A year later, bicyclist's survivors sue over gruesome wreck

It's been almost a year since bicyclist John Triggs was dragged by a cement truck near 12th and Grand in downtown Kansas City, KSHB reports. (The incident, which killed Triggs, was particularly gruesome.) Now Triggs' family is suing the truck's driver because he allegedly wasn't using a turn signal. The station couldn't reach the company for a response.

File photo of a memorial to Triggs.

Comments

[kmb]

Whatever are they talking about? -- According to what I see every hour of every day, turn signals are against the law in this town.

[onetime]

They want to sue for not using the turn signal. Okay, here's your $55 for what the ticket would cost. Turn signal or not, I learned pretty young to beware of TRUCKS no matter what they are doing.

[onetime]

Sorry to post again. But I remember this when it happened. I think the problem was more in the rider than the driver. Not to pin a label on this guy, I wasn't there so I do not know. But some of these a-hole riders think that the road was meant only for them. I have had more than a few cut me off not even looking to see if I am coming up behind them. I could have easily ran over more than one had I not been watching them. Common sense to me says if you are on a bike, make sure you identify things larger than you. A cement truck just about qualifies for that. When I had my motorcycle, you can be dang sure I was watching everything. I don't care if I had a green light and cross traffic was at a stop. You still look at it. These riders complain on and on that cars need to share the road. Well then maybe they should take thier own advice and do the same.

I know this isn't everyone on a bike. But as usual, the few plaster an image for many.

[The_Golfer]

I agreee onetime. Had one do it to me on the way home yesterday. Just decided he wanted my lane regardless of how close to him I might have been. I always watch those jokers around downtown, they just act like they are the only ones on the road and everyone should just get out of their way.

Had one that ran a red light so they would not have to stop and a cop pulled them over to write a ticket and the bicylist was going ballistic. Do the crime, pay the fine.

[onetime]

I think they see the shows from New York and what not, where the riders just swoop in and out of traffic. Hey that's fine, but notice traffic is usually in gridlock when they do it.

Exactly what I was thinking. Countless times I encounter bicyclists in a traffic lane when there is a perfectly good sidewalk just a few feet away. Double-standard at its finest, if I was to drive on the sidewalk - well, you know. Common sense should tell you, hmm this truck outweighs me by tons, but I will go anyway because my bike shares the road- Darwinism at its finest.

[onetime]

unknown...actually I don't think downtown they are allowed on the sidewalks anymore. People walking get ran over by them or some garbage. I think that is where they belong anyway. A bike/person collision is better than a bike/car collision.

[kmb]

Sidewalks tear up bicycles, from the tires on up. But any bicyclist who rides like an idiot is a fair target, in my view.

[Lt. Dangle]

LOL- I'm sure KC's pothole-laden streets are much better than sidewalk's.

Sorry, just had to throw that in.

[The_Golfer]

Always better off on the street, just start paying attention. Got behind about 20 one day on a divided road with 2 lanes each and the low lifes would not all move to one lane because it apparently meant they had to stop their conversations.

[jpbikerfreak]

bicycles are VEHICLES, and as such belong on the ROAD, not the sidewalk. That's why it's called a sideWALK not a sideRIDE.

Vehciles all have one thing in common: they move in one direction at a time. In other words, they don't move sideways. Pedestrians have a bad habit of sidestepping, (or allowing their dog to do so), which is a danger to them and a cyclist.

Yes, there are a-hole cyclists out there, but that's not a reason to expect all of them (us) to ride on the sideWALK.

[Scott R.]

On the same note... Big Wheels for kids are vehicles too then. Throw them in the street the little sons of..............

If bicycles are "vehicles" then they should be required to pass a riding test, have their bikes registered, insured, and finally made to stand in line at DMV for plates

[onetime]

Scott, that is true. Trycycles should be out in the street too in that sense of the word. Now on the otherhand roads are meant of motor vehicles...defined at a mechanized form of transport. So move your 12 speed over.

[The_Golfer]

jpbikerfreak - just that most of us who work and drive in downtown have met the "I ride a bicycle, so I can do what I want" moron on a regular basis. Most of the A--holes must be in downtown. Then the groups that take over a road, both directions and expect the oncoming traffic to avoid them while they are violating the law. I ride a bike myself, but I never ride along oblivious to motorized traffic like to "entitled" ones.

