kbasa
Well-known member
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Unregistered said:
Ted said:And again, those who have accidents should immediately consult an Attorney (there are folks like Tom McGrath who specifically represent Motorcycle Riders.)
Ted said:OK, a short bit of research has produced some startling results.
The Crossing Conundrum
There is ample evidence that the crossing in question is hazardous to motorcycles. The town of Gauley Bridge has reported 17 motorcycle accidents from June 4, 2001 to July 12, 2003 - of note, 13 of the 17 accidents noted rainy weather, and further there has been not *a single* report of a car accident at the crossing over that same period. Of further note, the Town only reports accidents involving ambulance transport and/or where the motorcycle was so damaged to require towing. A town official estimates "at least twice as many [unreported] motorcycle accidents" over the same period. The West Virginia State Police have reported an additional 6 motorcycle accidents from 2002 to current, and the County Police have reported two additional for this current year.
The Problem
CSX Railroad is responsible for putting down the tracks over the road, and West Virginia Department of Highways (DoH) is responsible for building the road around/over the tracks. The Town of Gauley Bridge has been trying to have the crossing redesigned since 1995 and in early July of this year sent a detailed letter to DoH outlining the particular hazards to Motorcyclists of the crossing and requesting immediate repair or redesign (copy of letter on the way and will be reproduced once received.) The Charleston Gazette ran a lengthy story on July 27, 2003 titled "Motorcyclists Beware U.S. 60 Curve, Tracks, Rain Cause Wrecks" outlining many of the concerns cited in the letter.
The problem is that neither CSX nor DoH will take responsibility for the hazardous crossing, each pointing to the other as the one responsible for the hazardous condition and responsible for redesigning or making the crossing safe. According to a Gauley Bridge Town Official, the problem seems to be the rubber surrounding the tracks and the sharp curve over those pads ÔÇô it becomes "incredibly slick" during rain, a hazardous condition that could be quickly lessened by replacing the rubber with concrete (something the town has apparently been unsuccessfully pleading with DoH to do since 1995.) In 2001 a motorcyclist who became a quadriplegic as a result of an accident at the crossing sued DoH but the suit was apparently (and unfortunately) settled before going to trial.
Currently
The Town of Gauley Bridge is doing everything they can to urge CSX and DoH to settle their differences and redesign the crossing. The previously mentioned letter will hopefully spur some action, and I believe the time is ripe for a national, multi-brand organization (i.e. the AMA) to begin the process of bringing nationwide attention to this unique situation and working hard within the West Virginia Legislature and GovernorÔÇÖs Office to immediately repair or replace this intersection. Should the AMA not hop on this I would be more than happy to coordinate such a campaign within the BMW MOA.
For those who have had accidents at this crossing I would urge you to consult an Attorney with this information and explore legal remedies.