General Discussion Triathlon Talk » first bike fall - liability? Rss Feed  
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2006-07-07 10:11 AM

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Kirkland, WA
Subject: first bike fall - liability?
Well I'm officially in the "have fallen" category now, trying to decide if that is good or bad! I broke my wrist and there's talk of surgery, so I am now out of all swim and bike workouts (not to mention racing) for the better part of the summer. Not to mention no violin student income for the summer.

In this accident, it was entirely my fault. I took a tight (180) turn too wide and nearly ran some one over. Luckily they stayed on their bike while I went down. Definitely a matter of her having more bike experience, and me not enough experience.

My question is this:
If she had fallen too, would I be responsible for her injuries/bike? I just can't get over the thought that maybe I can't afford this sport if that is the case. My own injuries are going to cost hundreds, even with insurance, and might cost me my violin studio which I've had for about 20 yrs. I'm not afraid of getting back on the bike, but I am definitely afraid of being sued. I don't claim to be good at this sport, I stick to the trails and don't go fast, but I'm going to make mistakes no matter how hard I try.

Can I afford (financially!) to be a biker??


2006-07-07 10:54 AM
in reply to: #475960

Subject: RE: first bike fall - liability?
I'm confused. Were you both traveling in the same direction, or was someone riding on the wrong side of the road?
2006-07-07 11:00 AM
in reply to: #476001

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Kirkland, WA
Subject: RE: first bike fall - liability?
I ended up on the wrong side of the road because I couldn't make a tight enough turn.
2006-07-07 11:17 AM
in reply to: #475960

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Subject: RE: first bike fall - liability?

Can't speak to the liability issue, thoug I would guess that if you are the cause, then you would be liable.

Do want to address the potential loss of the "violin studio which (you)'ve had for about 20 yrs." Don't you have liability insurance of any kind to protect against that potential loss?

2006-07-07 11:31 AM
in reply to: #475960

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Subject: RE: first bike fall - liability?

Yes you would be liable if you caused her to fall.  Especially if it was "entirely" your fault.  Assuming she was on the right side of the road, not speeding excessively, looking forward, not wearing headphones.  The thing is, you would have to prove there was some negligence on her part to try to minimize your liability.  For example, if she was talking to someone on another bike and her head was turned toward that person, and away from you, you might get away with possibly 85% fault, 15% hers, thus decreasing the damages you have to pay.  You may also go with the theory that bike riding in itself is a dangerous sport and by partaking in it, you assume the possibility that there will be accidents.  I doubt this would work though. 

I think it also depends on the specifics of the "turn" you were trying to make.  Does your path merge into hers so that you don't really know who has right of way, or did she have the right of way and you just tried to go in front of her sort of like you are waiting at a green light yielding to make a left, and you just misjudged the distance?



Edited by auto208562 2006-07-07 11:33 AM
2006-07-07 2:07 PM
in reply to: #475960

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Subject: RE: first bike fall - liability?

I am so sorry about the injury and the possible financial implications.  I hope that you recover rapidly and return to teaching violin. 

I sympathize (empathize) with the bike handling problem, too.  I am really mediocre on bike handling skills.  The problem is that I really don't want to push my limits and consequently fall as much as it would take to get really good.    My current approach is to go the speed I can be safe and ride defensively, which is quite a bit slower than my legs and lungs could handle.  I also prefer to ride alone.  I don't want to be a hazard to anyone else.  I never do group rides and avoid the heavily traveled bike trails.   I clamp on the brakes well in advance of any difficult handling situation like sharp turns and narrow passages.  But I have to add that even being very defensive and slow, the bike is the most fun of all three sports.

Best of luck on the recovery.   When you are recovered, take it slowly and build your skills with some handling drills.  I think repeatedly riding a short loop that you can practice the same turns and braking patterns over and over is the best way to master the skills (much like practicing a short passage of music until it is mastered) and build some confidence.



2006-07-07 2:48 PM
in reply to: #476207

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Subject: RE: first bike fall - liability?

Sorry to hear about the spill.  As far as the liablility issue, talk to your insurance agent.  I would suggest looking to incorporate the studio so that you seperate the liability.  That way, if someone sues your studio you personal stuff won't be at risk and vice versus.  I know here in New York State they have a thing called an 'S' Corporation.  Basically, does exactly what you need, makes the business a corporation, pays taxes like an individual.

Hope every thing works out for the best.

2006-07-07 3:15 PM
in reply to: #475960

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Kirkland, WA
Subject: RE: first bike fall - liability?
Thanks for the encouraging words. I guess it's just frustrating that the learning curve could potentially be so steep. I'll look into the unsurance options. I've never considered insurance for the studio because I teach more for the love of it than for the money. I usuall have only about 10 students at a time.

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