[onetime]

sorry, that should be tri.

[jpbikerfreak]

I've put over 15,000 miles on area roads on my bicycle over the years. I don't ride much anymore because of a--hole motorists.

Yes there are a--hole bicyclists, do doubt about it. They frustrate me too when I'm a motorist. But there are just as many car drivers who throw stuff at cyclists (unprovoked), drive by at 40mph so close they take the hair off your legs, yell, honk the horn behind you to get your to wreck... literally play chicken.. head on, you name it, I've had it happen.

I've had coins thrown at me, once had a full slushee chucked at me, cigarettes, I could go on all day.

And when I rode, I always hugged the curb, and always insisted on riding single file if with someone else.

To those who don't understand bicycles belong on the road, please go back and review your driver's manual. Don't care which state, it's the same in all 50.

[8ofhearts]

Have some compassion for the family! What would your posts have been if they had filed a lawsuit the day after? If he had been in a car in the right lane, would the truck driver had a responsibility to look for him and respect the right he was there? Yes. The same respect should be there for those who ride bicycles. I am sure there is more to this lawsuit than just, no turn signal being used. To file a lawsuit a year later is not unusual, because any intelligent attorney would do discovery work to validate the value of the lawsuit.

[The_Golfer]

And sense the statute of limitations is 2 years for wrongful death. I know, waited too long to start the motions on my wife's death. Day after, might have still defended the truck driver. You have to remember they have massive dead zones on the sides and rear. Cyclist should have just stayed where he was at and waited an extra light. What is a couple of minutes. I do that all the time. Me on my bike versys a big truck. Easy decision, go ahead big truck, I'll wait.

[JDog]

Like onetime said: GUILTY.
That will be $55. Please pay the clerk of the court.
Next case please.

This family is after more than a traffic ticket. Unless the insurance company caves in quickly, the family and their ambulance chasing Atty. will have to prove neglect; possibly willful neglect.

[Ni]

It’s hard trying to navigate downtown in a car, which makes riding a bike 5x worse. I see the same idiot riding his bike in and out of traffic on Truman Rd & Grand right where all the Sprint Center construction is going on.

[jpbikerfreak]

It absolutely amazes me that in this country a bicyclist is always guilty until proven innocent.

We truly live in a car culture. You get run over, tough ****. you're no better than a squirrel or possum.

Sad. Hopefully none of you all will be on my jury if/when (emphasis on when) I get run over.

[The_Golfer]

jpbikerfreak - I just say that I use common sense to avoid these situations and I see too many that because they are on a bike they automatically have the right of way.

[jpbikerfreak]

But the point is you automatically assume he was one of those guys.

I've already agreed there are cyclists (motor and bicycle, which I am both) who aren't curtious. But I don't think any of us knows the details on this case. Everyone on this blog is assuming it was the cyclists' fault.

Alot of bikers (motorcyclists) wear a patch that sums it up: "I'm tired of watching my brothers and sisters die to support your right to drive like an a--hole".

[The_Golfer]

point taken. then this needs to play out to see what actually occurred.

[jasoiffy]

Still always blows me away to see just how much hatred is held toward cyclists and pedestrians. I can't tell you how many close calls I have had, how many drivers yelled at me for having the audacity to dare set foot (or tire) upon THEIR roadway.

Share the road. Perhaps get out of your car and attempt some self-power. My guess, your butt and belly would benefit.

And this will always prevail - the guy in the 6,000 lb metal missile has the higher moral obligation to NOT hit the cyclist or jogger. Give some space. If that means you must slow down if there is not enough space for both cyclist and vehicle - then slow down, maybe even stop - those 15 seconds likely will not kill you (it might kill the cyclist though).

[BunE]

If you are coming up on someone, car or otherwise, it is your duty to be aware. Bikes are not supposed to be on the sidewalks. It is, in fact, a violations of state law. Cars, trucks, bikes, share the road. Bikes, be smart. For tips:

http://mobikefed.org/files/modot-bicycle-statutes-flyer-8-2005.pdf

["The G"]

well put jpbikerfreak...I am an avid cyclist on road, mountain and freestyle bikes...I am very consciensious of how to ride and what the rules are, but have also fell victim to coins, cups, cig buts...being thrown. I had a run in a couple years ago where a guy tried to zing me with his pickup only to nearly kill me with the wheels on his trailer that was wider than the truck, luckily he realized he was a dumb-dumb and swerved as I crashed my bike off the road into a ditch. I was also hit by a car that ran a red light right into me...

