she fell even after “exercising caution” before the crash."

-- new to biking, new to Santa Barbara

"She’s now saddled with $56,000 in medical bills and is considering a lawsuit against the County of Santa Barbara, which maintains the road. (In a case of tragic timing, Tague had finally mailed in health insurance paperwork the day before her accident, which was too late, as the broken hip now qualifies as a pre-existing condition.)"

-- so she had access to health insurance, but neglected to pay the bill.

I fell sympathy for this woman's pain and situation, but resent her response of attempting to injure other non-involved parties.

@santabarbarasand,

Much of what you say appears to be extrapolated or projected from information presented in the article rather than based on what's actually written in the article. She has filed a claim, which the county can opt to reject. She has not filed a suit. If she decides to file a suit, that is her right as a citizen.

All you and others (@benjamin) have done is prove once again that it's quite easy to dehumanize someone like Tague in the comments section of the local newspaper. You suggest that she is not "honest" because she did not have health insurance, that she doesn't know how to "take care of herself", that she wants to remain unemployed and that she's "lazy", "entitled" and "lacks work ethic". Oh, and you call her, "disgusting".

Really?

Have you ever met Erin Tague? Would you say these things to her face if you met her? Maybe you'd say something like this, "Umm, Hi, Erin. Sorry about your broken hip, but you're a careless, entitled, lazy, dishonest person who has a real lack of work ethic. How dare you ride your bike on public roads".

Ridiculous.

It's so transparent. The attorney doesn't want to have to cover her medical bills. She can't. And so the solution is to file a claim with the county to cover the expenses. With the not-so-veiled threat of a lawsuit hovering overhead.
I have to agree with others who have posted here. People need to take responsibility for their (in)actions (as in no health insurance) and, yes, sometimes, accidents. Accidents happen. And you deal with them.
This is yet another story reflecting the mentality of people in this country who don't take personal responsibility. It's akin to the woman who sued McDonald's because she spilled their hot coffee on herself.
If Ms. Tague knew it was slippery there, why not GET OFF HER BIKE and walk it over the slippery part?

What is curious to me is- why does Matt [and the Indy] view this as worthy of such extensive journalistic intrigue? People file claims every day- people have accidents every day- algae collects, it rains, bla bla bla. So to have such a huge second story on this is- well- curious.

Interesting legal tactic here to admit knowledge of the hazard prior to the crash. Read the quote in the photo caption.

Yet another example of the Great American Health Care Crisis/Tragedy/Joke.

Erin, tell me again why my tax dollars should pay for your medical bills, your boy friend’s legal fees and a lifestyle that you would like but can’t afford? You are pathetic.
What’s really the matter? Were you at the end of your financial recourses and looking for easy income at someone else’s expense? Grow up!

And…Owen Dell, shame on you and anyone else for supporting her. I had such admiration for you and the good that you do. You of all people should know that when we build roads across places of natural runoff ,what has occurred here should be expected.

This makes no sense. If I do something that I know is dangerous and hurt myself, why is it someone else's responsibility to pay for my bills?

To say that every inch of road in the entire county should 100% suitable for cyclists is unrealistic.

Just ride a mountain bike. You'd have squashed that slime no problem.

>>"What is curious to me is- why does Matt [and the Indy] view this as worthy of such extensive journalistic intrigue?"

The Indy often runs stories as favors to personal friends. My favorite was a story about some guy's stolen bike.

Back when I was a kid, long before all you people arrived, we used Common Sense in the foothills. We did not have cell phones or helicopters to lift us out of harms way. The mountains have runoff that grows algae, the mountains have shale that makes slippery points on a road, the mountains have wild animals, the mountains are hot, dry and lack water.

City People should first learn about the environment before entering it. The Tea Fire, Jesusita Fire, the weekly airlifts out of the backcountry and this unfortunate accident - all a result of people unprepared or respectful of the environment they enter and not willing to accept responsibly for themselves and their actions.

The real question is how to educate these people, impart to them an understanding that they are not in the City but in the West, were natural selection and common sense rules the day.

I am tired of my tax dollars being used to constantly bail them out, tired of houses being destroyed, at some point they must take responsibility for their actions and learn to live in the reality of the environment.

