at some point, the legal system needs to start enforcing personal responsibility. He accepted the risk of riding a bird. Is the consequence terrible? absolutely. Life is filled with risk. Accept them or don't. His lawsuit needs to be thrown out.
Right. The plaintiff should not have been riding a motorized vehicle on a sideWALK, thereby increasing potential risk to himself and others for grievous bodily harm. He failed his duty of care to using the vehicle and infrastructure as it was designed.