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Bike Tyre Launched Rocks

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Australia and New Zealand
Published
2 October 2003
Last activity
9 October 2003
Original author
Gags
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20
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  1. Was riding home today in a bike lane and without aiming for it, I managed to run over a reasonably
    sized rock. I'm sure most people have had rocks go flying at 90 degree or so to the way you are
    travelling but this one was a beauty.......went clear across the road and hit a fence still going a
    million miles an hour.

    I am about 97kg and run my tyres at 110psi and it seems that when I do launch a rock, it goes at
    approximately warp factor 9. I have had a couple hit parked cars, fences, houses, etc.

    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in a
    million" rock that took out someone's eye?? I would guess that if a car did this, their compulsory
    third party insurance would cover it but obviously that is not the case for a cyclist.

    My thoughts are that the council responsible for the road would be the ones responsible but I am
    no legal-O??

    Anyone got any ideas??

    Gags

  2. Gags,

    Ever thought of auditioning for the next Mad Max movie. I'm sure your trick with rocks and bicycles could fit into at least one scene.

  3. Sounds like it is "time to join BNSW" time and get access to their 3rd party policy - designed just
    for situations such as this. You could try shifting the fault to RTA (or whoever) but hey have
    bigger pockets than you.

    cheers

    Col

    Gags' drgagnon@nospam_ozemail.com.au said:

    Was riding home today in a bike lane and without aiming for it, I managed to run over a reasonably
    sized rock. I'm sure most people have had rocks go flying at 90 degree or so to the way you are
    travelling but this one was a beauty.......went clear across the road and hit a fence still going a
    million miles an hour.

    I am about 97kg and run my tyres at 110psi and it seems that when I do launch a rock, it goes at
    approximately warp factor 9. I have had a couple hit parked cars, fences, houses, etc.

    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in a
    million" rock that took out someone's eye?? I would guess that if a car did this, their compulsory
    third party insurance would cover it but obviously that is not the case for a cyclist.

    My thoughts are that the council responsible for the road would be the ones responsible but I am no
    legal-O??

    Anyone got any ideas??

    Gags

  4. "Gags" <drgagnon@nospam_ozemail.com.au> wrote in message news:ADTeb.154 <snip rock flinging issues>

    I've done a few beauties... one hit a car so hard I was sure he was gonna run me down for it! Damn,
    must've dented?!

    Anyway, in a car when this happens, nothing is even mentioned. It is just something you deal with,
    i.e. window chips, etc. Hitting someone in the eye, you'd probably be passed them before you even
    realised and they might be none the wiser. The damage would probably only be temporary anyway. I
    don't see how it could be anything other than an accident. You couldn't (well I'm sure a lawyer
    could) really even blame council - how often should they sweep the streets? It only takes a second
    for a car to drop a stone from its tyre onto the road.

    What if you get hit in the face with a rock flung from a car?

    One I regularly think about is getting smacked by the output of coucil mowers. When they mow
    median strips, I ride pretty close by the output 'shute' and I'm not sure if they use grass
    catchers or not?

    All this is not something I stress about, just when it happens I think to myself what Gags
    just wrote...

    stone-chippy hippy

  5. Gags <drgagnon@nospam_ozemail.com.au> wrote in message
    "]news:[email hidden]...

    Quoted message said:

    Was riding home today in a bike lane and without aiming for it, I managed


    to

    Quoted message said:

    run over a reasonably sized rock. I'm sure most people have had rocks go flying at 90 degree or so
    to the way you are travelling but this one was a beauty.......went clear across the road and hit a
    fence still going a million miles an hour.

    I am about 97kg and run my tyres at 110psi and it seems that when I do launch a rock, it goes at
    approximately warp factor 9. I have had a


    couple

    Quoted message said:

    hit parked cars, fences, houses, etc.

    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in a
    million" rock that took out someone's eye?? I would guess that if a car did this, their compulsory
    third party insurance would cover it but obviously that is not the case


    for

    Quoted message said:

    a cyclist.

    My thoughts are that the council responsible for the road would be the


    ones

    Quoted message said:

    responsible but I am no legal-O??