"but I have always considered the stream crossing on Bella Vista at Romero Canyon unsafe." So why go there until it was fixed?

Worse could have happened; she could have lost her life. Unsafe places should be avoided. Is that too hard to understand?

Just to be clear I am sympathetic to Ms. Tague as well others injured due to outdated design, deferred maintenance and enforcement of our roadway's rules and laws. The County (that's us) seems to have some responsibility in this matter. We have not prioritized updating and maintaining our roads in favor of more frivolous individual ideals.

@Kingprawn - Right on! Your comment made my day!

Unfortunately personal responsibility is a thing of the past in our society today. This situation is a great example of that. The article mentions she wants her medical expenses only - however I am sure there is additional monies being requested to cover legal expenses, pain and suffering etc. It would have been nice to see what the total amount of this claim is or at least have been told in the article that her total claim is for medical expenses only. Perhaps the Independent will publish her claim of the County so everyone can see whether her comments are accurate or if she wants to make money off of this accident.

@Kingprawn: these people are nasty little trolls with no friends, holed up in their basements blasting on the internet to try to give meaning to their decrepit lives.

UCSB should pay attention to this case. The campus' walkways are incredibly unsafe. They allow skateboarders to use the same sidewalks as pedestrians. Plus, inadequate bicycle enforcement essentially allows cyclists to ride on the sidewalks as well. This means that people who are trying to walk from one building to another must deal with an onslaught of people on skateboarders and bicycles traveling much faster both head on and from behind. Many of the cyclists and skateboarders actually believe that they have the right of way and pedestrians should yield! In addition, the campus' "deferred maintenance" has allowed many cracks and uneven spots in the sidewalks, which makes the sidewalks unsafe for skateboarders and cyclists and puts the university at risk for lawsuits exactly like this.

When I was a student on campus, I was nearly hit by skateboarders several times, plus I was cussed out by a skateboarder who got angry when I didn't get out of his way (instead I put my arm in front of my face and he ran into it), and I was physically punched from behind by a skateboarder after I attempted to take his projectile/skateboard to campus police after he lost control doing a trick, causing it to nearly hit me. I am a woman who is 5'0" and I was walking from my TA office to my classroom when the incident happened.

UCSB has known about the issue for several years (I began writing letters in 2006). In their 2008 survey, they found that 25% of pedestrians on campus had been hit by a skateboarder. Yet, last I checked (I moved in 2009) the campus had still failed to take any meaningful action that would allow people on campus to access their buildings safely.

Like other posters, I'm not sure whether I agree that the county was responsible in the Jones case. But in UCSB's case, it would be easy for a lawyer to prove culpability, particularly if the plaintiff is disabled or suffers significant injuries. It seems like it will only be a matter of time before the campus is sued by a pedestrian, skateboarder, cyclist, or even all three.

"It's akin to the woman who sued McDonald's because she spilled their hot coffee on herself. "

McDonalds continued to serve scalding hot coffee after having received over 700 reports of harm done by it. Stella Liebeck was an elderly person who momentarily set the coffee cup in her lap, where it spilled -- you could say "ouch! that was dumb!" -- but it wasn't just "ouch", she received third degree burns, and spent 8 days in the hospital receiving skin grafts, and continued to suffer medical problems for years. She asked McDonalds for $20,000; they offered $800 and refused to budge, and continued to refuse all settlement offers after she sued. The jury found Liebeck 20% responsible and McDonalds 80% responsible, and negligent, and awarded Liebeck $2.86 million, which the judge reduced to $640,000. McDonalds appealed, and then then settled for an undisclosed amount, presumably considerably less that $640,000. Liebeck died in 2004 at the age of 91.

Given our fault-driven legal and medical system, really, there is no other choice for Erin. I hope she gets just enough to pay her medical bills and also I hope she gets the County to fix that spot. I've fallen at those spots.

There is also one on Refugio, and more on Happy Canyon near Figueroa Mtn.

Look, County Roads are in abysmal shape for cyclists. Huge potholes abound from unincorporated Goleta spots (including portions of the bike path system) to Gibraltar. The County knows and they also know that most people just put up with it and don't sue. But conditions have gotten so bad that it is time the cycling community put together a regular survey, carefully documented, and gave it to the County regularly.

