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Family of girl killed during SC bike ride sues MS Society
WIS TV ^
| 10-15-2007
| MissEdie
Posted on 10/15/2007 8:58:36 AM PDT by MissEdie
CHARLOTTE, NC (AP) - The family of a 15-year-old Charlotte girl killed in a charity bike ride is suing the National Multiple Sclerosis Society.
The lawsuit alleges that the MS Society promised traffic control and police protection it didn't deliver, and routed the 2006 Breakaway to the Beach from Charlotte to North Myrtle Beach, SC, along a stretch of narrow and busy highway unsafe for bicyclists.
The lawsuit does not say how much money the family is seeking.
Rachel Giblin was killed on Sept. 16, 2006, after a pickup truck hauling a trailer hit the tandem bike she and her older brother were riding along U.S. 15/401 near Society Hill, S.C. It was Rachel's third MS ride, which raises money for research, local programs and helps increase awareness of the disease.
The MS Society wouldn't comment on the lawsuit, but released a statement saying it does everything it can to ensure rides are as safe as possible.
TOPICS: Culture/Society; Miscellaneous
KEYWORDS: lawsuits; ms
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I do not know what to say about this. I am sorry they lost their daughter, but to sue the MS Society?
1
posted on
10/15/2007 8:58:41 AM PDT
by
MissEdie
To: MissEdie
I am sorry they lost their daughter, but to sue the MS Society?As Presidential candidate John Edwards will tell you - do not focus on who was at fault: focus on who has the deepest pockets!
2
posted on
10/15/2007 9:02:04 AM PDT
by
wideawake
(Why is it that so many self-proclaimed "Constitutionalists" know so little about the Constitution?)
To: wideawake
That would be funny if it wasn’t true!! Wonder if he’s the family’s lawyer?
3
posted on
10/15/2007 9:03:45 AM PDT
by
MissEdie
(On the Sixth Day God created Spurrier)
To: MissEdie
Sad, I have done 12 MS bike rides and there are usually great traffic controls along the 190 mile route. However, there are always accidents, the vast majority being because someone on a bikes makes a dumb mistake.
4
posted on
10/15/2007 9:03:59 AM PDT
by
trumandogz
(Hunter Thompson 2008)
To: MissEdie
Sad, I have done 12 MS bike rides and there are usually great traffic controls along the 190 mile route. However, there are always accidents, the vast majority being because someone on a bikes makes a dumb mistake.
5
posted on
10/15/2007 9:04:00 AM PDT
by
trumandogz
(Hunter Thompson 2008)
To: wideawake
Ensuring that these type of charity events will be eventually stopped.
6
posted on
10/15/2007 9:04:09 AM PDT
by
GOP_Proud
(I'm really tired of the Paulie WalNUTS.)
To: MissEdie
I don’t know, it sounds to me like they have a case. If the MS Society promised a safe channel for bikers on a road not meant for biking it wasn’t provided, they could be negligent.
Not sure why because it’s the MS Society that that should make any difference? Does being a charitable organization absolve them of responsibility for the events they hold?
To: GOP_Proud
Sounds like they may have to hold bike rides to pay for the liability from their previous bike rides.
To: wideawake
Plaintiff lawyers truly are some of the worst people in the world.
9
posted on
10/15/2007 9:11:45 AM PDT
by
BenLurkin
To: trumandogz
What is sad is the states that have given bicycles the same ROW privileges as cars. Ludicrous. Bikes need to stay off the roads since in the last decade you have seen vehicle traffic skyrocket and infrastructure improvements lag behind, not to mention the idiots that are given driver’s licenses.
If bike are going to ride on roads then the operators need to pass the same driving test and be licensed just as automobile operators.
I expect flames from the spandex crew.
To: Slapshot68
Typically the local law enforcement agencies do traffic controls along the route.
11
posted on
10/15/2007 9:12:41 AM PDT
by
trumandogz
(Hunter Thompson 2008)
To: trumandogz
Unless I missed it, the article didn’t mention who was at fault here - the bike rider or the pickup driver.
12
posted on
10/15/2007 9:14:04 AM PDT
by
jdm
To: MissEdie
We just had a county here in Iowa settle with the widow of a man riding on Ragbrai. (Ragbrai is a huge ride across Iowa held every year). Guy’s tire got caught in a center line joint on the highway, he crashed and died. The county just settled on recommendation of the insurance company, so the county will no longer allow the ride to come through. These settlements are nuts.
