"The 33"-Road Bike Racing - Hit by the SAG WAGON!

Can that actually happen?! Apparently, the answer is "yes". I'm posting this instead of a race report. :mad:

I was doing a Half Iron race (I know, tris are gay, but don't judge....if I swam slower and biked faster, I'd be a cyclist). Because of my age started 22 minutes back from the first wave. Although I passed a few hundred people in the swim (I think I had the 2nd fastest swim out of 1000), there were still a bunch of people on the bike course before me. About 12 miles in, the majority of people were going in the 18-20 mph range, while I was doing about 26 (slight tailwind here.....I was averaging a bit slower than 24 up until this point...remember that I still had to run 13 miles, so I can't go above AeT on the bike). It was on an open course and the sag wagon was in front me going the speed of most of the rest of the racers. I checked to make sure there was no oncoming traffic, and made a wide pass on the left. Halfway through, the car turned left off the road. I went all the way out into the gravel to avoid getting hit, but he STILL didn't see me and I ended up smashing into the front fender and flipping face-first into the ground. Honestly, the guy had to have the IQ of a baked potato. For God's sake, he was part of the damn bike race and didn't think to look around for bikes! Broken nose....eight stitches....etc, etc. Oh, and my $6k tri bike was totaled, along with my glasses, $300 shoes, and $240 helmet. To add insult to injury, this was the last race I needed for my pro card.....and based on my swim and the first 30 min of my bike I was feeling REALLY good that day.

Here are a few of my favorite pics: :D

http://i162.photobucket.com/albums/t276/mgreene11/insurance006.jpg

http://i162.photobucket.com/albums/t276/mgreene11/insurance005.jpg

http://i162.photobucket.com/albums/t276/mgreene11/insurance003.jpg

Tris may be gay, but you do get the Harden the F Up Trophy for November.

Nah, I don't deserve it....I think if I had finished the race on a broken bike with blood pouring down my face I'd take the trophy, but really I'm just a victim of bad luck and encountering someone whose mother drank while pregnant.

Matt, sorry to hear about the injuries. Heal up soon.

At least it's the off-season now. You can work extra hard for that pro card after a nice holiday layoff. Nothing's broken, right?

...$6k tri bike was totaled...

That's about all that registered in my mind.

Heal up quick.

TELL me they're compensating you for all of this - did they take fault?

Heal up, man!

Ouch!

I hope you and the bike are feeling better soon.

The bike was wrecked eh? That means you're in the market for a new TT bike. Pcad's Diabolical BF Schwag Instigation Plan never sleeps.

Let the TT Bike Arms Race begin.

http://upload.wikimedia.org/wikipedia/commons/thumb/9/96/Agni-II_missile_(Republic_Day_Parade_2004).jpeg/250px-Agni-II_missile_(Republic_Day_Parade_2004).jpeg

The bike was wrecked eh? That means you're in the market for a new TT bike. Pcad's Diabolical BF Schwag Instigation Plan never sleeps.

Let the TT Bike Arms Race begin.

http://upload.wikimedia.org/wikipedia/commons/thumb/9/96/Agni-II_missile_%28Republic_Day_Parade_2004%29.jpeg/250px-Agni-II_missile_%28Republic_Day_Parade_2004%29.jpeg

If I don't get another Plasma, here's what I'm thinking (I'm really good with MS Paint, btw). The wheels are for sure (I was planning on getting them before my bike got trashed anyway), and the bike is a probably.

http://i162.photobucket.com/albums/t276/mgreene11/transition.jpg

...and where are the pics of the bike?

The bike pics really aren't spectacular. Two untrueable carbon wheels knocked out of true (brakes lock up on certain points while riding now). Integrated derailleur hanger knowcked askew (can't replace b/c it's integrated). Pretty lame damage for a totaled bike, but I think it speaks volumes about the integrity of the Plasma frame.

School bus hits kid. Cop shoots partner. SAG wagon hits cyclist. These just ain't right.

http://i162.photobucket.com/albums/t276/mgreene11/transition.jpg

That's terrible.