That is how Manhattan works... personal injury lawyers pay a firm to document all trip and fall hazards every year. The City there gets the list and tries quite hard to fix them all before the lawsuits start.

Hey, not nice, but that is the way bidness goes in the US.

"Tague’s more than $50,000 in medical bills — she did not have health insurance at the time of her crash"

Good reason to buy health insurance.

Ken and Barbie put on their best spandex and head out, on a public road, on their bicycles. Ken and Babie's conduct on said public road is governed by the California Vehicle Code. Basic vehicle law is to never go faster than is safe. Ken and Barbie head down hill, building speed, with a sharp turn and visible water across the roadway, Barbie wipes out, was Barbie going faster than was safe for the road conditions?

Driver heads down into the Tahoe Basin at night the temperature is below freezing with black ice, driver takes a turn faster than is safe and looses control and crashes.

In both examples Driver error is the blame for not responding to the road conditions.

Maybe the California Vehicle Code needs to weigh-in here?

does anyone know if one is required to register/obtain a license for a bicycle in the area? if yes, did Ms. Tague have one? If she didn't, then she was illegally operating a bicycle on a roadway. That should be the end of that! I know where I live in my town (upstate NY) one is required to obtain a license for a bicycle to legally ride on the city streets. do i have one? hell no

Naw, greenmy, that spot at Bella Vista is way, way, way outside the normal range of slippery. There is no way to predict the algae-enabled slipperiness of that spot based on anything except detailed foreknowledge from other people who have fallen there.

This is a bad example for those who want to say lack of personal responsibility on Erin's part is the main culprit. Just ain't so.

Work for insurance? What a privledge. Not every job gives you insurance nowadays. Take a real hard look at what this country is today. Do you buy your maids, housecleaners, gardeners health insurance? Or is that their responsibility? I'm sure your job pays for yours, right? Obviously her job doesn't provide medical insurance, because she had one. That's right, has a job but is still lazy. ??!!?!?
Whats wrong with our taxes maintaining our streets? It's called job creation. Of course some would rather watch wars in Muslim countries on television and have their tax dollars go to killing and maiming than spend on maintaining our own country. That's America for you. Get yours, screw everybody else.

+1 for Kingprawn

The county has a responsibility for providing and maintaining safe roads for all users. That has been understandably very difficult to do since control and funding of local services isn't what it used to be since Prop 13 passed and the financial crisis of 2009 hit. But the responsibility remains.

The fact that this person didn't have insurance is not directly relevant. The fact that tax dollars are used to maintain roads and other public services/infrastructure is not relevant. The fact that some here disapprove of this person's choices in how she lives her life is not relevant.

As a cyclist who once crashed on Mountain Drive at Cold Springs Creek, I can sympathize with Ms. Tague's experience. I wasn't too damaged to ride home, but I sure learned a lesson.

As for the $60,000 in medical expenses not covered by insurance: Let's not forget that if she had insurance, her insurer would have undoubtedly knocked that total down, possibly to less than $20k. Why should anyone have to pay the inflated "non-insured" prices? I say NO to health care price gouging, regardless of who ends up paying.

Given Erin Tague's active lifestyle she really should have made getting health insurance a priority. I hear about so many people that say they really can't afford it but then think nothing of shelling out 75.00 for concerts, 50+ bucks a month for Starbucks, movies, restaurants, etc.. So I would have a hard time believing that she couldn't afford at least basic health insurance, which most ppl can manage if they really try.

Because there's always going to be potholes, mud, slippery pepper tree leaves, water, road kill, etc. it's probably wise to keep your eyes on the road whether driving, walking or riding a bike.
Sorry to have to spell out common sense but apparently it seems like that's what is necessary these days.

btw, sorry for your pain Erin but please don't pass on the pain in fiscal form to our local government. And I bet if you win there will be many others burdening the system--fighting the lawsuits and doling out the rewards.

SantaBarbaraDiane,

Your entire argument is sort of undone by the fact that you try to burden this person with the responsibility of others emulating her lawsuit.

Last time I checked (and you should, too, since you're rusty on this stuff) our entire society is built on the fact that we have freedom to bring lawsuits for these things. Adding what MIGHT happen to her potential lawsuit has absolutely NOTHING TO DO with reality and shouldn't ever be a consideration when someone files suit.

