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

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.

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.

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

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.

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.

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.

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

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 had any memory of the incident.

I hate drivers that don't signal.

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.

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?"

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.