    An act of god maybe? Surely they could not pin something like that on you, unless it was clear that
    you were actually trying to hit the person with the rock. You could maybe sue the council, but can
    they be held accountable just because there is a small rock on the road?

    Perhaps you could post this to aus.legal, and see what they reckon.
    ---
    DFM

  6. "Deep Freud Moors" <deepfloydmars@yIaWONThBITEoYA!o.co.uk> wrote in message news:74Web.5033

    Quoted message said:

    You could maybe sue the council, but can they be held accountable just because there is a small
    rock on the road?

    Perhaps you could post this to aus.legal, and see what they reckon.

    Oh god no, not another "Car accident" thread!

    ;-) hippy

  7. "Gags" <drgagnon@nospam_ozemail.com.au> wrote in message
    "]news:[email hidden]...

    Quoted message said:


    My thoughts are that the council responsible for the road would be the


    ones

    Quoted message said:

    responsible but I am no legal-O??

    Anyone got any ideas??

    No idea where you would stand legally but I was pleasantly surprised by my home insurer a couple of
    weeks ago. It was renewal time and I was asking about having the treadly insured away from the house
    and also what sort of 3rd party I could get when riding. The treadly insurance was way too expensive
    but Mr Insurance (CGU) informed me I was already covered for 3rd party under the house and contents
    public liability component. I was sceptical at first so I asked the question: "If I am riding down
    the street and crash into a BMW, am I covered for the damage to the vehicle?" He replied "Yes, up to
    $X million, but not for damage to your bike". I cant recall how many million he said but it was more
    than I felt I would ever need. I'm not sure if it extends to personal injury, however, I don't see
    why it wouldn't as I am covered if someone injures themselves on my property.

    It was/is my understanding with compulsory motor vehicle 3rd party (TAC in Victoria) that all road
    users are covered for personal injuries that occur on the road network, including if I run a
    pedestrian over whilst cycling. Of course, I am no expert and all this could be complete [censored], feel
    free to correct my wild unsubstantiated claims.

    Cheers A

  8. Gags said:

    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in a
    million" rock that took out someone's eye?? I would guess that if a car did this, their compulsory
    third party insurance would cover it but obviously that is not the case for a cyclist.

    My thoughts are that the council responsible for the road would be the ones responsible but I am
    no legal-O??

    Anyone got any ideas??

    A problem with the legal system (besides the fact that it is based on violence) is that it always
    tries to find the party "at fault". Clearly, in an accident where negligence is not involved, as in
    this type of case, there is no one at fault; therefore, it is most clearly in these situations that
    it is up to the community to look after those affected by the accident.

    I know it's not the answer you were looking for! ;-)

    Cheers, from a 64kg MTB weakling, who also peddles furiously at 60km/h. Oh for a decent road bike...

    Bye for now.

    David

    --

    FORTH IF HONK THEN

  9. A said:

    ......... It was/is my understanding with compulsory motor vehicle 3rd party (TAC in Victoria)
    that all road users are covered for personal injuries that occur on the road network, ........

    I don't own a car and therefore don't pay 3rd party but still ride a bicycle. Where does
    that leave me?

    --
    Regards, Bob

  10. "Bob Byrne" <[email hidden]> wrote in message "]news:[email hidden]...

    Quoted message said:
    A said:

    ......... It was/is my understanding with compulsory motor vehicle 3rd party (TAC


    in

    Quoted message said:
    Quoted message said:

    Victoria) that all road users are covered for personal injuries that


    occur

    Quoted message said:
    Quoted message said:

    on the road network, ........

    I don't own a car and therefore don't pay 3rd party but still ride a


    bicycle.

    Quoted message said:

    Where does that leave me?

    --
    Regards, Bob

    I was wrong! I called TAC for clarification and cover depends on the accident and by the sounds of
    it gets complicated. Bear in mind the TAC only pays for personal injury, not property claims.

    A few examples:
    1. If I run over a pedestrian whilst cycling, neither of us is covered.
    2. If I collide with a parked motor vehicle, I'm not covered. I'm not sure what happens if a motor
    vehicle is parked illegally.
    3. If I collide with a motor vehicle 'in use' it depends on the situation. I couldn't get a
    definitive answer, the impression I got was that if I am completely at fault I will not be
    covered. If the motor vehicle is at fault, I will be covered. I was advised that its not that
    simple and you should lodge a claim and see what happens.