There's absolutely no responsibility for a plaintiff in any suit (whether it's one you agree with or not) to consider what imagined ramifications might come from their individual suit. That's simply not how the law was designed.

I'm not saying I agree with her argument. I don't. I'm pointing out a very fundamental basic right as a plaintiff in our legal system.

Most people, myself included, who do outdoor activities on public roads know that it's dangerous.

It sounds to me like Erin was negligent because she was going fast around a corner, slipped due to the algae, and fell.

Unfortunately, she's giving outdoor enthusiasts a bad name. She should file for bankruptcy or get a loan.

Why should the rest of us pay for something that's mostly her fault? If she had been biking slowly, she most likely wouldn't have broken her hip.

Obamacare will further destroy our economy.

I'd rather have Bush back any day.

So if they fix this stretch of road, all other such accidents won't occur?

That's ashame. I love the way the creek flows across the road like that. It's has a nice rural feeling to it. We all know we're taking a risk when we ride a bike across it.

To all the roadies out there. The other really bad spot in the county is at the sharp turn coming downhill from Hope Ranch to Hendrys beach- you know the one. I used to ride this route almost daily so I knew/know of the hazard. Years ago I was riding w/ a guy from the UCSB water polo team. He thought he would be a hero, and before I got a chance to warn him about the sharp curve and gravel down there, he took off at full speed. Needless to say, when I got there I didn't see him up ahead. Why? Because he had suffered a huge crash on the gravel and was over the side of the road with a broken arm. Did he sue the county? No, but his water polo coach was very pissed cuz he missed the season. Lesson: know where you are riding and SLOW DOWN if you don't know what is up ahead.

These spots like Bella Vista and Romero are just so, so much worse than any other place I'm aware of. No comparison with the gravel exiting Hope Ranch to Hendry's, not even close.

Think of permanent black ice on the road... if you are anything but at perfectly 90 degrees straight up, you fall (when the algae is there).

Now I guess actually the County has actually gone and scraped the algae a few times.

Remember: not even a sign warns people of the recurring hazard.

howgreenwasmyvalley is on to something re: "Ken and Barbie". I have lived in SB my whole life, and am happy to enjoy the plentiful natural resources with which we are graced. I must drive in a car to get around town, and, living near Modoc, encounter bicyclists every day, and as much as I hate to stereotype any group, I experience inconsiderate and arrogant cyclists who break the laws every day - yes, every day. One of my biggest pet peeves is when there is ONE cyclist, and he or she refuses to remain within the confines of the bike lane (is there any community anywhere who defers to the biking community as much as SB in the design of our roads, which leave ample room to ride safely out of traffic?), creating a hazard to themselves and drivers. I go out of my way to be proactive regarding bike riders, as I can trust what I am going to do, and trust that I will obey the laws pertaining to driving on public roads as defined by the DMV manual, which states that ANY vehicle must adhere to ALL the laws, including stop signs and red lights (yeah, right!), signaling for turns, speed laws, not driving on sidewalks to avoid having to stop, etc. I have almost collided with bike riders more times than I can count, even taking precautions to be courteous to them and deferring to them, even when they are breaking the law. Arrogance, ignorance, and self-entitlement are not reasons to summon up road rage, but I have been tempted.

WRT this article, this young woman should either have exercised greater caution, or, when she didn't, accept as many above have said, that there are inherent risks in many outdoor activities. As a side note, it really irks me when some stupid person wanders into the "wilderness" unprepared, and then we have to use our stretched resources paid for with tax dollars to "save" them from themselves.

WARNING: If you go to a creek in one of our parks, and wander down to the rocks, they are slippery, too, so get a lawyer, just in case you slip and fall, so you can sue the County for not scrubbing all the slippery rocks.

Does anyone know what the official age is for being required to accept personal responsibility for one's action's? It appears to me from the picture that this young woman is old enough to be responsible for her own actions. As someone else noted, she is lucky to be alive, and should look at this as a learning event, and act accordingly, not blame someone else and act as if she is a victim. Grow up!

Oh - I forgot - Lars, you are an uninformed hater.

Most creeks do not run over roads in our County... the usual thing is to place creeks in culverts and roads on bridges.

Roads for vehicles are *not* the same as trails in parks.