13
posted on
10/15/2007 9:15:01 AM PDT
by
cspackler
(There are 10 kinds of people in this world, those who understand binary and those who don't.)
To: trumandogz
“Typically the local law enforcement agencies do traffic controls along the route.”
Obviously, we don’t know the full breadth of the case. The article stated that the parents claimed the MS Society promised a safe route, which I assumes means traffic control. If she was hit along that route, particularly if it was an area that was supposed to be patrolled per the MS Society’s promise, her family may have a case.
This is one of those stories were a couple of sentences just doesn’t cut it in terms to garnering the exact details.
To: cspackler
I HATE LAWYERS! (I think I’m going to go outside and scream for a little while...)
To: Resolute Conservative
You forgot the “auto users pay road taxes, fuel taxes and registration for same.”
Bike riders are getting a free ride (sorry for the pun)
Ad from bicycle magazine
“Knowing what is in your immediate past can ensure your future...”
The product? A rear view mirror.
16
posted on
10/15/2007 9:18:43 AM PDT
by
ASOC
(Yeah, well, maybe - but can you *prove* it?)
To: MissEdie
17
posted on
10/15/2007 9:19:17 AM PDT
by
Jeffrey_D.
(Some people are alive simply because it's illegal to shoot them !!!!)
To: BenLurkin
Plaintiff lawyers truly are some of the worst people in the world.
And people that plan fund raising events by having children ride bicycles on highways are not much better.
To: trumandogz
I have done a couple 2-day MS bike-a-thons like this. And I can tell you that most of them had very good traffic controls, but one had VERY poor traffic control/route planning. I even made a comment that I hoped there was an alternate route for the kids because there were cars going past us at 65+ MPH no more than 3 feet to our left.
19
posted on
10/15/2007 9:21:23 AM PDT
by
SengirV
To: Slapshot68
The MS Rides are typically between 150 to 200 miles on state highways and through state parks. Most of the highways do not have much traffic and the route is well marked for both cars and bikes.
My guess is that either the bike or the truck drifted into the others lane or the bike or the truck failed to obey a LEO’s instructions at an intersection.
I would bet that it was the driver of the truck who is at fault for not obeying traffic controls.
20
posted on
10/15/2007 9:22:11 AM PDT
by
trumandogz
(Hunter Thompson 2008)
To: Jeffrey_D.
Organizers said at the time that the new route was not a response to Rachel's death.I wonder if this is what triggered the lawsuit. If MS figured any responsibility on their part, why did they change the route when 99.9% of participants made it back safely?
21
posted on
10/15/2007 9:23:10 AM PDT
by
jdm
To: trumandogz
Sad, I have done 12 MS bike rides and there are usually great traffic controls along the 190 mile route. However, there are always accidents, the vast majority being because someone on a bikes makes a dumb mistake.My first and last long distance ride was 60 miles and there was supposed to be traffic control. It worked for the first 20 miles. After that, you were on your on. The cyclists spread out too much for effective safety measures. There were two casualities, neither serious due to colisions with other cyclists. Scary day, but fun.
Many drivers will not move over nor will they wait to pass at a safe point. They will often pass you without moving over to the other lane even though they could easily do that. A lot of drivers are antagonistic to cyclists, and like to scare them.
Bikes and cars, not a good mix. I'll stick to tennis and treadmills.
I am very sad for the girl and her family, but have no good feelings toward their lawyer.
To: Jeffrey_D.
Thanks for the link for additional info!
23
posted on
10/15/2007 9:25:10 AM PDT
by
MissEdie
(On the Sixth Day God created Spurrier)
To: The_Media_never_lie
There were two casualitiesBy causalities, do you mean deaths?
24
posted on
10/15/2007 9:26:54 AM PDT
by
jdm
To: Resolute Conservative
Well, I agree with you 100%.
25
posted on
10/15/2007 9:30:01 AM PDT
by
alarm rider
(Why should I not vote my conscience?)
To: jdm
There were two casualities, neither serious
Sorry The_Media_never_lie...I just couldn’t stop myself......
26
posted on
10/15/2007 9:32:11 AM PDT
by
Jeffrey_D.
(Some people are alive simply because it's illegal to shoot them !!!!)