    The 'in use' qualification is my terminology, not theirs. I have no idea how they differentiate a
    parked car from a car 'in use'.

    Interestingly, you will be covered in examples 2 and 3 if you are cycling to or from work regardless
    of other circumstances.

    Again, I am not a legal expert so don't use this information as legal advice.

    Cheers A

  11. Quoted post said:

    Originally posted by Bob Byrne
    I don't own a car and therefore don't pay 3rd party but still ride a bicycle. Where does
    that leave me?
    [/B]

    Yes, maybe a wise move to some R&D into this issue.

    Remember launching a empty Oasis fruit juice bottle across one lane of Hoddle St several years ago. The facts were, car traffic was too heavy for me to be on the road, so I was on the footpath*. Too dark to see mentioned glass bottle, ran straight over it at speed. Bottle popped out from under the rear wheel, into moving traffic. Luckily it missed any cars and was duly smashed to a million ittsybittsy bits by a big truck.

    More amusing was a "own goal" I scored on the Upfield bikepath on the steep little hill over Albion St in Brunswick. Being very tired at the end of a long day, I was sloppy changing shifters, when a tooth from the middle ring snapped off, flew upwards & grazed my left knuckle through the bike gloves.

    ah, stoopidity+low end components........

    (*this was pre-Dec.1 1999)

  12. "A" <[email hidden]> wrote in message "]news:[email hidden]...

    <...>

    Quoted message said:

    1. If I run over a pedestrian whilst cycling, neither of us is covered.
    2. If I collide with a parked motor vehicle, I'm not covered. I'm not


    sure

    Quoted message said:

    what happens if a motor vehicle is parked illegally.
    3. If I collide with a motor vehicle 'in use' it depends on the situation.

    <...>

    Quoted message said:

    Interestingly, you will be covered in examples 2 and 3 if you are cycling


    to

    Quoted message said:

    or from work regardless of other circumstances.

    That's good!

    The riskiest riding I do is when I commute (roads in the rain etc).

    <...>

    Tim

  13. "cfsmtb" <[email hidden]> wrote in message "]news:[email hidden]...

    Quoted message said:

    glass bottle, ran straight over it at speed. Bottle popped out from under the rear wheel, into
    moving traffic. Luckily it missed any cars and was duly smashed to a million ittsybittsy bits
    by a big


    truck.

    Sheesh! all this time I've been blaming drunk bogans for the smashed glass on the roads... It was
    cyclists all along!! :-P

    Quoted message said:

    a tooth from the middle ring snapped off, flew upwards & grazed my left knuckle through the bike
    gloves.

    That's crazy!

    hippy lost many freewheel teeth, none of the body piercing variety...

  14. I agree with what was said about it simply being an accident........good example was stone chips
    caused by car coming the other way (very common)...

    After actually trying to launch a few on the quiet bits of road on the way to and from work today, I
    would say that it could only be an accident as for the life of me I couldn't actually get any rocks
    airborne intentionally!!! I was thinking that if I could work out where to run them over that they
    could become a fortunate "accident" when riding past some deserving moron in a car who has just
    tried to run me off the road and has then got stuck at the lights.

    Although there would be a ton of factors that would need to come together for this to happen.......

    1. I would have to get cut off (actually fairly likely)
    2. Moron would have to get stuck at lights (I love it when this happens)
    3. Rock of suitable size/shape would have to be adjacent to and within the length of the moron's
    car (this is where I am starting to stretch it a bit)
    4. Would have to run over rock just right to launch it in the right direction (From my efforts
    today, this reduces probability to approx zero)
    5. Car would preferably be new, shiny, and expensive (odds are even......morons drive all
    types of cars)

    oh well........you gotta have dreams......

    Gags

    P.S. I used the word moron as it is a lot less offensive than what I call these people in reality

  15. Sounds like it is "time to join BNSW" time and get access to their 3rd
    : party policy - designed just for situations such as this. You could try shifting the fault to RTA
    : (or whoever) but hey have bigger pockets than you.
    :
    : cheers
    :
    : Col
    :

    Agree

    BNSW membership for you or the whole family is pretty cheap. Gives you 3rd party property and 3rd
    party injury.

