As reported by AnnArbor.com, a woman that was injured in a crash with a bicyclist in an Ann Arbor park is suing the bicyclist, and is also seeking segregated paths for bicyclists and pedestrians in the future.
The suit was filed in the Washtenaw County Trial Court on April 4.
A bicyclist ran down J.H., a resident of Ypsilanti, on July 28, while she, her husband and daughter had been walking on a paved path in Gallup Park.
The cyclist named in the lawsuit, M.H., was attempting to pass the family when instead she rode into J.H. M.H. was allegedly traveling at a high speed and failed to apply her brakes. The impact sent J.H. headfirst into the air.
J.H. told reporters that in filing the lawsuit she hopes that other residents won't become victims in a crash. J.H. said, "I wish no more people get hurt like me, so I want anything possible to change the rules so there is no more people who get hurt."
According to the lawsuit, J.H. now suffers with severe brain damage, a herniated cervical disc and painful nerve damage – radiating from her head through to her legs.
Richard Bernstein, the attorney representing J.H., is seeking a trial by jury, $25,000 in damages, court costs, interest and attorney fees.
At press time reporters had not yet reached M.H. for comment. M.H. has been named as a defendant in the suit for negligence, negligent infliction of emotional distress and causing loss of society, companionship and consortium.
E.H., J.H.'s husband, explained that during the incident "I tried to grab my wife, but it was just too late. She was just struck so hard and tossed forward so hard. She was tossed 3 or 4 feet, and landed on the back of her head."
J.H. is unable to return to her job in food service – the University of Michigan had employed her for 22 years – and chronic pain keeps her from her former activities.
Besides suing M.H. the lawsuit seeks to bring awareness to the lack of safe, segregated pathways in Ann Arbor parks. Bernstein commented, "There is no excuse for having a single path for bicyclists and pedestrians. There needs to be segregation. You cannot have bicyclists and pedestrians sharing the same path. This is basic stuff that needs to be corrected and needs to be corrected immediately."
The suit states that there is a lack of signage in Ann Arbor parks that would designate speed limits and property safety advisories. Even if there were signage, the suit alleges that there is a lack of enforcement of park regulations.
Bernstein, who had been injured in a crash with a bicyclist himself in New York's Central Park, added, "The reason this is so important, and the reason we're so passionate, is people have a right to go to the park … and the challenge here is, as in Central Park, the cars and vehicles are more responsive to lights and traffic laws and bikes have a tendency to not do that because law enforcement has not made this a priority. A high-speed bike going at a very, very fast rate of speed can do just as much damage as a car."
Ann Arbor City Attorney Stephen Postema commented, "I'm certainly interested in making sure our parks are the safest they can be."
Being injured while enjoying an outing in a public place, possibly at no fault of your own, is grounds for a lawsuit. Contact a personal injury lawyer from our directory to help you today!