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Q & A - Know Your Rights

Q:
My bike club holds weekly training rides and we let anyone join in.  Is our club liable if someone crashes or gets hit by a car while on our ride?  If so, what can we do to prevent someone from suing us?

 

A:

This is a timely question as my team has recently taken steps to limit our liability for our open training rides. To begin with, you should definitely obtain waivers and releases of liability from the members of your club and from any guest who participates in an official club ride. 

 

Such a release will not insulate you from all liability, but will certainly help limit your liability, and potentially discourage frivolous lawsuits. Please remember that there is very little that you can do to prevent someone from suing you - the key is being able to defend that case if you are sued. If your club is not a not-for-profit corporation, or other similar limited liability business format, you should consider making it one. Otherwise, the individual members of your club stand to be personally liable for any liability of the club as an organization.

 

On your training rides, it is important to follow the rules of the road, and obey all traffic control devices. If you have obtained a written release from a guest, and are otherwise exercising reasonable care upon the roadway, it is unlikely that you will be sued if a guest is injured by the negligence of a motorist or some other third party. If you are sued, you would have a very defensible case. On the other hand, if your ride leaders are (through their words, actions, or otherwise) promoting irresponsible cycling, and an injury results, you could very likely have liability notwithstanding the use of a release.

As always, the best advice is for you and the rest of your club to ride reasonably, safely and in conformance with the rules of the road.

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