To: MissEdie
If I was the parent of this child, and I honestly felt that the MS society was negligent in providing a safe route for the bikers, I would sue as well. I wouldn’t sue because I wanted financial compensation, but to ensure that future bike rides are safer, and the same unfortunate incident doesn’t happen to anyone else. If there was compensation from the suit, i would donate it to another worthy charity. I don’t believe that any amount of money can compensate for the life of another, and to accept any financial gain would be an insult to the person who has died. I don’t necessarily think a lawsuit here is as bad as everyone says.
27
posted on
10/15/2007 9:33:35 AM PDT
by
ga medic
To: MissEdie
anytime! I still can’t figure out the “no charges”
28
posted on
10/15/2007 9:33:46 AM PDT
by
Jeffrey_D.
(Some people are alive simply because it's illegal to shoot them !!!!)
To: ga medic
“I dont necessarily think a lawsuit here is as bad as everyone says.”
I agree....when you use “your” parameters are in place!
29
posted on
10/15/2007 9:36:37 AM PDT
by
Jeffrey_D.
(Some people are alive simply because it's illegal to shoot them !!!!)
To: Slapshot68
If the MS Society promised a safe channel for bikers on a road not meant for biking it wasnt provided, they could be negligent.
I think there could be a clear case for negligence, depending upon what was entailed in the "promise". Minors (or anyone) biking through high traffic areas isn't a good idea. If it was assumed to be safe, I'm not sure the MS Society would be negligent, but if the safe route and personnel were unavailable after having been promoted then I'd say there's a pretty strong case to be made.
30
posted on
10/15/2007 9:38:24 AM PDT
by
zencat
(The universe is not what it appears, nor is it something else.)
To: Resolute Conservative
I am 30 and frequently use my mtn and road bikes for errands. Now I plan my route to avoid sharing the road with cars going 30 mph+ but bikes should be welcome on most roads. By the way, I can’t remember the last time I wore spandex for a ride. The goods of cycling so far out weigh the goods of driving it takes too long to list. Some facts of the story standout. It was a tandem bike. Victim female age 15. Location was on non-bike friendly road. That adds up to cyclist’s fault. Take a trip to Holland some day if you don’t believe bikes are good for transportation. Holland is pancake flat though and a lot of America is not.
To: Resolute Conservative
>>>I expect flames from the spandex crew.<<<
None from me. It’s surprising to me how many bikers manage to survive riding on SR A1A along Florida’s Atlantic coast. Even though there are off-road bike paths, they refuse to use them, insisting on exercising their right to ride on the road. I would never consider riding my bike anywhere but on the bike paths knowing how lousy the drivers are around here.
32
posted on
10/15/2007 9:40:53 AM PDT
by
shove_it
(nonillegitimous carborundum)
To: MissEdie
So now all the money donated to deal with MS now has to be used to cover legal expenses and settle the suit. Money isn’t going to bring that girl back to life.
I wonder why they’re not going after the pick-up driver, or police?
33
posted on
10/15/2007 9:42:27 AM PDT
by
metmom
(Welfare was never meant to be a career choice.)
To: MissEdie
A lot of unknowns about this event.
by at 08:20AM (PST) on January 16, 2007 |
Permanent Link |
Cosmos
South Carolina police said Monday that no charges will be filed in the bicycling death of Rachel Giblin, a 15-year-old girl who was struck by a pickup truck during a MS 150 bike ride last September.
Rachel and her brother, Tommy, were riding a tandem bicycle in the Breakaway to the Beach fund-raiser for the National Multiple Sclerosis Society on Sept. 16, 2006, with their parents.
In the months following the fatality, Highway Patrol investigators determined that Rachel and her brother fell and were hit as the pickup truck passed, Major M.L. Howard told the Charlotte Observer.
(Update: Howard also told the newspaper that the truck "was passing a little too close, and the results were tragic." Speed was not a factor, he said.
Solicitor Jay Hodge Jr. did not find malicious intent on the driver's part, so he didn't file charges, Howard said.
The girl's parents want the case reopened. The father said witnesses saw the family riding upright as the truck approached.
"We're pretty angry," he said the newspaper. "In the half-second that the guy went by, there was no reason for our children just to have fallen."
"We really feel that it was not just one of those things where you're in the wrong place at the wrong time," his wife said.)
News reports at the time said Rachel's brother and mother were taken to the hospital. The father, Tom Giblin, was riding at the head of the group near Society Hill, South Carolina, when the accident happened on US 15/401.
