{"id":4747,"date":"2014-11-05T23:59:29","date_gmt":"2014-11-05T23:59:29","guid":{"rendered":"http:\/\/crankpunk.com\/?p=4747"},"modified":"2014-11-05T23:59:29","modified_gmt":"2014-11-05T23:59:29","slug":"1-6-million-awarded-to-rider-who-sued-another-rider-after-crash","status":"publish","type":"post","link":"https:\/\/crankpunk.com\/ja\/2014\/11\/05\/1-6-million-awarded-to-rider-who-sued-another-rider-after-crash\/","title":{"rendered":"$1.6 million awarded to rider who sued another rider after crash"},"content":{"rendered":"
\n

Imagine this scenario. You\u2019re riding down the street on a group ride. You turn to chat to the guy next to you and as you do you front wheel rubs the rear wheel of the guy ahead of you.<\/p>\n

<\/span>You go down, the guy next to you falls, and there\u2019s an almighty pile up behind to boot, that grim, grisly sound of carbon and metal keranging onto tarmac, informed by the dull thud of fresh flesh smacking down and slipping all over the road.<\/p>\n

Apologies done \u2013 and gingerly accepted \u2013 you limp home feeling a proper lemon, embarrassed and guilty at the mess caused by that moment\u2019s inattention.<\/p>\n

A week passes, two, the road rash diminishes, the new bar tape helps wipe away the shame and you\u2019re back in the fold.<\/p>\n

Then one day you get an envelope, sent from a solicitor. Inside is a letter informing you that you damn well better get some representation quick, because Jack Smith is suing your lycra-clad backside for a busted 50mm front rim and a fractured tibia that might mean he\u2019ll never ride again.<\/p>\n

Your fault? Well maybe the crash was, and yes, you said as much in front of 20 folks. But do you deserve to be sued for it?<\/p>\n

\"dv563013\"<\/p>\n

News broke Saturday reporting that a Canberra cyclist has been awarded a AUS$1.66 million award in his case against fellow cyclist David Blick after a judge ruled against Blick.<\/p>\n

Michael Franklin\u2019s contention was that Blick had been negligent when he swerved to avoid a branch that was in his path. Blick is said to have tried to veer away from the \u2018wooden obstacle\u2019 but clipped it, then bumped Franklin, sending him into the oncoming traffic.<\/p>\n

Franklin suffered spinal injuries as a result of the accident, which occurred in 2009, and is said to be still suffering from problems as a result of the incident.<\/p>\n

The judge declared Blick as \u2018negligent\u2019.<\/p>\n

\u201cBearing in mind the size of the piece of wood and the lighting in the area,\u201d the judge said, \u201cI am satisfied that if the defendant had exercised reasonable care he would have seen and avoided the piece of wood.\u201d<\/p>\n

Reports state that Franklin had considered trying to get compensation from the driver of the vehicle he hit, but that his counsel warned him against it as the driver could not be shown to have been negligent.<\/p>\n

Mr. Franklin then, it appears, turned his lawyer\u2019s attention towards Mr. Blick.<\/p>\n

Blick was insured so all costs have been covered by his insurer.<\/p>\n

Blick and Franklin were reported to be friends before the incident, but whether they remain close is unconfirmed. Possibly, knowing he was insured and it would not cost him personally, Mr Blick holds no hard feeling at all towards Mr. Franklin.<\/p>\n

However, this case does raise some serious questions, one of which is, is it safe to ride in group rides and in races? Another would be, is it safe to head out without some serious heavy duty insurance?<\/p>\n

Also, the Franklin case sees the setting of a precedent, one that could lead to the bankrupting of people less well insured than Mr. Blick.<\/p>\n

Another case, again from Australia, is still in motion and very similar to the Franklin case. Olympic champion Sara Carrigan is being sued now for $750,000 for an accident that happened on one of her bunch rides.<\/p>\n

Bernie Elsey Jr, the son of property developer Bernie Elsey, put in a claim for personal injury damages against Sara Carrigan Cycling and another cyclist Stephen John Milligan, as reported in the Gold Coast Bulletin<\/em>.<\/p>\n

The incident happened in May last year. Elsey Jr claims that Milligan\u2019s riding ability was not up to scratch and that he was \u201cnot satisfactorily equipped to ride in the group ride that day.\u201d<\/p>\n