Bella Vista/Romero is a recurring predictable hazard, with no signage to warn people. And it is way, way more slippery than anything else anywhere. Sorry, this one is the County's fault, in my opinion.

Irritation with cyclists is understandable, and many cyclists mess up badly. But the great majority follow the laws.

And from the other side, 5 or so cyclists *have been killed* by careless motorists in our County in the past few years while the cyclists were doing totally legal and safe stuff.

Remember Jake Boysel, a kid riding on Calle Real, in the bike lane, and a careless driver rammed him and killed him. Or Kendra Payne. Or Eric Okerblom.

Lol I love you bill! Kingprawn, I was referring to a type of person that she is going to get lumped into with because of her "claim" that will become a lawsuit due to her not having medical insurance. When you do something risky, such as riding on a bike on a twisty mountain road, things may happen to you. Have you ever driven the 150 on a nice Saturday and come around the corner to see a group of byclists in the middle of the road? Or had to slam on your brakes on the city streets because a bicycle rider has decided to blow through their red light and cut in front of you?

I'm sorry but my registration fees go towards maintaining the roads and I have yet to hear how bike riders are paying fees that go towards the same roads. The road IS passible but may at times be slippery and used with caution. It happens, it's nature, not the city's fault. If a bike rider does not want to assume the risks associated with riding on back mountain roads, such as the potential for rock slides, animals in the road, cars, algae, etc., then they should stay off them. And as all car drivers must have insurance to provide for liability, bike riders should too. There would be a lot less woe is me going on!

At some point you have to take responsibility for your own actions. Blaming the city for not child-proofing back country roads is ridiculous.

"I'm sorry but my registration fees go towards maintaining the roads and I have yet to hear how bike riders are paying fees that go towards the same roads."

Amen to that. I would like to expand on my first point by saying that in the whole of Santa Barbara county it would stand to reason that there are many other such hazards and also that hazards come up over time in the form of potholes, debris, oil spills, and possibly other occurances. While it is the county's job to maintain the roads, there is only so much they can do.

Let's say for the sake of argument that Tague is right in saying that the county should have tended to, and fixed the spot in question and that she is awarded punative damages. Let's take that concept and expand upon it by imagining what would happen if the county were flooded with requests to fix every single patch of road that might be dangerous to bike riders and if they didn't fix them in time, they could get sued. Imagine the money plaintiffs would be making. If this spot where Tague had her accident must get fixed according to law,*all* such spots must get fixed. The answer lies in how many of these spots exist, and when and where future hazard areas exist.

I'm noticing that the new trend is for bike riders to use the 154. I cringe when I see these people because between the increasing numbers of them, and the increasing numbers of wine bars in the Santa Ynez Valley, it's only a matter of time before we see a tragedy. Who will get sued then?

In the meanwhile, I see bike riders every day piloting their bikes like maniacs so it's incumbent upon them to use their heads. I can hope, can't I?

Here's a thought--just a thought. What if someone who has a lot of spare $$$ offers to pay her medical bills on the condition she won't sue? Would she take the offer?

Is this lawsuit out of desperation because she's obviously overwhelmed with medical bills and/or based on ideological grounds?

It's not the city, it is Santa Barbara County, that has responsibility and jurisdiction for Bella Vista/Romero.

Accidents from occasional oil, debris, sand, gravel, etc. are not the sort of thing that could bring successful lawsuits, because they are occasional and unpredictable.

However, recurring and predictable unsafe conditions that have existed for years, like Bella Vista/Romero are a different matter entirely. The County has been notified repeatedly and has neither posted signs nor addressed the problem.

Seems to me that just about every cyclist in the county is aware of the algae at this location and its potential dangers:

“'I knew water was there,' said Erin Tague"

"I have always considered the stream crossing on Bella Vista at Romero Canyon unsafe.'" - 2006 letter

"Bicycle riders are well aware of the algae that can build up near creek crossings." - Caption re: algae

Enough said.

Also, I suggest her attorney might want brush up on his basic evidence law -

“I want to mediate the case since they’ve already admitted to liability,” he said, pointing to the letter as well as the new signs going up.

Putting up new signs is NOT an admission of liability and any evidence of such will not be admitted to prove liability - it is excluded as a "subsequent remedial measure" under CA Evidence Code sec 1151.

