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

A woman who tripped over a bike lane divider in Brisbane’s CBD and fractured both her elbows is suing the council for more than $170,000.

Tracey Schwass, 60, was crossing Elizabeth Street, near Albert Street, in February 2021, when she tripped over a raised, yellow bicycle lane separator.

“I had a handbag on one arm and a shopping bag on the other. I wasn’t on my phone ... I couldn’t have done that anyway because I had bags in each hand,” Schwass said.

Tracey Schwass is suing Brisbane City Council.

“There were lots of road works in Albert Street at that stage … [and] the crossing was really busy because it was lunchtime.”

Schwass had been enjoying a staycation with her husband at the Treasury Casino and was walking back to the hotel about midday after running some errands.

She said she was walking among a group of people at the pedestrian crossing and was looking straight ahead.

“I veered a bit to the right and that’s when I fell,” she said.

The yellow bicycle lane separator on Elizabeth Street.Credit: Marissa Calligeros

“I did go down with a hell of a bump. I’d put my hands out in front of me to try to cushion the fall.”

According to her statement of claim filed in the Brisbane District Court, the impact of the fall fractured both of Schwass’ elbows and left her with ligament damage in her wrist and significant bruising.

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

The yellow bicycle lane divider at the intersection of Elizabeth and Albert streets where Tracey Schwass fell.Credit: Marissa Calligeros

Schwass was unable to return to work at the hospital for seven months due to her injuries.

“These dividers are so dangerous,” she said.

Her claim alleges the council was negligent in that it “failed to exercise reasonable care for pedestrians … in the design, construction and implementation” of the bicycle lane dividers.

The claim further alleges that the “kerb separator was raised to a height which constituted a tripping hazard” and that there was “no other warning or marker to indicate to pedestrians the presence of a trip hazard”.

Pedestrians crossing the intersection of Elizabeth and Albert streets, where the bike lane separator is.Credit: Marissa Calligeros

It also alleges the council “caused, permitted or allowed a kerb separator” to be placed in the vicinity of a pedestrian crossing where it was foreseeable that pedestrians would use the “whole space up to where vehicles were stopped”.

Tall markers have since been installed on the divider where Schwass fell.

Shine Lawyers solicitor Kaitlyn Marsh said bike lane dividers, “while a great safety tool for cyclists,” did not cater to the safety of all road users, including pedestrians.

“Increased safety for all road users could be achieved if the council ensured highly reflective posts were placed on top of the bike lane dividers, increasing visibility and protection,” Marsh said.

“This would address the issue that bike lane dividers are well below the normal line of sight, especially when people crossing roads are normally checking for traffic. It would reduce the risk to both cyclists and pedestrians.”

Schwass is suing the council for $171,210 in damages, loss of income, and future expenses.

Brisbane City Council is defending the lawsuit and declined to comment further as the case is ongoing.