Lack of Visibility Leads to Motorist and Bicyclist Collision

Settlements were obtained from a motorist and a homeowners association following a collision between the motorist and a bicyclist. A grouping of eight large evergreen trees at the entry to a neighborhood made it difficult for vehicles, pedestrians, or bicyclists approaching at right angles to see one another. The bicyclist was badly injured when a vehicle exiting the neighborhood drug him underneath the car after the impact. The bylaws of the homeowners association contained a covenant which mandated a “clear vision triangle” at such an intersection, such that any trees within that triangle had to be cut down to a short enough height so they did not interfere with the ability of those approaching at a ninety degree angle to be able to see each other. A Trial Rule 30(B)(6) deposition of the homeowners association was helpful in establishing responsibility for the violation of that mandate. The case against the homeowners association was settled at mediation following settlement with the insurance carrier for the motorist.

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