Bill, I think it is someone looking for an "easy" solution to their problem. My mom died recently from lung cancer after having been a heavy smoker. She started as a teen when nobody knew it was bad and quit in her early 40's when there was no way that she didn't know it was dangerous. Non smoking for 17 years and got lung cancer anyways. In the hospital they gave her the wrong saline and it may have contributed towards her holding water and drowning from fluid in her lungs. She died horribly and sooner than expected.

She didn't have medial insurance or savings so her children had to raise funds to pay for her funeral. Should we have sued the tobacco company for getting her hooked which later resulted in the cancer? Or should we have sued the hospital for giving the wrong type of saline? Maybe... instead we begged, borrowed and put whatever money we had towards her funeral (we are still repaying loans) and as of yet haven't been able to raise money for her grave stone. Why? Because she chose to smoke and that choice killed her. She knew it wasn't good for her. The burden is on us because we love her.

Erin took a risk she knew was there and in the process she sustained an injury. She took an assumed risk... she should deal with the outcome without trying to cost the city money that could be put towards more important things. She takes a risk every day by not having medical insurance. That's her choice and the injuries, while I'm not happy she got hurt, are her burden to pay for. If she allows her claim to go to a suit and tries to get coverage for her medical bills it will clearly show her lack of character and sense of personal responsibility.

This whole idea of 'Insurance' is brought to you by loan shark gangsters who make billions (trillions?) off of us, all the while giving us sub par service, or none at all.

Spacey, if you think government is going to run health insurance better than the free market I have a bridge to sell you.
The fact is the costs of medical care is very high thanks to uninsured ppl seeking care in emergency rooms and burdening the system. That expensive bandage is really priced for 100 bandages that poor people got for free. So government really should just stay out of the health care biz and secure the borders, make it easier for companies to hire more ppl by giving tax breaks and just chill on pork spending that raises taxes which effects everyone.

If she was an illegal immigrant she wouldn't have to pay for her medical bills. Perhaps her second mistake (after not buying medical insurance) was speaking english at the hospital.

Gordo - do you and Lars hang out?

For what it's worth I remember someone once telling me there was (still is?) a legal term called "notorious hazard" which means that if a hazard is obvious and well known that the property owner is not responsible. Someone with an understanding of law can hopefully clear that up in this thread.

If she wins this case it could be a landmark case and how many other people will start suing because the county can't move fast enough to fix all the hazards that exist and come up?

It is a sad state of affairs where an accident will drive an American citizen into bankruptcy but an illegal immigrant will have their debts forgiven. Yes, Gandalf47, that bothers me. Perhaps you'd like to explain why that doesn't bother you.

That spot at Bella Vista and Romero is way, way slipperier than any standard wet road. Anyone who extrapolates from the situation there to suits over random potholes and gravel is merely playing a rhetorical trick.

No way does it qualify as a notorious hazard... a standard bike rider out for a standard ride stands a near-100% chance of falling there, when the algae has built up, without the problem being obvious at all. Now those of us who ride a lot know all about it... and even if this suit is lost, a real public service has been performed by Erin and the Indy in publicizing it for everybody.

All the discussion of medical care in the US is pretty non-sequitur. However, the uninsured cost about $60 billion out of $2.2 trillion spent each year in the US. No way to claim the huge X20 or so markups of hospitals like Cottage are due to the uninsured... the numbers simply don't pan out. Mainly places like Cottage want big profits and high salaries for their high administrators. Now a salary cap for all medical folks receiving any insurance payments of, say, $300K/year, that would make sense to me. Let there be a free-market health system too if you want to pay for the best orthopedist in the world or the best cardiologist. But anyone should be able to live on $300K/year.

Oddly enough, most general practitioners make quite a bit less than $300K/year, and the system really tries to screw them. Well that is a long discussion.

As I wrote in my first comment, this is yet another example of the Great American Health Care Crisis/Tragedy/Joke.

And this is the "free market" response to health care.

County roads are maintained via sales taxes, which are contributed by motorists and bicyclists and everyone else.

Bill - could the term be "attractive nuisance"? That has to do with obvious dangers and children trespasser - and the name is cool too!

Or perhaps, a "dangerous condition"?

