8th District Upholds USA Cycling Waiver in Crit Crash

Scott participating in the NEOCycle cyclocross race ~ 2016

In Goss v. USA Cycling, Inc., 2022-Ohio-2500, the Eighth District upheld the dismissal of case where the injured cyclist executed a USA Cycling (USAC) waiver prior to participating in the NEOCycle Criterium. 

On September 10, 2016, the plaintiff participated in two separate criterium races at NEOCycle event.  On the final lap of the second crit, a cyclist in front of the plaintiff unexpectedly fell on the final turn of the race.  The crash caused many cyclists, including the plaintiff, to lose control of their bicycles.  Ultimately, the plaintiff crashed into a barrier, causing injuries to her neck, thyroid, larynx, and trachea.

A lawsuit was filed alleging negligence.  More specifically, that “the race course design did not conform to USAC’s own safety standards, insomuch as there was insufficient distance from the race course’s final corner to the finish area. This insufficient distance caused racers to begin their ‘final sprint’ to the finish line before the final turn, thereby greatly increasing the chance for slide-outs and collisions.”

The Eighth District then provided an analysis of express assumption of the risk.   For express assumption of risk to apply – and thus operate as a bar to recovery – the party waiving their right to recover must make a conscious choice to accept the consequences of the other party’s negligence.  While generally disfavored, courts will uphold such waivers provided the “kind of liability and what persons and/or entities are being released, is stated in clear and unambiguous terms.”

In the Goss matter, the Eighth District reviewed the USAC waiver and determined the plaintiff released the event sponsors and organizers from all claims arising from their own negligence to the maximum extent permitted by law. The waiver expressly stated that the release applied to “all races and activities entered at the event,” and further required the plaintiff to acknowledge that “cycling is an inherently dangerous sport.”

As a result, the Eighth District held that under the doctrine of express assumption of risk, the terms of the USAC waiver prohibited the plaintiff from advancing claims of negligence against the NEOCycle organizers.

If you have questions about bicycle laws or bicycle injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Bicycle Insurance: Is It Right for You?

Last week I had the opportunity to speak with Brian McCann, Co-Founder of Simple Bike Insurance, to learn more about the bicycle insurance products they offer.

While I cannot say purchasing bike insurance is for everyone - especially those who ride a lower end bike, infrequently ride, or are otherwise covered under an automobile UM/UIM policy - Simple Bike Insurance has three product categories that should appeal to the serious cyclist:

SMK cycling.jpg

Bike Coverage 

  • Bicycle physical damage insurance protection: Covers repairs or replacement of your bike if it is damaged or goes missing. You choose the value of your bike and Simple Bike Insurance can cover things like vandalism, crash damage, or a collision with another rider. Simple Bike Insurance even offers insurance protection to you while racing. Deductibles range from $200 to $500.

  • Worldwide physical damage protection: Simple Bike Insurance also offers worldwide physical damage insurance protection for when you travel outside of the US/Canada with your bicycle.

Rider Coverage 

  • Bicycle liability protection: Bicycle liability coverage helps protect you if you are responsible for injuries or property damage to another person or their belongings while using your bicycle. Limits range from $25,000 to $100,000.

  • Vehicle contact protection: This added coverage gives you the insurance protection you need in case you are hit by a vehicle that doesn’t carry the proper insurance protection to cover your losses. 

  • Medical payments: Cover your medical costs if you are injured while riding–up to your policy limit. Limits range from $1,000 to $10,000. This is particularly useful if you have high deductible medical insurance or no health insurance at all.

  • Roadside assistance: With this coverage, you can get nationwide 24-hour emergency service with up to 35 miles of transportation per breakdown–all for only $12 a year per bicycle.

Special Protection for Competitive Cyclists

  • Rental reimbursement: Simple Bike Insurance offers coverage for renting a substitute bicycle if your bike is damaged or stolen while you are away from home and participating in an organized ride—up to $250 per occurrence.

  • Competitive event fee reimbursement: Helps cover non-refundable prepaid entry fees up to $500 ($1,000 total per policy term) if your bike is involved in a covered crash, and you are unable to compete or participate.

I know there are other bicycle insurance products on the market and you should do your research to determine what product and company is right for you. Brian was simply kind enough to educate me on what Simple Bike Insurance offers and I wanted to share that with you.

If you want to learn more, check out Simple Bike Insurance at https://simplebikeinsurance.com

If you have sustained an injury in a bicycle crash, please contact Scott for a no cost, no obligation consultation and case evaluation.