Woman sues Brisbane City Council over ‘dangerous’ bike lane divider

2 weeks ago 6

A pistillate who tripped implicit a motorcycle lane divider successful Brisbane’s CBD and fractured some her elbows is suing the assembly for much than $170,000.

Tracey Schwass, 60, was crossing Elizabeth Street, adjacent Albert Street, successful February 2021, erstwhile she tripped implicit a raised, yellowish bicycle lane separator.

“I had a handbag connected 1 limb and a buying container connected the other. I wasn’t connected my telephone ... I couldn’t person done that anyhow due to the fact that I had bags successful each hand,” Schwass said.

Tracey Schwass is suing Brisbane City Council.

“There were tons of roadworthy works successful Albert Street astatine that signifier … [and] the crossing was truly engaged due to the fact that it was lunchtime.”

Schwass had been enjoying a staycation with her hubby astatine the Treasury Casino and was walking backmost to the edifice astir midday aft moving immoderate errands.

She said she was walking among a radical of radical astatine the pedestrian crossing and was looking consecutive ahead.

“I veered a spot to the close and that’s erstwhile I fell,” she said.

The yellowish bicycle lane separator connected Elizabeth Street.

“I did spell down with a hellhole of a bump. I’d enactment my hands retired successful beforehand of maine to effort to cushion the fall.”

According to her connection of assertion filed successful the Brisbane District Court, the interaction of the autumn fractured some of Schwass’ elbows and near her with ligament harm successful her wrist and important bruising.

Passersby rushed to her assistance and Schwass was taken by ambulance to the Mater Private Hospital, wherever she works part-time arsenic a ward receptionist.

The yellowish bicycle lane divider astatine the intersection of Elizabeth and Albert streets wherever Tracey Schwass fell.

Schwass was incapable to instrumentality to enactment astatine the infirmary for 7 months owed to her injuries.

“These dividers are truthful dangerous,” she said.

Her assertion alleges the assembly was negligent successful that it “failed to workout tenable attraction for pedestrians … successful the design, operation and implementation” of the bicycle lane dividers.

The assertion further alleges that the “kerb separator was raised to a tallness which constituted a tripping hazard” and that determination was “no different informing oregon marker to bespeak to pedestrians the beingness of a travel hazard”.

Pedestrians crossing the intersection of Elizabeth and Albert streets, wherever the motorcycle lane separator is.

It besides alleges the assembly “caused, permitted oregon allowed a kerb separator” to beryllium placed successful the vicinity of a pedestrian crossing wherever it was foreseeable that pedestrians would usage the “whole abstraction up to wherever vehicles were stopped”.

Tall markers person since been installed connected the divider wherever Schwass fell.

Shine Lawyers solicitor Kaitlyn Marsh said motorcycle lane dividers, “while a large information instrumentality for cyclists,” did not cater to the information of each roadworthy users, including pedestrians.

“Increased information for each roadworthy users could beryllium achieved if the assembly ensured highly reflective posts were placed connected apical of the motorcycle lane dividers, expanding visibility and protection,” Marsh said.

“This would code the contented that motorcycle lane dividers are good beneath the mean enactment of sight, particularly erstwhile radical crossing roads are usually checking for traffic. It would trim the hazard to some cyclists and pedestrians.”

Schwass is suing the assembly for $171,210 successful damages, nonaccomplishment of income, and aboriginal expenses.

Brisbane City Council is defending the suit and declined to remark further arsenic the lawsuit is ongoing.