Not an attractive nuisance.... it is a standard road used for garden variety gettin' from here to there. In 100's of other such locations on standard roads around here, creeks are put under the road or the road over the creek.

We do get gas tax redistributed from the State. Unfortunately, that gas tax is a flat fee per gallon; it is not a % of the price per gallon, and has not been indexed for inflation. Hence the need for our sales tax measure that also funds roads.

Because most bicyclists who frequent that road knew about the hazard, it seems like they should have banded together to make a warning sign if it was so dangerous. My point is that we need to take matters into our own hands and stop expecting government to parent us. Yes it may not be completely kosher to have a non-government placed sign there but at least in the interim till it's resolved it might save a broken bone or two.
This issue brings Katrina Hurricane to my mind--there were so many local resources that were not implemented, like buses from a private company, because they waited for an okay from big daddy government. Shoot, hot wire those buses and get the heck out of town if that's what it takes!!

Fresh popcorn! Get yer fresh buttered popcorn right here!
Kingprawn nailed it. Some of you are colossal dolts.

We should play Spot The Neocon, but that would be far too easy in this thread. Far too easy . . .

Yes, universal health care in CA and in Amerika, pleeeease!

Bill - could the term be "attractive nuisance"?

I clearly remember being told it was "notorious hazard". Anyway, I don't know if that is an actual legal term.

There are a lot of comments blaming the cyclist for not having health insurance. If only health insurance could save you from having accidents or paying outrageous medical bills!

I pay more than I ever have for health insurance and I was the victim of a traffic accident last year. Now I am facing medical bills in the tens of thousands - more than my insurance company actually paid.

The people who commented that having health insurance would have saved her anguish have obviously never had to take legal action just to get their insurance company to pay the portion that they are legally obligated to pay. It is a nightmare to deal with when you are sick or injured.

On the other hand, if my granny on Medicare had been a victim in the same accident, Medicare would have paid for all of it and she wouldn't have had to argue with anyone. Government-funded, privately-delivered!

I can't wait to get old.

How about we all do fund raisers for her said amount. But send her back to wherever she came from. In AZ they have a law called "stupid motorist " basically during a storm when creek crossings have water flowing over them if you cross and anything happens to you, you are at fault and must pay all cost. She knew of the hazard and still proceeded across. She should have stopped got off and walked the bike across the water crossing.

Odd how no-one wants to hold our rather well-paid County employees to account for keeping our roads in safe condition. Most commenters here are content with roads in poor condition and presumably the Publics Works guys eating donuts.

All of you commenters who are worried about paying a settlement could certainly band together and put up a sign to save the County money.

Hilarious to compare the trickle of water that causes slippery algae to an Arizona storm.

Don't apply your brakes in unsafe conditions when crossing a stream in Summer when there is algae in the creek. Especially if you don't have health insurance.

Speed up & keep the gyros (tires) working for stability. But that's merely a hypothesis. Someone should test the effects of velocity on sliming in low-traction situations. Mythbusters, mount your bikes!

@Adonis_Tate

The gyroscopic motion would be rendered ineffective, due to the low-friction/lack of traction condition, created by the algae-covered surface of the creek rocks--and their smooth, tumbled/eroded surfaces. As soon as the traction is lost, then whaever combination of forces (gravity, and velocity/momentum) will cause a fall.

As a 'thought experiment', it does make me wonder if an extra, free-spinning gyro, attached to the bicycle frame would have any effect on the fall--like would it slow down the falling reaction, due to the gyro "fighting" to say upright, or would it not matter at all?

As for the article, I think Ms. Tague needs to suck up her own medical costs--although I don't blame her for making a grab for what she can. Basically, she knew there was a hazard, but her failing was in addressing the danger level correctly, and applying the right amount of caution. In retrospect, she should have walked her bicycle across, but at the time she was simply moving "too fast for conditions" (with a nod to 'howgreenismyvalley', and the Vehicle Code). Also, it's not reasonable to expect the county to make the world safe for her (or any of us).

sounds like Ms. Tague is looking for a third party to wipe the egg off her face for her. i find it hard to find fault with the county when the Ms. Tague admits she knew there was water there, that it was slippery, and rode through it anyway without exercising due caution (and therefore the negligent one).

thankfully, the county has sovereign immunity and can refuse the claim (and the law suit, should it occur).

being an engineer, I am curious what type of impact must occur to break one's hip. I am pretty sure that one can not break a hip by standing and simply falling over. I am pretty sure one would have to have considerable speed and impact the pavement with force. This tells me that Erin was traveling too fast for the crossing, especially knowing that water is on the roadway. Sorry Erin, but I think you are wrong to sue for damages.

