A county government in Washington state has agreed to pay $3.5 million to bicyclist who fell and suffered permanent brain injuries on a road the county promoted as a bike route.
King County, home of the city of Seattle, agreed to the out-of-court settlement to pay for life-long care for the Jeffrey Totten, who was 31 years old at the time of the accident in September 2006.
The lawsuit alleged that the county promoted Novelty Hill Road as a bike route but failed to maintain it in a safe condition.
Totten was on a training ride with friends when he struck a hole that had developed around a survey monument in the road. He was in a coma for seven months, spent time in a group home and now lives in a group home where he receives around the clock care.
Attorneys for Totten explained the case to the Seattle Times:
Totten was put in danger because of a lack of communication between the county Parks and Recreation Division, which promoted Novelty Hill Road in online and printed maps as a bike route, and the Road Services Division, which allowed a hole around the survey marker to grow deeper with successive paving jobs.
A spokesperson for King County said:
“With the involvement of a mediator we were able to reach a settlement of this case without the necessity of a difficult and lengthy jury trial. We feel the settlement will insure that Mr. Totten has the resources he needs to secure his future well-being and medical needs.”
The case was scheduled to go to trial this week. Attorneys originally had asked for $20 million.
Totten had competed in triathlete events and was training for the Paris-Brest-Paris bike race at the time of the crash.
More information at Messina, Bulzomi Christiansen. The photo above shows Jeffrey and Danielle before the accident.
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