After the accident, Elsey was treated in hospital for a complex left fractured femur and had a steel rod and screws permanently placed in his leg.<\/p>\n

\u201cI\u2019m just trying to get back some quality of life,\u201d he said, citing the loss of his house as being a direct consequence of the accident.<\/p>\n

In both cases any right-thinking individual would feel for the two men injured in these accidents – but do we not, as cyclists, have to bear the responsibility of what happens to us out on the roads?<\/p>\n

If there was to be a claim every time someone broke a carbon rim, cracked a frame or broke a collar bone in bike racing then no one would be racing. Imagine the professionals taking one another to court and watching videotape of a crash in the Tour to work out just who touched what wheel or dodged a bump but didn\u2019t warn the guy behind.<\/p>\n

It\u2019s not that I am saying cyclists should be exempt from the \u2018rules of the road\u2019 \u2013 if I was to go off the pavement and onto the sidewalk and hit a pedestrian then yes, I should be liable. But when it comes down to one rider suing another because one dodged a bit of wood? Or one slammed into the back of another and is claiming it\u2019s because he braked too hard? That kind of stuff happens all the time. There is a responsibility issue here – we all know this when we decide to join a group ride.<\/p>\n

Should Sara Carrigan be at risk of losing her quality of life because Mr Elsey Jr had an accident? And should Stephen Milligan also be criminalised for an accident that he may or may not have caused?<\/p>\n

Show me any experienced ride that has ridden a bike in a group or in a race that hasn\u2019t lost focus or concentration or been in forced into a dangerous line by the movement of the pack – and that hasn\u2019t caused a single accident (or almost caused one, because often it is the skill of others around us that makes the difference) \u2013 and I\u2019ll eat that hat of mine.<\/p>\n

To be punished in this way for the random series of events that leads to a crash seems to me to be simply unjust and unfair.<\/p>\n

I\u2019d rather every sale of a bicycle sees $5 go to a nation-wide fund to be used just for such situations as these, let us all pay \u2013 and let us all benefit, when and if the time comes and that becomes a necessity.<\/p>\n

One other point to consider is that many people would be put off biking if they had to have insurance just to go for a weekend ride with a mate. Also, many people cycle because they cannot afford a car nor the insurance costs that go with it.<\/p>\n

I know of one Asian national cycling federation that is at risk of folding because one rider died after suffering heat stroke and collapsing, hitting his head on the pavement, at one of their organised sportifs. Despite the fact the he had signed a waiver, his family is suing for millions and, apparently they have a chance.<\/p>\n

How? I do not know and I do not understand. Surely this man, this unfortunate guy, knew himself the risks involved. What is now at stake is the disbandment of a very good federation that is truly trying to instil a responsible cycling culture among local cyclists.<\/p>\n

It\u2019s a tricky one this. You feel for the families and for the guys that get injured, but, something in me just says this is wrong. Be very interested to hear your views.<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

Imagine this scenario. You\u2019re riding down the street on a group ride. You turn to chat to the guy next to you and as you do you front wheel rubs the rear wheel of the guy ahead of you. You go down, the guy next to you falls, and there\u2019s an almighty pile up behind to boot, that grim, grisly sound of carbon and metal keranging onto tarmac, informed by the dull thud of fresh flesh smacking down and slipping all over the road. Apologies done \u2013 and gingerly accepted \u2013 you limp home feeling a proper lemon, embarrassed and guilty at the mess caused by that moment\u2019s inattention. A […]<\/p>\n","protected":false},"author":40955418,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","wpupg_custom_link":[],"wpupg_custom_link_behaviour":[],"wpupg_custom_link_nofollow":[],"wpupg_custom_image":[],"wpupg_custom_image_id":[],"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"{title}\n\n{excerpt}\n\n{url}","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false,"jetpack_post_was_ever_published":false},"categories":[159546164],"tags":[41209,239071,68015,767233535,26313,24640231,9832656],"class_list":["post-4747","post","type-post","status-publish","format-standard","hentry","category-punkopinion","tag-award","tag-court-case","tag-crash","tag-cycling","tag-injury","tag-michael-franklin","tag-sara-carrigan"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t