34
posted on
10/15/2007 9:43:15 AM PDT
by
deport
(>>>--Iowa Caucuses .. 91 days and counting--<<< [ Meanwhile:-- Cue Spooky Music--])
To: Slapshot68
Nothing is absolutely safe. If it was the truck driver who was at fault sue him. I know that would be too simple, and the truck driver does not have as deep of pockets.
35
posted on
10/15/2007 9:43:27 AM PDT
by
John D
To: jdm; trumandogz
Here is some information about the accident and about the lawsuit.
Background: Driver Kills Rachel Giblin. No Charges.
On Monday, S.C. Highway Patrol Maj. M.L. Howard said no charges would be filed against the driver in the death of Rachel Giblin, 15.
The Charlotte Country Day School freshman was killed during a multiple sclerosis charity bike ride Sept. 16, 2006 near Society Hill, S.C., after a pickup truck hauling a trailer collided with the tandem bicycle she and her older brother, Tommy, were riding.
The driver, Rudy Robinson, 50, owner of Hartsville Steel, of Hartsville, S.C., declined to comment when reached Monday.
Investigators determined that the bicycle Rachel and Tommy were riding fell as the pickup truck passed them, Howard said. [Maj. M.L. Howard] also said the truck "was passing a little too close, and the results were tragic." Speed was not a factor, he said.
Solicitor Jay Hodge Jr. did not find malicious intent on Robinson's part, so he didn't file charges, Howard said.
Hodge, the solicitor, was out of the office Monday and could not be reached for comment.
The Giblins' Lawsuit
The lawsuit alleges that the MS Society:
Promised traffic control and police protection along the route but failed to provide it.
Included a narrow, 10-mile section of U.S. 15/401 which is designated for use by large trucks and does not meet the roadway standards for safe bicycling publicized by the state.
Failed to tell local police or the S.C. Highway Patrol that bicyclists would be on the highway.
Failed to warn riders that "they would be expected to negotiate a lengthy stretch of high-speed, high-volume trucking highway without the benefit of police protection or other security."
To: Resolute Conservative
I think you’re right, cyclists should take a motorist exam on the condition all motorists take a cycling exam where you have to get out on the road and peddle with the cars.
To: the_devils_advocate_666
...I HATE LAWYERS! (I think Im going to go outside and scream for a little while...) ...Here's some more stuff to scream about...
From this post: http://www.freerepublic.com/focus/f-news/1911461/posts
U.S. intelligence officials got mired for nearly 10 hours seeking approval to use wiretaps against al Qaeda terrorists suspected of kidnapping Queens soldier Alex Jimenez in Iraq earlier this year, The Post has learned...
...Sometime before dawn, heavily armed al Qaeda gunmen quietly cut through the tangles of concertina wire surrounding the outpost of two Humvees and made a massive and coordinated surprise attack. Four of the soldiers were killed on the spot and three others were taken hostage....
...A search to rescue the men was quickly launched. But it soon ground to a halt as lawyers - obeying strict U.S. laws about surveillance - cobbled together the legal grounds for wiretapping the suspected kidnappers....
38
posted on
10/15/2007 9:45:36 AM PDT
by
FReepaholic
(A crowded elevator smells different to a midget.)
To: MissEdie
This provides more info:
Included a narrow, 10-mile section of U.S. 15/401 which is designated for use by large trucks and does not meet the roadway standards for safe bicycling publicized by the state.
Failed to tell local police or the S.C. Highway Patrol that bicyclists would be on the highway.
Failed to warn riders that “they would be expected to negotiate a lengthy stretch of high-speed, high-volume trucking highway without the benefit of police protection or other security.”
Now, all that being said, this is what happens when you have a society that is slowly but surely abdicating all personal/parental responsibility for their own and their family’s well being. The family was on this ride together. As a parent, if I saw a bike trip was heading into obviously dangerous passage for bicycles -especially a tandem bike- I would at the very least have my kids off the bike and walking, off of the asphalt. Perhaps even quit the ride altogether and head home. Regards the promised police traffic control, I’d be on the phone with the ride coordinator and/or the local cops as well.
39
posted on
10/15/2007 9:48:26 AM PDT
by
visualops
(artlife.us)
To: MissEdie
40
posted on
10/15/2007 9:49:03 AM PDT
by
fweingart
(Tom Tancredo Will Get The Job Done! (How is Mumia Abu-Jamal these days?))
To: Jeffrey_D.; The_Media_never_lie
41
posted on
10/15/2007 9:49:16 AM PDT
by
jdm
To: jdm
Society Hill is about 20 miles from me. Never heard reports of this.
