Legal Question in Personal Injury in California

Re: Bicycle accident while in a race

In order to recover against the race organizers (or anyone else for that matter), your fiance must establish that they did something wrong (i.e., negligence) that caused or contributed to his injuries. His primary hurdle to recovery will be the doctrine of "assumption of the risk," whether or not a Release was signed. I have been a road cyclist for years (pleasure and racing) and there is little doubt about the inherent danger of racing in a criterium. The principle inherent danger is a collision among cyclists. The defendant(s) will argue that this risk was known by your fiance and his participation in the race was a clear indication of his acceptance of that risk. However, if it is found that the organizers of the race did something that increased the risk of danger beyond that which would have been expected, there may be a basis for recovery. Therefore, if you have some additional information concerning the specific acts or omissions of the race organizers (in addition to the number of riders), that would be helpful in evaluating this claim. Let me know if I can be of any assistance.

Re: Bicycle accident while in a race

I would need to know more facts before I could offer you any guidance. The fact that your fiance was injured in is not enough to make anybody liable, and even if there is someone at fault it is not necessarily the organizers of the race.

He cannot sue the race for failing to have him sign a release. After all, the fact that he did not sign a release could not have caused or even contributed to the accident. A release is not a document issued for the benefit of participants; instead, it is designed to protect the event and its organizers from lawsuits brought *by* participants. The fact that he didn't sign a release makes your fiance's position better and not worse since a signed release would be a substantial obstacle to any legal claim. But the fact that the race did not create a barrier to lawsuits is not enough to mean that it actually is liable for the accident.

You haven't said much about how the accident occurred, but those details are the key to whether your fiance has a legal claim and, if so, against whom. If someone intentionally caused the accident, he would likely have a good case against that person. If his equipment was defective in a way that caused the accident, contributed to it, or made it worse than they otherwise would have been, he would have a decent claim against the manufacturer. But under any of these theories, your fiance would have to show that the defendant was somehow at fault.

That the race's organizers ran the event does not make them liable for injuries caused by collisions. There is a legal doctrine called "assumption of the risk" which says that people who participate in an activity with a foreseeable risk of injury accept the chance that they might be injured. Bicycle racers all understand that the risk of collision is part of the sport, and that they could be seriously injured or even killed during a race. Such things don't happen often but they do happen and, unfortunately, happened to your fiance.

The fact that the organizers allowed more people to participate in the race than usual is only significant if they should have recognized that having such a large field would significantly increase the risk of injury to the riders. Even then, there remains the question of whether your fiance also should have recognized the risk. If he did it chose to race anyway, then he assumed even this higher level of risk.

As I said at the beginning, with more facts I might be able to offer a more encouraging answer. It may be that the organizers included unreasonably dangerous terrain in the course of the race, for example, or that they failed to heed some unexpected danger which should have made them cancel the event. But unless there are facts which show that the organizers are somehow at fault, I don't see how you could make a successful claim against them.

Sorry I can't be more encouraging.

Re: Bicycle accident while in a race

First of all, my apologies for the fact that it has taken several days for me to view and answer your question. For some reason, the operators of LawGuru sometimes delay the release of questions regarding personal injury law for days or weeks, which can be critical in some cases.

And I am sorry that this happened to your fiance. Normally participants in sports events "assume the risk" of injuries of the kind that are inherent in the sport, whether or not a release or waiver form was signed. The issue you present, whether the organizers were negligent in having too many racers for a given course, is interesting and, without having researched the specific issue of bicycle racing liability (surely there is a case or two in some law book somewhere) my best guess is that the courts could rule either way.

Because of the severe injuries you mentioned your fiance should be sure and try to retain an experienced personal injury attorney right away. He should not sign anything or give any statements about the accident to anyone until he has done so. Remember, there are strict time limits that could bar his right to sue if a lawsuit is not filed in time; he may well have to consult several atorneys due to the "assumption of risk" doctrine and the fact that the case would probably have to be appealed. Best of luck to you.

Re: Bicycle accident while in a race

Assumption of the risk precludes liability for injury caused by the normal risks of the sport. Your question depends upon the opinions of experts in the field of bicycle racing. The injuries are severe and it would be worth looking into the matter. If you want we can look into the matter further. If there is a case any fee would come out of the recovery as a percentage. If there is no case, there is no fee.