Paralyzed Cyclist Gets $10M From Washington State County

Introduction

After more than six years, a cyclist who was paralyzed from the neck down in a collision on a King County route received the justice he had been seeking.

The plaintiff was an enthusiastic biker who rode his bike a great deal. When he collided with a metal bollard, a post meant to stop cars from driving on bike routes, he lost his passion for riding forever. In March 2017, the 67-year-old struck the post after failing to notice it amid the Green River Trail.

The plaintiff reportedly tumbled over and shattered his neck, according to the lawyer. He was rendered quadriplegic at that point.

He required a ventilator for almost seven months. He was never going to get off, doctors said, but he did. When the plaintiff hit the post, he was traveling at roughly 15 mph, shattering his carbon fiber frame in two. On the day of the collision, it was cloudy, wet, and foggy.

The plaintiff's counsel claims that riders do not frequently see these metal posts. About ten years before the plaintiff's accident, the federal authorities advised against using them except in extremely limited cases when there is a known history of motor vehicles joining the route. The history of this specific area was nonexistent.

Additionally, court records demonstrate that the Federal Highway Administration is aware of the dangers associated with bollards in general and cautions that even bollards that have been 'properly' erected still pose a major and even deadly safety risk to inexperienced trail users. According to the lawyer, the plaintiff's credibility became crucial to the case. He firmly said that he was paying attention, as he always does, but that he simply did not notice this specific bollard.

The director of King County's Department of Natural Resources and Parks said, while we may never know the precise circumstances surrounding the cause of the plaintiff's injury on our trail, King County Parks wants to express our sympathy to the Schwartz family and our continuing commitment to make our system as safe as reasonably possible for our park and trail users.

When the lawsuit was initially brought, King County successfully argued that it should be dismissed. The Pierce County Superior Court decision was subsequently challenged by the attorney, and the Court of Appeals decided in the plaintiff's favor.

King County then appealed the case to the Supreme Court, which found in the plaintiff's favor, and remanded the matter to the trial court for a jury trial. The trial had been planned for August 2023, but after a full day of mediation, a deal was reached and there was no trial.

The county ultimately agreed to pay $10 million to settle the case, thus recognizing that the plaintiff was not solely to blame.

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