The family of an American man who died trying to beat his speed record are suing Strava for encouraging him to speed.
William ‘Kim’ Flint, from Oakland, had just lost his Strava ‘King of the Mountains’ title on a local downhill stretch when he crashed into a car nearly two years ago, apparently trying to keep his record.
A lawsuit was filed in San Francisco on Monday by his family against the San Francisco-based Strava -- a website that hosts virtual races and rewards winners who use a GPS system to track their own time on short stretches of road against competitors.
"His family basically wants justice for him," Susan Kang, the Flint family's attorney told abc news.
Flint’s speed in Grizzly Peak was at least 10 miles above the posted speed limit of 30 mph. He had learned via Strava that another cyclist had clocked a better time. He was fatally injured when he suddenly braked to avoid a car and his bike flipped over.
The lawsuit accuses Strava of negligence.
"They assume no responsibility. They don't put cones out. They don't have anybody monitor and see whether a course, or a specific segment, is dangerous," said Kang. She added that if Strava knows a segment is dangerous, it should be removed from the site.
Strava spokesman Mark Riedy issued a statement saying, "The death of Kim Flint was a tragic accident, and we expressed our sincere condolences when it occurred in 2010. Based on the facts involved in the accident and the law, there is no merit to this lawsuit."
According to prosecutors, the man who killed a pensioner in San Francisco and could now face up to six years in jail was also tracking his speed using Strava.
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51 comments
Can we sue the law firms for creating a suing culture and encouraging us to chase money and try to sue people? Ive wasted a lot of time and effort thinking up scams which have never come to fruition! this time couldve been spent on something worthwile like chasing Strava records or becoming a pro cyclist. Therefore I am suing every legal team in the world for 450,000 Euros - the prize money paid to the winner of the Tour de France.
Surely the manufacturer can't be held responsible for how fast someone wants to go, this is just madness ...
Wow! What a surprise! Another moron dead in San Fran? Even better, the moron's family has "lawyered-up".
Actually the family should have to pay us for the time we've wasted listening to their argument. Common sense is not so common in California.
LIKE BUTTON!
Talking of Strava, what is everyone's username?
This is why I try to create more "sensible" Strava segments that take into account traffic intersections, safe braking distances, etc.
There are a few user-created climb segments on my favorite roads that are nearly impossible to complete without stopping for a red light, yield, etc. so the KOTM is often the guy who is willing to blow a red light, fly through cross-traffic, etc. and not necessarily the strongest climber who has taken that route.
Similarly there are some idiotic descent segments that cross intersections, or the segment ends 20 feet from a wall or house so you'd have to nail the brakes long before the segment ends if you want to live.
The thing is, any sensible person would ride the way they normally ride--maybe digging a little deeper where they can, but not riding with blinders on. If you are cutting through cross-traffic or risking death or injury on yourself or others in the hopes of getting internet bragging rights, you are just a jackass, plain and simple.
Should we all follow each other?!
Mine is Dan flower
I use Strava now and again to see how i am improving (or not) on a specific route but it doesn't mean that i go balls out every time to become 'Number 1'. It is unfortunate what has happened and no doubt it will happen again because some people always want to push the boundaries.
By the way, Strava have just updated their T&C's
Just remember, use your head to think, not to stop.....
Yeah, just got the updated Terms, this part is particularly relevant:
its crazy that Strava should even be worried - dont you just wish a judge would throw the case out on day one and get the claimant to pay all costs - stupidity and vindictiveness by the family - I read elsewhere that it was the wife who bought him the garmin for a present? then she is implicated too!
American system has no way for Strava to win and have the other party pay their costs, hence why so many of this litigations occur (no risk of having to oay defendents costs) and why so many are settled (because it's cheaper than paying for it to go to court and winning).
What absolute sheee-iiiite. Shameful.
Don't think I'd try suing the old bearded One but I would strongly suggest to him that he fire down one of those thunderbolt thingies and incinerate the ambulance chasing attorney ***k who doubtless suggested this dastardly course of action to the grieving relatives in the first place. Assuming, of course, I believed in such things......
well put
I hope common sense prevails in all of this and personal responsibility, and that those of us who use Strava don't let it interfere with cycling sensibly or the fun of cycling.
In my own experience Strava became a bit of a bossy parrot on my shoulder. I learnt that it needed a cage! Sometimes I just want to go and ride simply for 'feel' and at those times when I choose to let it out and it measures me up I am no less a person for losing a KOM or not gaining one.
I wonder if Strava will change its messages/messaging as a result of this?
If you know a segment to be dangerous (goes through traffic lights, major junctions etc) then I suggest reporting them. It's a bit alarming when folk are saying they give it a go and hope to get through lights, even if they do yield to them. A minority are bound to chance it even if you don't. I know you're not responsible for them but let's all try and keep each other alive, eh? There will still be plenty of other segments around.
Re following each other, RoadCC could create a "club" on it and people could join...
I'm pretty sure the email that so and so has taken your KOM is a new thing as I've only been getting them for a few months. Yet 1 or 2 of my KOMs were taken without Strava informing me. So maybe not part of the service 2 years ago.
Anyway my sentiments are the same as the majority here...
My Strava name is Taylor Phinney
I've tried leaving notes on the KOM/segment pages warning about the safety issues, so perhaps people would focus on safer alternate segments instead (I don't make segments that go through intersections or descents that end at some point well-after you should have applied the brakes) but there doesn't seem to be any way to do that. You click the button and nothing happens. And people usually prefer to focus on the climbing segments that go all the way to the summit rather than the ones that stop short because of an intersection. C'est la velo!
I don't use the Strava App at all while I'm riding. I use my Garmin Edge to log my ride, and I ride how I want, when I want, where I want. When I get home, I upload my ride to the Strava website and see my performance data there. I can see how some moron would be sitting there, head down, eyes glued to their smartphone screen while barreling right into a busy intersection, but the same thing happens in the car with GPS units, Facebook updates, etc. You just have to hope these idiots take themselves out of the gene pool without taking someone else out at the same time.
Psyclyst >They have changed the email when you lose a KOM from 'Now show them who is boss' 'to Now get out there, have fun and be safe.' Perhaps changed in last day or two!
No, DRHEATON, you can't sue God--she doesn't exist. But the aforementioned family could sue the dad for siring the lad---no lad, no accident, innit.
Or possibly the hills might be sued for being aggressively big'n'lumpy. Honestly, these Lycra psychlists!
P.R.
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