The location of a bicycle crash in 2019 that led to a lawsuit against ODOT. Note the patched pavement in the lower right (smoothed over in this Google Maps image).
I have long urged people to avoid the trap of bad-faith arguments about whether or not a particular bicycle ride is for recreation or transportation. The suggestion that some bicycle trips are less important because a person is recreating has always struck me as a sneaky, paternalistic attempt to marginalize cycling.
We often hear people point out that a bicyclist in spandex is less important than other road users because they’re just training or on a fun ride; but we never hear people frame car trips in the same way. People driving cars are always doing serious things, the thinking goes, and people on bikes are just out on a lark. It’s a distinction with a difference, because trips made for “recreation” will always have much less political power than those made for “transportation.” And in that context, once you cede this semantic ground, bad things are more likely to happen.
An example is a legal case that involves the State of Oregon and a man who crashed while biking on the Historic Columbia River Highway in 2019. This case was brought to my attention in October 2022 by a local attorney named Charley Gee. Gee had seen a story on BikePortland about Oregon’s Scenic Bikeways program and wanted to warn me that the Oregon Department of Transportation might use the status of certain bike routes as a way to shirk liability for maintaining safe roads.
Gee shared a lawsuit he filed against ODOT on behalf of a client (who asked to remain anonymous) who was riding on the Historic Columbia River Highway on April 24th, 2019. His client crashed while riding over a depression in the road that was left after repair work by an ODOT contractor. The crash happened about 200 feet west of the Stark Street Bridge (see photo above) and resulted in a fractured right femur (that required surgery), major bruising, and a torn rotator cuff. Gee sought $1.04 million for his client.