You should claim brain damage as part of compensation.

Tris are too dangerous. You should race criteriums.

Hope you get better soon and get your Pro card :).

I know, tris are gay, but don't judge...

Your bike handling skills are pretty bad. But your homophobia is horrific.

If I don't get another Plasma, here's what I'm thinking (I'm really good with MS Paint, btw). The wheels are for sure (I was planning on getting them before my bike got trashed anyway), and the bike is a probably.

http://i162.photobucket.com/albums/t276/mgreene11/transition.jpg

What did you have to promise Ryanf to get him to do those graphics for you?

What did you have to promise Ryanf to get him to do those graphics for you?
Triathlete guads.

Man, bad news. At least you weren't admitted at the hospital, I guess. Yuck.

Someone like Calfee can repair that plasma's der hanger, and can probably even convert it to replaceable. Just an option to pocket some of the money you get from the driver's insurance (assuming they don't force you to turn over the entire bike).

You could always buy my Plasma :D.

Sorry to hear about that, hope you get well soon. Scott apparently offers a retrofit kit, by the way, to change the hanger to replaceable. That's part of why I'm selling mine -- I bent the hanger on my CR1 last night, thankfully, they took the bend out really easily...

http://www.trigearreview.com/images/art/Ordu_big_black.jpg

So what DID the folks putting this little disaster on say?

http://www.trigearreview.com/images/art/Ordu_big_black.jpg

It's pretty, maybe even better than my P-R-O Paint skillz above, but the seattube angle is too slack for my taste.

So what DID the folks putting this little disaster on say?

The race director has been really friendly so far. I told her I was going through the car's insurance, so I haven't really talked to her since. The car was a company car from a bike shop in Miami and the owner is overseas. The whole situation is spectacularly fun.

It's pretty, maybe even better than my P-R-O Paint skillz above, but the seattube angle is too slack for my taste.

The post has two saddle positions.

I saw one in person with the Zipp stickers removed, quite B2-bomber-stealthy-badass.

Do those standard releases to these events that I sign, but never read, indemnify all parties, ie organizers, including SAG? It shouldn't on something this negligent.

Edit: "Does those.." -dammit

Does those standard releases to these events that I sign, but never read, indemnify all parties, ie organizers, including SAG? It shouldn't on something this negligent.

Releases never allow for negligence - you can not sign a release that does that.

I'm pretty sure the releases that I sign waive organizers of anything, including negligence.

I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN THIS EVENT, FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, THE RELEASEES’ OWN NEGLIGENCE. I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFYAND NOT TO SUE...


http://www.usacycling.org/forms/rider_release.pdf

It was an open course, so I'm going through his auto insurance b/c he turned without signaling, causing a collision.....just like if I was driving. It wasn't USCF, but I'm too lazy to look up the USAT waiver.

Someone like Calfee can repair that plasma's der hanger, and can probably even convert it to replaceable.
How much would something like that cost? How long is the turnaround time?

I think you're SOL if they don't want to pay you.

How much would something like that cost? How long is the turnaround time?

Based on the posts of others, I'd guess in the $250 ballpark.

I ACKNOWLEDGE THAT CYCLING IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN THIS EVENT, FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, THE RELEASEES’ OWN NEGLIGENCE. I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFYAND NOT TO SUE...


http://www.usacycling.org/forms/rider_release.pdf

Just because they write that doesn't mean it's true. A piece of paper does not release anyone from negligent behavior.

Just because they write that doesn't mean it's true. A piece of paper does not release anyone from negligent behavior.

Yeah, it's just like those trucks with the sign that says "Stay back 500 ft. NOT responsible for broken windshields." I'll guarantee that company would buy me a new windshield.

^^ Correct. Those waivers are about as valid as toilet paper in a courtroom.

Just because they write that doesn't mean it's true. A piece of paper does not release anyone from negligent behavior.

In Florida, liability releases have held up in court for years. Maybe we can get Merlinextralight to weigh in on this matter, but it's my understanding is a well written liability release is pretty tough to get out of.

