Washington Injury Law Blog

If you were riding your bike over a bridge and a seam in the roadway was so large that it caused you to crash. Before you know it you’re flying over the handle bars and landing on your head. Your head impacted the road so hard that your helmet was split in half and you were left with a bruise to your spinal cord, which has left you in a wheel chair for the better part of two years now. You would probably be mad that someone hadn’t fixed the road or allowed it to become so dangerous for a bicyclist like yourself. This is the story of Mickey Gendler, a man who was paralyzed in a 2007 bicycle accident while riding over the Mountlake Bridge in Seattle.

Eventually you might want to know if other people have suffered the same fate and been injured by the defective or unrepaired bridge roadway. Mickey and his attorney have requested copies of past reports of crashes by bicycles on the Mountlake Bridge. Unfortunately, the Washington State Patrol and Washington Transportation Department refused to disclose any past reports of accidents on the bridge. 

The State patrol and Transportation Department claimed that federal law allowed them to deny such requests if the reports may be used in a civil lawsuit. Huh, any public record produced in regards to an accident has the possibility to be used in a lawsuit. As a Kirkland bicycle accident lawyer I have requested and received countless copies of accident reports in connection with cars hitting bikes or other cars. The State Patrol has never refused to produce an accident report I requested.

But in Mickey’s case the State of Washington itself is a potential defendant because the State built and/or maintained the bridge roadway. So they conveniently denied disclosing information that is routinely disclosed freely in other potential litigation scenarios.

Luckily, a Thurston County Judge saw through the State’s BS and determined that the past reports of crashes on the bridge are public information and subject to the disclosure requirements of Washington Public Disclosure Act. This means Mickey and his attorney have the right to the records of past crashes. Seems like a no brainer to me, but in my experience you never know what a judge will do until a ruling is in hand. If there have been multiple crashes and injuries on the bridge seam, which the State knew about but did nothing to repair the road, then the State should be held accountable.

Stayed tuned, as the State may appeal the decision to a higher court. I for one hope the State does. Some legal precedent on the matter could then be set and it will resolve the situation once and for all.

Best of luck Mickey!

Max Meyers, Esq.

Source:  Seattle PI, 2.4.09