I refuse to ride on a sidewalk, that is more dangerous for everyone and pisses off way more people than driving properly on the road.

[tangoalphabravo]

To all the "it's the rider's fault" folks:

By law, bicyclists are to use the street, not the sidewalk. By law, you are to give them the same allowances you would give another car. You don't pass them unless you are able to pass a car legally. So if you're behind one, tough sh*t. It's not their fault you're an impatient and inconsiderate driver.

[I Know]

I'm familiar with the driver and can assure you this incident played a heavy toll on him mentally.

The story I heard from an investigator, was that the cyclist was attempting to pass the cement truck in his blind spot, on the right. Not very smart. Turn signals aren't made for stupidity.

The cyclist was passing the truck, not the other way around, Tango.

[bill]

When riding my bike, I notice about 1/10 drivers wants to teach me a lesson on who is boss on the roadway. That minority is well represented here.

Instead of turning on something that weighs 5% of you & your car, I suggest you get of your lazy, fat a*s and exercise.

[Malcolm]

This lawsuit has no merit whatsoever.

[KC Brougham]

The problem is cyclists are not as easy to see as cars and the best drivers forget to look for bikes, so if you are a cyclist you should know this.

My buddy was going across Linwood on a Harley and Buick turned in front of him. He's been in a nursing home for the last 20 years. Always expect the unexpected, use your imagination, play what if.

[I Know]

Bill, your grammar makes your post a little confusing. Are you complaining about the truck driver turning on a bike that was trying to pass from the rain gutter in a non-existent lane?

If you are complaining about truck drivers, I suggest you remove everything in your life that was delivered by a truck. Which is just about everything you own, including your hippie f'n bicycle.

I'm not a truck driver and am certainly not opposed to exercise or riding a bicycle. But I understand how bothersome bike traffic is to car traffic. There are plenty of places to get your exercise besides a busy street. And if you want to use it as transportation, then obey the traffic laws, which, once again, includes not passing from the rain gutter, on the right, in an intersection.

As a motorcycle rider, I understand my obligation for my own safety. Multiply that ten-fold for a bicycle. The blame here rests solely with the irresponsible cyclist.

[ChiefsGirlinMiami]

I've done insurance claims for 20 years. While not familiar with this particular case, here's a few observations from an experienced investigator. Bicycles are required to be on the roadway, not sidewalks. As someone noted, read your drivers manual. They are to follow the same rules of the road as the drivers of autos, trucks, motorcycles, etc. which includes signalling, passing, etc. Missouri is a pure comparative fault state, meaning if the cyclist is 99% at fault and the truck driver is 1% at fault, the estate of the cyclist can collect 1% of his 'damages', which means his wrongful death claim.

Bottom line is this - EVERYONE needs to be a defensive driver, no matter what mode of transportaton they're operating. Quit eating, hang up your cell phones, stop text messages, quit playing with your car stereo, use your turn signals and seatbelts, follow the speed limit, slow down when it's raining, use your rearview and outside mirrors and back off that guy's bumper.

[JTW]

I Know: In today's world, whatever bad happens to someone is always someone else's fault, ergo, the bicyclist is not at fault and cannot be expected to accept responsibility. The fault lies wholly with the truck driver.

[liha]

this was a construction zone if I remember right. Not a safe 'cycling' area.
I feel for the family- when loved ones are plucked from us unexpectedly sometimes people just want to 'blame' or lay the reason on someone. They don't want to think it was from their loved ones own stupidity, or have it be their legacy.
I feel just as much for the cement driver doing his job in a CONSTRUCTION ZONE where they don't enforce traffic laws so why WOULD he use a signal?!!!

[flug]

"The story I heard from an investigator, was that the cyclist was attempting to pass the cement truck in his blind spot, on the right. Not very smart. Turn signals aren't made for stupidity."

The most probable scenario is this:

To make right-hand turn on this tight corner, the truck must swing left first.

So the bicyclist coming up behind sees a slow/nearly stopped truck moving to the left, leaving a large space to the right.

The bicyclist assumes the truck is changing to the left lane or maybe making a left turn. (This is reinforced if the truck driver is not signaling.)