Listen guys, if a car would fly off the road at some street corner with an increasing frequency, wouldn't you expect the county to do something about it??

Without including the anonymous riders in the blog section,
i now know several riders who all fell on the same location:
6yr ago, Denise
5yr ago, Elizabeth
early June 2010, Paula
July 14 2010, Erin
July 18 2010, Brandon
Aug 1 2010: me
Aug 2 2010: Jeff
and public works came that first week of august to remove some of the moss.

Given the statistics, you tell me these are all 'accidents' unforeseeable and unpreventable which occurred from careless riders?

I am a rider with 20yr of experience, and have never experienced anything like this. This is more slippery than anything i have ever known or experienced. Was I speeding? Well, no, I was following a friend of mine [was my first time on Bella Vista], and he got across fine. Perhaps, I had a slightly different trajectory [it is downhill in a turn], perhaps i kept a slight pressure on the brakes, i don't know.

The creek is tiny compared to ColdSprings, barely a quarter of an inch of water, and about 4-6feet across. Nonetheless, I anticipated this crossing to be slippery, but had no time to realise anything, i was on the ground, fell hard on my head, luckily the helmet took the shock.

I've also got some anonymous, un-sourced, web-log statistics for YOU, mr. "piper413":

- 6yr ago, "Dawg", made it through unharmed.

- 5yr ago,"E-dawg", made it though and had a cupcake.

- early June 2010," P-diddly," had a cupcake, then drove right through.

- July 14 2010, "E-diddly," cookie-lover, tipped slightly, but got off and walked through.

- July 18 2010, "B-frog," two hands on a mango Blenders, sipped right through on a uni-cycle.

- Aug 1 2010: "me," I don't bike; prefer triple shot cappucino.

- Aug 2 2010: "TheGuyFormerlyKnownAsJeff." wobbly, splashed his Frappuccino(tm), and hydro-planed across.

Given THESE statistics, I'm demanding the County buy me a coffee every August 1.

re. Binky comment: ROFL!! funny,funny stuff!

Binky: you tend to be silly on occasion.

Santa Babara is a great place, but America sux. In nearly any other country, she would be patched up without gutting her financially. -AB www.andrewbaker77.com

but shes really trying to make a sad face guys! c'mon pay her bills Santa Barbara!

Maybe when (if) the Cold Springs bridge barrier is finished, suicidal folks will come to Bella Vista instead.

lmao binky, IV and Walter... thanks, I needed that! :)

So if she falls in her walker while crossing will she sue too? Looking at this photo of her with the walker and the way she is standing with her hip out, she looks fine to me. Seems like a lot of pressure on both hips if you're standing like that.

A legal metaphor of this case: Since the County/State knew the 154 is too steep for loaded trucks with failing breaks it is actually the County/State's fault and the driver should file a claim for making him kill three people yesterday. Even though he knew he was having break problems, he has no responsibility because the County build the unsafe 154. Is this not the same argument that Tague is making?

Oh yeah, I was watching the tour de france recap last week. Lance fell and put him out of contention. He should sue those dam french for those crappy roads!

Our dolphin pod was swimming deep underwater when I hit an air pocket and scraped the ocean floor injuring my tail.

To criticize the people's shortcomings is necessary, . . . but in doing so we must truly take the stand of the people and speak out of whole-hearted eagerness to protect and educate them. To treat comrades like enemies is to go over to the stand of the enemy.

"if you think government is going to run health insurance better than the free market I have a bridge to sell you"

That's not an argument, it's what stupid people substitute for one. Every industrial nation, and even the U.S. with Medicare, has government-run health insurance that is far better than what profit-driven corporations ("free market" is a propagandistic euphemism) provide.

"being an engineer"

Not a competent one -- competent ones don't base their conclusions on evidence-free "I am pretty sure" assertions.