Shoot, considering the accident was in Miami, he's lucky the driver had insurance.

THE RELEASEES’ OWN NEGLIGENCE. I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFYAND NOT TO SUE...

You can not sign away your right to sue someone of gross negligence against you (i.e., running into you with a car when they are the SAG car). I mean, you can sign a piece of paper, but it is not enforceable. If someone is negligent, you can sue. It does depend on the state, however.

See here (http://lawprofessors.typepad.com/tortsprof/2007/07/california-inva.html).

[edit] ok like 10 people before me said the same thing...

Shoot, considering the accident was in Miami, he's lucky the driver had insurance.
and spoke English

From my law & ethics course at university, I have learned from examples that whether you can successfully sue or not will depend on the judge that you get and whether or not the terms of the contract you signed is deemed unconscionable or not by the judge.

When you attend a sporting event and pay to participate, you are entering into an implied contract with the organizing body. The organizing party "invites" you to participate with the general understanding that they owe you a duty of care. The waiver form is part of this contract.

*One way to interpret the situation is that since the organzing party did not properly instruct their drivers out on the course about what maneuvers they could make, they did not carry out their duty of care and caused massive trauma to you. The massive trauma caused you to withdraw from the race. This was a gross violation of the contract (because you cannot fulfil the contract) and it is so flagarant that the entire contract is now void, including the waiver.

*This may not be a good interpretation of your situation.

In general, the waiver you signed is valid and will protect the organizing parties. Unless there is criminal activities going on, a fundamental breach of the contract, or you get a leg torn off and have a sympathetic judge, you won't be successful in suing.

As for your economic loss, I don't see much light, much less some photons.

Yet it has the aerodynamic quality of a mildy-rounded brick. Those funny Spaniards.

and spoke English

And had any memory of the incident.

I hate drivers that don't signal.

I hate drivers.

fixed ;)

first, to be clear, i am a law student, so read what i type with a grain of salt, an eye towards criticism, and NOT as legal advice.

see Banfield v. Lewis.

for those with westlaw or lexis, that is 589 So.2d 441

i'm assuming that you are in florida, gatorfl. florida, although looking in disfavor at waivers that include the negligence (active or passive) on the part of promoters, says that such waivers can be effective so long as they are clear and unequivocal. depending on how your waiver was phrased, i am not sure that you would be able to get very far with this claim. in the case i cited, a woman in a triathlon was injured by a motor car (albeit not operated by organizers, but a citizen not involved with the race) and was not able to make it past summary judgment.

this case has been confirmed in several other cases as well. there are arguments to be made about unconsionabilty of the waiver as well as public policy concerns and uneven bargaining power, but all of these were mentioned in banfield, and none went anywhere. the fact that gatorfl was struck by one of the organizer's cars would be slightly different from the case, but based on the arguments presented in banfield and the fact that this case didn't even get to trial, my guess would be that there isn't much chance of scaring them into a settlement and an even smaller chance of winning anything.

It was an open course, so I'm going through his auto insurance b/c he turned without signaling, causing a collision.....just like if I was driving. It wasn't USCF, but I'm too lazy to look up the USAT waiver.


Another option is your own PIP coverage on your own auto policy. In fact, if you don't have a permanent injury, or medical bills over $10,000, that may be your only remedy under Florida No Fault. (which is in a collosal state of turmoil right now thanks to the Legislature.)

Talk to your insurance agent, and read your policy.

Is that Specialized fork a "lefty?"

Another option is your own PIP coverage on your own auto policy. In fact, if you don't have a permanent injury, or medical bills over $10,000, that may be your only remedy under Florida No Fault. (which is in a collosal state of turmoil right now thanks to the Legislature.)

Talk to your insurance agent, and read your policy.
I have PIP...medical isn't the problem. I just want a not-broken bike. The adjuster here in town seems really cool and is easy to deal with. They'll be paying for a bike, but right now the trouble is determining how much it is worth and what exactly needs to be paid for. Oh, and Florida No Fault is an idiot idea.