So the bicyclist decides to pass the truck, presumably slowing to make a left-hand turn, on the right.

But--the truck isn't making a left-hand turn. It is slowing and swinging wide left in preparation for a right-hand turn.

That is how an experienced bicycle operator like Triggs (as opposed to some of the nitwit bicyclist some of you have mentioned above)--or a motorcyclist, automobile driver, or pedestrian--can be killed by a heavy truck in this situation.

It really is deceptive--it looks as though the truck is preparing for a LH turn when in reality the truck is preparing for a RH turn.

[flug]

"this was a construction zone if I remember right. Not a safe 'cycling' area."

It was near a construction zone but not a construction zone itself.

Regardless, if you are riding your bicycle to go somewhere and there is a "construction zone" on the way then you go through it--just like you do in your car.

[William W LaRue]

As someone who bikes a great deal, it always bothers me when cyclists pass on the right .... that is very dangerous and should be illegal.

On the other hand, I see lots of trucks make very wide right turns often without signaling. This is dangerous to cars and pedestrians (as well as bikes).

Without actually having seen the accident ... I'd guess it was about 50/50. I'm sure the truck driver is a nice guy and feels terrible about the situation.

I see lots of cyclists behaving badly and it is a problem. The police should ticket them if the situation warrants.

When I'm out driving, I spend much more time stuck behind trucks, old people, and school buses than I do bicycles. For some reason people (myself included) get very impatient when the get behind the wheel.

I find it very strange that many people in the Kansas City area seem to think that you aren't a good citizen if you get around town without sending $3/gallon to Osma's cousins in Saudi Arabia.

[A]

Here's an idea. Dont ride your bike through a construction zone. Is it just me or is this an amazingly stupid lawsuit?

[savage24]

from the article:
[Trigg's family lawyer says the helmeted bicyclist had just gotten the go ahead from the traffic signal. He entered the crosswalk and became the victim of a horrific truck collision.]

So, was Trigg on the sidewalk or on the street?

If the facts of this accident are as I understand them, then I hope this suit is dismissed. I am an avid cyclist and I bicycle commute from Claycomo to the Plaza. It is a tragedy that Trigg died such a gruesome death, but he should never have attempted passing a large vehicle (or any vehicle for that matter) on the right at an intersection. Trigg made a mistake. Sometimes mistakes have terrible consequences. That's life. It does not justify a lawsuit.

I wish his family and the cement truck driver continued healing and peace.

[michele]

Fact: We are not a bicycle freindly town...especially downtown.(Which is ironic considering the lousy parrking)
Fact: The cement truck is owned by Ash Grove....they will drag this lawsuit out for years.
I have seen towns with bicycle trails that run right along side roads...great idea,until some idiot decides it's his own personal turn lane.

[boootz]

After taking a few minutes with my morning coffee and reading these posts, I have to say I am shocked and dismayed at most of you. Who's fault was it? Where should bike's ride? Ambulance chasers? Lawsuits with no merit? You all must be the FEW people in KC with absolutely NO compassion for this family and their feelings. It is for the courts to decide if it has any merit. You want to complain about where bike's travel, see, talk to, write your city, state, federal leaders, and in your spare time Pray that you never lose a loved on in a horrific accident, and have to struggle for some sense of "WHY"

[chocolate]

Streets were made for cars not for bicycles. Bicycles have a right to share the road but nothing more and if they get in the way or don't yield to cars/trucks then too bad when they get run over.

[sam D]

Chocolate, I hope when you Die and you are going to Die, You go straight to"HELL".

[Chocolate]

Well Sam nice to hear from you. Do you have any other amazing nuggets of information you would like to share?

[flug]

"Here's an idea. Dont ride your bike through a construction zone."

First of all it wasn't a construction zone. It was NEAR a construction zone.

Second, the entire downtown area has been a construction zone for quite some time now.

Are you really saying that no one should go there (by bicycle, walking and presumably riding a motorcycle or driving a car) because there is some construction going on in the area?

It's not like he was riding his bicycle in an area that was designed for "construction workers only".

He was just riding on the street, like hundreds of people do every day in downtown.

[sam D]

If you drive a six ton tank around Kansas City, your life is still in jeopardy,because out there you have lots of people that dont know how to Drive.