Originally Posted by
jimincalif
State laws vary, cycling is a presumed “risky” activity, and “assumption of risk” laws typically provide some level of protection for those who organize risky activities. Honestly, you’re probably not at much risk from your cycling mates, but more so from their family members. Again state laws vary and some may preclude family from recovering damages since the participant assumed the risk by riding. Less likely, but possible might be getting sued by someone who had no connection at all with you or your group. Say a driver moves over to pass your group as you ride along, loses control and/or strikes another vehicle or pedestrian, resulting in death or injury. The injured sue the involved drivers, cyclists, local city/county that maintains the road, the auto manufacturer, etc. The plaintiff lawyer(s) have a fiduciary duty to advocate for their clients, if they see a pocket somewhere that may contribute to a settlement, they will go after it.
so I’d say first do your own research on your state’s laws in this area. This may or may not give you some level of comfort. Never hurts (except for the hit to your wallet) to seek legal advice specific to your situation. Also look into your state’s laws regarding unincorporated nonprofit organizations, other than getting a federal tax ID number and filing an IRS 990-N every year, you may already be operating as such an entity. Formalizing this is cheap and might afford you a bit more protection under state law.
FYI I’m president of a local cycling club, we do carry liability insurance that will defend member riders and club volunteers. The annual cost is a bit under $4 per member with a $500 minimum premium IIRC. I also carry my own $2 million umbrella liability policy. Because you lose as soon as you’re named in a lawsuit, as you will spend at least five figures, possibly much more, to defend yourself, even if the plaintiffs recover nothing.
This sums up the issues quite well. Everything's great - until it isn't, and then things can get ruinously expensive, especially if severe injury or death occurs.
I've been leading club rides for over 1/3 of a century (years, not distance), and having liability coverage is important, along with strong vetted waivers. When I started leading, my net worth was a truck, an old travel trailer I was living in, a small amount in the bank, and a couple nice but not all that expensive older bikes. As part of a successful career, I have a house, retirement investments, several motor vehicles - and still have the same trailer and those same bikes, plus a few more. A lot more for a plaintiff to harvest. I carry an umbrella policy (or at least I think I do, and a message is in to my agent), but the exposure still exists.
I have cycling skills training, have held certified instructor certifications, published works on cycling safety, and even had a few years of licensed racing to sharpen my handling, and I'd like to think I lead my rides in a prudent and responsible manner. I compare it to "riding a 50-foot-long bike with something very valuable all along it." But even with that knowledge and experience, there are people out there who make a fine living convincing a jury that a leader's actions were obviously recklessly negligent and the prime cause of the victim's plight. And as noted even a successful defense is likely to leave the defendant financially ruined.
A quite possible scenario: You lead a group. Let's say Bob rides with you. Bob crashes - could have touched wheels, rubbed a curb, hit something hard to see, etc. Bob's wearing a helmet and gloves, but somehow ends up in the ICU with severe injuries requiring extended care, or worse, never makes it off the ground alive. Bob thought you were a great leader and trusted your judgment and leadership. But Bob's family may not know you at all, and sees you as the person most responsible for Bob's situation. Couple this with an aggressive plaintiff's legal team and expert witnesses who have a track record of making even the safest rides seem like figure 8 racing, and even a win can be a loss. In the best case scenario, the waiver that Bob signed holds up to challenges, there's a quick dismissal, and the club insurance covers it all. But if not, then there may be trouble, especially if an experienced club insurance carrier isn't there as a backstop.