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USAC release

Old 10-19-15, 02:21 PM
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noise boy
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USAC release

So my question is doesn't the USA cycling release I signed as part of a cycling event permitted by them protect me from liability in the event of a crash during the event, assuming there wasn't willful negligence on my part?
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Old 10-19-15, 02:26 PM
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https://s3.amazonaws.com/USACWeb/for...er_release.pdf

Cursory read appears to say you can't sue organizers basically. I don't see anything about protecting you from claims from other riders.
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Old 10-19-15, 02:43 PM
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I got the release of the organizers part, but it seems that it implies that you also release the other riders since potential collisions are listed as a known problem. One thing is for certain, I will never do another organized event of any sort again, it's just not worth it. As a result of this little incident I a shopping for a bankruptcy lawyer as a back up plan.
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Old 10-19-15, 03:02 PM
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wut
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Old 10-19-15, 03:03 PM
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Originally Posted by Wylde06 View Post
wut
wat, wut?
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Old 10-19-15, 03:05 PM
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Reading between the lines, are you saying you crashed into someone during a USAC sanctioned event, and now you are wondering whether you are covered from liability should the other rider want to sue you?
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Old 10-19-15, 03:05 PM
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Yeeesh, good luck.
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Old 10-19-15, 03:07 PM
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Close, someone crashed into me at a USAC event, and is now suing me for injuries. So far my homeowners insurance is running with it, but there is a potential that a judgement could exceed my liability coverage and I would be on the hook for the balance, hence the bankruptcy lawyer.
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Old 10-19-15, 03:18 PM
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I hope your lawyer counters or does whatever it is they do so the other guy has to cover legal expenses. Anyone who sues over a crash in a bike race is an idiot and a detriment to the sport at large.
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Old 10-19-15, 03:19 PM
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It was a gran fondo, but yes I agree.
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Old 10-19-15, 03:23 PM
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Originally Posted by Ygduf View Post
I hope your lawyer counters or does whatever it is they do so the other guy has to cover legal expenses. Anyone who sues over a crash in a bike race is an idiot and a detriment to the sport at large.
It's interesting, no? A guy I know got taken out of a race at the end of the year by a woman. She struck a pedal, took herself down, him in the process. Shattering his right elbow. He had a heap of metal in there and probably most of the year of occupational therapy ahead of him. He can't work. His racing career is over. He asked me what I thought about suing her, and I wasn't particularly supportive of the idea, but here's a guy who's a one. Raced as a pro or at least on the national level back in the day, and just got royally hosed because someone did something avoidable. In his mind he'd be justified.
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Old 10-19-15, 03:42 PM
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Originally Posted by gsteinb View Post
In his mind he'd be justified.
if the guy is a one or was a pro, he should have known better. Something avoidable is participation.

Beyond that, civil cases are preponderance of the evidence. Any normal person could defend themselves by showing some point-of-view videos of tight criteriums and then asking the judge/jury if a reasonable, experienced rider, could participate in that with the expectation of safety and mistake-free riding by all the participants.

I know what you're saying, but I find the idea of litigating race crashes ludicrous.
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Old 10-19-15, 03:52 PM
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"Should have known better" is making some wrong assumptions. This was in a high profile crit, not a charity ride (not sure why there were mixed genders though).

I didn't realize his racing career was over, that is tragic. But I would not have been supportive of suing either.
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Old 10-19-15, 04:00 PM
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Importantly, he didn't pursue it. Though it shows, perhaps, the way the mind state arises. Folks in NJ bad mouthed the family of the guy who died in a race for suing. And in that case there really were fingers to point.
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Old 10-19-15, 04:06 PM
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Originally Posted by globecanvas View Post
"Should have known better" is making some wrong assumptions.
that goes both ways. assuming people know to not clip their pedals... I see more of that as experience goes up.

anyway, we can talk about the million different iterations of what could or did happen certainly we could find a case where it might make sense to sue. But, I still don't have any idea how any lawyer could think they would actually win a settlement if it went to a judge or jury. All the defendant would have to say is that they were being crowded, had to change their line at the last second and it was unavoidable. You could hold a parade of dudes who have years of racing to weigh in as experts and say "**** happens" in racing.
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Old 10-19-15, 04:51 PM
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Originally Posted by noise boy View Post
So my question is doesn't the USA cycling release I signed as part of a cycling event permitted by them protect me from liability in the event of a crash during the event, assuming there wasn't willful negligence on my part?
that waiver legally means nothing and is there to make you aware of the inherent dangers. what you choose to do is up to you.
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Old 10-19-15, 05:19 PM
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What proof does this person have?
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Old 10-19-15, 06:19 PM
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Originally Posted by globecanvas View Post
"Should have known better" is making some wrong assumptions. This was in a high profile crit, not a charity ride (not sure why there were mixed genders though).

I didn't realize his racing career was over, that is tragic. But I would not have been supportive of suing either.
Qualified women can race in men's races.

Not that gender matters. Plenty of men cause plenty of crashes.
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Old 10-19-15, 06:51 PM
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This was definitely a case of combining fields due to low turnout in the women's field and women who were in over their heads in a very hard race on a hard course.
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Old 10-19-15, 07:08 PM
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Originally Posted by Duke of Kent View Post
What proof does this person have?
Only a hand injury. Otherwise it's a he said/she said deal. The complaint's version has me running into the other rider, which is exactly what did not happen. It was at a rest stop in a parking lot, there were signs on the main route to turn in, but nothing once into the lot. The group slowed down and fanned out. I saw the rest stop in the middle of the lot to our left, said it's over there, and headed that way. The rider behind me wasn't paying attention (By their own admission at the time of the accident) and ran into my rear wheel and went down. Maybe a five mile an hour accident.

Last edited by noise boy; 10-19-15 at 07:15 PM.
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Old 10-19-15, 07:13 PM
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Originally Posted by echappist View Post
that waiver legally means nothing and is there to make you aware of the inherent dangers. what you choose to do is up to you.
Correct, but does it not protect me from other riders, all of whom signed the same waiver?
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Old 10-19-15, 07:17 PM
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What this has taught me is that I will never do anything like this again. I am OK with accepting my own fate, but the exposure is too high and being in America, where lawsuits are seen as the path to riches, I can't trust others to not pull this kind of stunt. The initial demand for settlement was 300K, the insurers were waiting for documentation from the other rider's lawyer when they served me with the formal complaint.
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Old 10-19-15, 07:20 PM
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1) NB don't post details.
2) Take a copy of the waiver to a lawyer.

From motorcycle point of view, in NorCal, when people attend track day it says it's a no fault environment. So unless willful negligence is shown no party is responsible. Doesn't mean people won't try to sue, but it is a more uphill battle. I am not aware of any case in NorCal, but there was a case in the other state. Not sure how that turned out.
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Old 10-19-15, 07:23 PM
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Originally Posted by UmneyDurak View Post
1) NB don't post details.
2) Take a copy of the waiver to a lawyer.
I am being very careful. The lawyer for the insurance company (So my lawyer) has the waiver. Other than naming the promoter in the first part of the document, it is the exact same waiver as the one on the USAC site.
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Old 10-19-15, 07:26 PM
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Wow. Seriously, good luck. That's nuts.
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