To: visualops
The fact that the father was leading the pack and obviously had already travelled thru this dangerous stretch amkes him more responsible than anyone.
If it was really unsafe, he should have gone back to warn others including his kids.
Does anyone know, was the son injured?
43
posted on
10/15/2007 9:53:07 AM PDT
by
proudpapa
(Thompson and/or Hunter.)
To: jdm
I agree...I was just pointing out that quoting 4 words is the way “they” do it, not us.
44
posted on
10/15/2007 10:02:17 AM PDT
by
Jeffrey_D.
(Some people are alive simply because it's illegal to shoot them !!!!)
To: GOP_Proud
Ensuring that these type of charity events will be eventually stopped. I think a part of the problem was it was a tandem. I've never ridden one, but those out there who have, I'm interested to hear you reason against they are less safe than individual bikes. Sure they look cute but keep them off tricky roads. You're probably right though and an over-reaction will be the likely result.
Could you imagine an event like the running of the bulls in the states?
To: Jeffrey_D.; All
anytime! I still cant figure out the no charges”
The truck was pulling a trailer ... that was filled with settlement fees earned by John Edwards.
(sarcasm off)
46
posted on
10/15/2007 10:06:58 AM PDT
by
Mr. Jazzy
(Very Proud Dad of LCpl Smoothguy242 USMC of 1/3 Marines, now on his way back the U.S.A.!!!)
To: trumandogz
I’m a 13 ride MS Tour veteran. Traffic control has always been from volunteers. The chapter I ride for used to use the National Guard, but they are kinda busy right now. It is always the cyclists responsibility to take care of his own traffic control.
What tour do you do?
I do the Michigan one.
47
posted on
10/15/2007 10:08:05 AM PDT
by
cyclotic
(Support Scouting-Raising boys to be men, and politically incorrect at the same time.)
To: Resolute Conservative
If you’d like I can PM you a power point I just gave on bike safety with current accident stats. The spandex crew might be able to change your mind.
48
posted on
10/15/2007 10:13:07 AM PDT
by
cyclotic
(Support Scouting-Raising boys to be men, and politically incorrect at the same time.)
To: cyclotic
Houston to Austin.
186 miles and 12,000+ riders.
49
posted on
10/15/2007 10:14:37 AM PDT
by
trumandogz
(Hunter Thompson 2008)
To: MissEdie
I helped work a couple of rides like this for the MS Society and other charities in central Virginia back in the ‘90s, as part of an amateur radio club providing communication support at the rest stops and “sag wagons.” Normally the routes for rides like this were intentionally kept off US highways as much as possible, and kept to state highways or (preferably) county roads with lower traffic. That having been said, there was little to no traffic control in place. The local jurisdictions and the Virginia State Police knew the ride was happening, and knew about when and where the bulk of the riders would be coming through, but other than that, safe riding was the responsibility of the bikers. And yes, they signed releases.
On rare occasions, the sag wagons (vans/trucks to pick up folks who want to drop out) would sit back and hold up traffic for exceptionally slow riders or in dangerous areas, but that was very uncommon, because we were told that we could get ticketed for it. Likewise, we were told that no matter what, we had to obey all traffic laws and could not drive with our warning flashers on. The bicyclists were also told that they had to obey all traffic laws, especially riding single-file. They never did. I lost count of the number of times I saw riders three- and four-abreast on blind curves, almost daring some 18-wheeler to blast around the corner from behind them and turn them into bugs on its grille.
We did have riders get in trouble in certain areas, mostly in the mountains. One charity ride was coming down US 501 north of Lynchburg, which is a steep and twisty two-lane, when a rider locked up his front brake, slammed into the outer guardrail, and went thirty feet down an embankment. The good news was, he landed on a stump, and that was the only thing that kept him from a four-hundred-foot roll down a mountain. The bad news was, he broke his pelvis when he landed (along with slashing himself open on the guardrail as he went over). That same ride had somebody else go off into a rocky creekbed at 40 mph...he wasn’t seriously hurt, and all he cared about was his bike. I took him his stuff (broken sunglasses, dented helmet, etc.) at the hospital and ran into his wife, who said nothing else but “oh, he does this all the time!” Oookaaaayy.
}:-)4
50
posted on
10/15/2007 10:18:06 AM PDT
by
Moose4
(Ron Paul is like a beautiful plate of food ruined by a cow patty.)
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