Legislature should act to protect counties

As Iowa’s legislators return to Des Moines this month, it is imperative that they clarify state laws regarding liability issues pertaining to the maintenance of the state’s secondary roads.

A lawsuit growing out of a claim against Crawford County by a participant in RAGBRAI resulted in the county’s insurance carrier paying $350,000 to settle the case. As a result, the county’s Board of Supervisors prohibited RAGBRAI from returning to the county.

Crawford’s supervisors acted to protect the county from liability resulting from a lack of clarity in state laws that set secondary road construction and maintenance standards.

Bicyclists have the right under state law to use the 90,000 miles of secondary roads in the Hawkeye State. According to David Vestal, the general counsel for the Iowa State Association of Counties, the liability issue arises because these roads aren’t designed and maintained with bicycles in mind.

‘‘County roads are designed, built and maintained for cars and trucks,’’ Vestal wrote in a legal brief posted last month on the ISAC Web site.

The ISAC has asked that boards of supervisors across Iowa support a resolution calling upon the Legislature to pass legislation this year limiting counties’ liability for bicycle accidents that take place on secondary roads.

Last month, the Webster County Board of Supervisors endorsed this initiative. At last count, more than half of the state’s 99 counties had taken action to back the measure.

The Messenger applauds the board for this action and urges area legislators to make certain that appropriate legislation gets prompt attention at the Capitol.

It would be an immensely expensive undertaking for counties to upgrade secondary roads to make them hazard free for bicyclists. For the most part, when county roads are safe for cars and trucks they are adequate for bicycle use — provided riders recognize that prudence and caution are needed when using these roadways.

RAGBRAI is a highlight of summer for many Iowans and is an economic boon for the towns and counties visited by riders. It would be ridiculous for this wonderful event to be compromised by lawsuits made possible by loopholes in Iowa’s laws.

This is a problem that can be fixed easily by the Legislature. It should do so without delay.