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Cyclist set to take legal action against RMS after he was hit by a swinging gate on Spit Bridge

A cyclist who was badly hurt when he was crushed by a swinging steel gate on The Spit Bridge, in Sydney’s north, is set to take legal action against transport officials.

Alex Garnder is set to take legal action after being hit by a gate on The Spit Bridge.
Alex Garnder is set to take legal action after being hit by a gate on The Spit Bridge.

A CYCLIST who was badly hurt when he was crushed by a swinging steel gate on The Spit Bridge is set to take legal action against transport officials.

Alex Gardner’s $8000 carbon fibre bicycle was also written off when it was hit by the gate — used to stop bicycles and pedestrians getting onto the bridge before it rises to allow boats to navigate Middle Harbour.

Bruising sustained by cyclist Alex Gardner on The Spit Bridge.
Bruising sustained by cyclist Alex Gardner on The Spit Bridge.
Damage to the $8000 bicycle.
Damage to the $8000 bicycle.

Mr Gardner, from Allambie Heights, wants compensation from Roads and Maritime Services (RMS) for his written-off road racing bike as well as pain and suffering caused by the crush injuries he received on Sunday, June 17 this year.

“I thought I was being crushed to death,” he said.

The gate pinned him to a steel safety fence by the ribs and hips when he rode on the shared cycle and pedestrian path on western side of the bridge.

Mr Gardner said he was riding with three other cyclists north across the bridge when the gate suddenly swung across his path and pinned him by the chest and hips.

He lodged a claim for compensation soon after the incident, but it was rejected by RMS.

Alex Garnder was hit by a swinging gate on The Spit Bridge. Picture: Generic.
Alex Garnder was hit by a swinging gate on The Spit Bridge. Picture: Generic.

RMS told the cyclist that it carried out inspections on June 17 and 18, after the incident.

“Roads and Maritime regrets that this incident occurred, however at the time of your incident, it was not aware of any defects/faults in the operating system for the bridge through the inspection and maintenance procedures in place,” it said in an email.

“Accordingly, Roads and Maritime cannot accept liability in this matter and therefore denies your (compensation) claim.”

There are a total of 10 electronic signals for motor vehicles, bicycles and pedestrians. travelling north and south, located at various intervals along the Bridge that give notice the bridge will soon be opening.

Bruising sustained by cyclist Alex Gardner.
Bruising sustained by cyclist Alex Gardner.
A hand injury to Alex Gardner.
A hand injury to Alex Gardner.

Mr Gardner said, however, that motor vehicle traffic was moving across the bridge, in both directions, when he was cycling north over the bridge on the shared path about 11.30am.

“I saw the amber signals next to the shared path, but the traffic lights ahead were green.”

Signs over the path state that people should “Stop Here On Red Signal”.

Mr Gardner said because there was no red light his cycling group kept riding over the bridge.

“There was nothing stopping anyone before it happened.

“Then the gate swung abruptly from the right, pinning me, and crushing me into the fence.

“The pressure was enormous. I felt like it would break my hips. The gate was crushing my chest and ribs.

“I thought I was being crushed to death.”

His three friends tried to pull the gate back, but it could not be moved. They could not find an emergency release button.

Alex Garnder’s bike that was written off when it was hit by the bike.
Alex Garnder’s bike that was written off when it was hit by the bike.

Of the cyclists, Dean Gale said: “I literally believed I was watching my friend die. He was being crushed by this gate we couldn’t move. It was a terrifying experience.”

Another friend, Richard Bjorkmann, said it was a horrific experience.

“Three of us tried with all our force to open the gate but we had no chance,” he said.

“Then screaming our lungs out trying to get the attention of the bridge manager. This could easily have been a death trap”

The cyclists shouted out to the RMS employee in the bridge observation tower, responsible for raising and lowering the bridge, and he released the gate automatically.

“I then just collapsed to the ground,” Mr Gardner said.

“I had severe bruising and cuts on my ribs and a cut and bruised hand. There were bruises on my hips, left thigh and right bicep. My neck and back were sore from the impact and the crushing force of the gate.”

The frame and seat mount on his Canyon Aeroad bicycle were shattered by the gate.

“What concerns me the most is that this could easily happen again to a frail elderly person or a toddler,” Mr Gardner said.

“Either could result in a fatality.

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“It’s quite shocking to me that RMS feels the infrastructure and management of it is fine and nothing needs changing.

“I have been left with no option other than proceeding with legal action due to lack of action from RMS.”

In its last correspondence with Mr Gardner, RMS said it had now submitted the allegations to the “relevant business units for their consideration and response”.

A RMS spokesman told the Manly Daily: “As the matter remains under investigation, Roads and Maritime Services is unable to comment on the matter.”

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Original URL: https://www.dailytelegraph.com.au/newslocal/manly-daily/cyclist-set-to-take-legal-action-against-rms-after-he-was-hit-by-a-swinging-gate-on-spit-bridge/news-story/137161fabb3e7e5df8a8c1cc18a44c64