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Tag: court case

  • punkopinion

$1.6 million awarded to rider who sued another rider after crash

  • by Lee Rodgers
  • Posted on November 5, 2014

Imagine this scenario. You’re riding down the street on a group ride. You turn to…

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9 responses to “$1.6 million awarded to rider who sued another rider after crash”

  1. OnYourBikeToo Avatar
    OnYourBikeToo
    November 6, 2014

    you’re being a bit too ‘Journo’ and bending things a little to garner a reaction (‘duh yeah’ I hear you think 🙂 The first case wasn’t a group ride it was just 1 commuter following another. Com 1 serves, clips 2, who falls into road and gets his back run over by a car. Sue car driver (insured) judge says sue cause who is also insured by virtue of membership to state cycling asso. If 1 car hits another and motorbike comes down and rider gets back run over then same would happen so yes, join your local cycling asso and get insured.
    Case 2 needs a little light as well.. it was a group ride organised and run professionally for a fee and advertised and sold as a educational by a profit based company. 1 client thought another client was a muppet and should not have been allowed in and the court will now look at it. Based on a commercial enterprise suitable insurance should also be in place.
    Case 3, fully agree with you.. but maybe … the Fed organised a 160km competitive ride in 38 deg direct sunlight and supplied no chance to get water ? I know an organisation in Asia who organised (and charged for) a race with a 151km stage in 40+ deg heat and and 95% humidity in Cat C and put 2 tables of water road side at 50 and 100km where you and approx 130 others could stop, hand over your bidon, have the lid removed, have water poured in and passed back to you before proceeding on your merry ‘race’ way … if my daughter had been in the breakaway and not stopped and died after crossing the line I know who I would be going after big time !

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  2. Johnny Rocket Avatar
    Johnny Rocket
    November 6, 2014

    Unfortunately this just shows the type of people now riding bikes. They are not ‘cyclists’. They haven’t come through a club system, they haven’t done the chain-gangs and been taught how to ride by an old guy with frame pump and mudguards, they are not racers and haven’t done the miles anywhere else apart from on the back of a big group, they haven’t ridden a steel, titanium or aluminium frame.
    They can’t change a tube or tune their own gears, they believe the aero marketing, they buy a bike weighing 7kg but weigh 100 themselves and can’t lube the chain. They ride to the café on their Lightweights. They can’t do the quick release themselves. They quote ‘the rules’. They spend more time looking at their Garmin & SRM than the road & scenery. They have never ridden a cyclo-cross or mountain bike. They insist on getting free kit from a shop when they buy a bike and want free stuff because they’re ‘Pro’. They don’t know why tubular tyres exist. They have never heard of the ‘Badger’, ‘Professor’, ‘Eagle of Toledo’, ‘Cannibal’. They don’t know about 8 seconds, Festina, suplesse, Casartelli. They think the bike Big Mig won his tours on REALLY was a Pinarello & Boonen the 2007 Green Jersey was REALLY an S-Works. They think Lance started riding in 1999 and think 4 years of café runs makes them an ‘accomplished rider’. They quote helmet research is nonsense but buy a bike saving them 0.005 seconds through a corner. They can’t corner or ride in a crosswind, they can’t figure out how to go through & off, drop the wheel……
    Now they ignore waivers and sue everyone else who happens to be sharing the road with them. If they weren’t on a bike they’d be driving their Audi giving everyone else the finger.
    These people are not cyclists. They are not even bike riders. It’s not inside their heart. They turned up at a party because they work in the same office as one of the other guests. They shouldn’t be riding a bike at all. Go back to the golf course or share the road.
    This is how cycling is. Very sad.

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    1. Noel Avatar
      Noel
      November 6, 2014

      it wasn’t a Pinarello?

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  3. Jim Avatar
    Jim
    November 6, 2014

    I’m left wondering why so many seem to lack taking responsibility for their own actions. I doubt any of these people involved in were coerced or forced to participate. I certainly don’t take part in a group ride thinking everyone participating is looking out for each other. I take responsibility for keeping myself safe as well as those around me. Cycling has inherent dangers and serious injury or death can be the result of one unfortunate patch of gravel – we’ve all seen such accidents. I’ve been in quite a few scrapes and crashes myself racing, due to others taking risk or not being as “good” as they think they were. In the larger mass pile-ups I have no idea who was at fault and to me it didn’t matter. I assumed the risk when I started the race or ride.

    As far as the commuter situation, I would imagine it would be difficult to explain why the person injured was riding to close to the other rider.

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    1. crankpunk Avatar
      crankpunk
      November 7, 2014

      have to say i agree Jim. if a car hit me then yes, i would be suing. but if i was injured in a race or on a group ride and there was no malicious intent, i think i wouldn’t. hard to say of course as i’ve never been in that situation but that’s my gut feeling.

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  4. Cyclelicious » South County Riding
    November 7, 2014

    […] along when Dave bumped into Mike, and next thing you know Dave loses a lawsuit to the tune of one point six million clams in Australian […]

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  5. Barber Avatar
    Barber
    November 13, 2014

    Thanks Crankpunk. Stuff like this deserves wide coverage.

    How could the unfortunate Mr. Franklin have been forced into traffic if he wasn’t over lapped with the swerving Mr. Blick? If he was overlapped, shouldn’t he take personal responsability for looking ahead at potential hazards that would force Blick to adjust his path?

    It appears Mr Blick – or his insurance company – failed to retain good representation.

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  6. ejemail Avatar
    ejemail
    February 10, 2015

    I agree with Barber. When you ride in a group, you take a certain responsibility on yourself. If you do not want to risk being crashed out by the guy in front of you, then you ride at the front. period.

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  7. John Velez Avatar
    John Velez
    February 10, 2015

    I had a accident in a group ride that was supposed to be experienced. we were all doing a double paceline, I ended up on the ground with a broken wrist after running into the rider in front of me. that was not including the damage to my bike. I done this hundreds of times, I went over the crash over and over and over and told myself how the hell did I run into the guys back wheel. as I was laying on the ground in pain with broken wrist the guy in front of me I apologized and told me he got nervous and put the brake on. after I heard this I was extremely frustrated and so disappointed. the guy was very apologetic and sorry I spent 6 weeks in a cast and out of work. he gave me his number and told me to call him and let him know how I was doing. I was so mad at this time I couldn’t even talk to the guy. could I have sued this person ? yes I could have but all I asked was for my out of pocket from my insurance which was $200 for the emergency room and this guy totally ignored me never called me back or did anything about it. I sued him in court and got $400,000. should had this been the right thing to do ? I say yes but this is not what happened. I sucked it all up took the backhanded slap in the face and went on with my life. this was a bad choice for me. I learned a good lesson don’t ride with strangers ride with people you know and you might not have an accident.

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