    Pete

  16. Bicycle NSW membership includes 3rd party insurance.

    Check out membership here bicyclensw.org.aumodules.php

    Gags' drgagnon@nospam_ozemail.com.au said:

    Was riding home today in a bike lane and without aiming for it, I managed to run over a reasonably
    sized rock. I'm sure most people have had rocks go flying at 90 degree or so to the way you are
    travelling but this one was a beauty.......went clear across the road and hit a fence still going a
    million miles an hour.

    I am about 97kg and run my tyres at 110psi and it seems that when I do launch a rock, it goes at
    approximately warp factor 9. I have had a couple hit parked cars, fences, houses, etc.

    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in a
    million" rock that took out someone's eye?? I would guess that if a car did this, their compulsory
    third party insurance would cover it but obviously that is not the case for a cyclist.

    My thoughts are that the council responsible for the road would be the ones responsible but I am no
    legal-O??

    Anyone got any ideas??

    Gags

  17. "Gags" <drgagnon@nospam_ozemail.com.au> wrote in message
    "]news:[email hidden]...

    Quoted message said:


    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in a
    million" rock that took out someone's eye?? I would guess that if a car did this, their compulsory

    Has anybody ever managed to claim for a broken windscreen caused by a rock thrown up by a passing
    car? Never heard of it happening. Probably best to do what the insurance companies used to insist
    their clients do and that is not admit liability or responsibility.

    Having said that a bloke I used to work with at one time drove a mower for the council and the
    council would pay for any damage caused by stones thrown up by the mower.

  18. "John Doe" <[email hidden]> wrote in message
    "]news:[email hidden]...

    Quoted message said:


    BNSW membership for you or the whole family is pretty cheap. Gives you


    3rd

    Quoted message said:

    party property and 3rd party injury.

    BUT the last time I read the policy it didn't cover the first $1000 which is a pretty large sum for
    some people. Mind you it is better than no cover at all.

  19. Deep Freud Moors' deepfloydmars@yIaWONThBITEoYA!o.co.uk said:

    Gags <drgagnon@nospam_ozemail.com.au> wrote in message
    "]news:[email hidden]...

    Quoted message said:

    Was riding home today in a bike lane and without aiming for it, I managed


    to

    Quoted message said:

    run over a reasonably sized rock. I'm sure most people have had rocks go flying at 90 degree or
    so to the way you are travelling but this one was a beauty.......went clear across the road and
    hit a fence still going a million miles an hour.

    I am about 97kg and run my tyres at 110psi and it seems that when I do launch a rock, it goes at
    approximately warp factor 9. I have had a


    couple

    Quoted message said:

    hit parked cars, fences, houses, etc.

    My concern is I wonder where I stand legally if a rock that is unwillingly launched causes some
    damage (eg. paint chip on car, smashed window, etc.) Or worse still, what if I managed a "one in
    a million" rock that took out someone's eye?? I would guess that if a car did this, their
    compulsory third party insurance would cover it but obviously that is not the case


    for

    Quoted message said:

    a cyclist.

    My thoughts are that the council responsible for the road would be the


    ones

    Quoted message said:

    responsible but I am no legal-O??

    An act of god maybe? Surely they could not pin something like that on you, unless it was clear that
    you were actually trying to hit the person with the rock. You could maybe sue the council, but can
    they be held accountable just because there is a small rock on the road?

    Perhaps you could post this to aus.legal, and see what they reckon.
    ---


    hahahahahhaha hahahahahhaha hahahahahhaha hahahahahhaha hahahahahhaha hahahahahhaha hahahahahhaha
    :P aus.legal hahahahahhaha hahahahahhaha hahahahahhaha 🙂

    lurk there for a while , you'll see what i mean 😉

    Quoted message said:

    DFM

  20. Kind of unrelated, but the Yarra City Council apparentely had to shell out major $$$ several times a year to cover claims from miffed lemmings getting their windshields dinged from flying balls from the Burnley Golf course.🙄

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