Legal Question in Personal Injury in California

Re: Pro Bicycle Race crash, intentional, assault, liability

Can Jeff Gordon sue Tony Stewart if Tony Stewart caused Jeff to crash into the wall with an intentional bump? Can one boxer sue the other boxer if he punched the boxer after the referee stopped the round? Can one hockey player so another hockey player after a fight?

I race cars from time to time and during a driver's meeting, one driver asked if he can sue another driver for causing him to crash. I told him that it would be very difficult, if not impossible to prosecute such a case because of the assumption of the risk. Given your situation, I would say that you do not have much of a case against the other cyclist.

Good luck.

Re: Pro Bicycle Race crash, intentional, assault, liability

Of course you can sue, but you may not likely win. It will depend on the witnesses that saw it and if you can prove the wheel clip was intentional or whether it was accidental. It is doubtful that any lawyer would take this case on contingency, unless you gathered good witness statements.

Re: Pro Bicycle Race crash, intentional, assault, liability

Anybody can sue anybody for anything. Winning is a different story. IF you have admissible evidence of intentional or grossly negligent conduct that injured and caused you financial damage or personal injury, sure you could sue the appropriate culpable party[s] with a 'chance' of winning or settling. There are a lot of 'ifs' in there. You probably signed a liability waiver to enter though, which would limit your claim to the offending rider. You 'assumed the risk' of accidents by entering. With all that said, IF you think you have a case with legal merit, financial value, and collectability against the defendant[s], feel free to contact me.

Re: Pro Bicycle Race crash, intentional, assault, liability

As to criminal charges, you can pursue that but the DA will have the burden of proof and if you're the only witness, you've got to come up with evidence that it was intentional.

You can sue for civil damages but there's a defense of assumption of the risk in sporting and recreational activities. You've got to prove that what happened was beyound the normal and usual inherent risks and dangers of the sport. A lot of those cases are lost. You can make a formal, written complaint to the other guy's club but you do want to be careful about defaming him or damaging his reputation.

Re: Pro Bicycle Race crash, intentional, assault, liability

Hmm, it a tough one, how much money did you lose, how much was the prize?

Best,

Daniel Bakondi, Esq.

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