Judge rules that a man injured in a bike race is allowed to sue his competitor that caused the accident.  

The biking accident

A man was participating in an organized road race to raise money for charity when he was injured in a cycling accident.

On June 1, 2008, the Becel Ride for Heart race was held. All participants had to sign a waiver. It stated that they were riding at their own risk and would not hold the organizers liable for any injury. The man was riding the 75km race. In cycling, there is what is called taking advantage of the draft. This is when the lead cyclist creates a draft by blocking the wind for the riders behind them. To take advantage of the draft a rider must be within 4 feet of the cyclist in front of them. This maneuver requires cyclists to be very close together therefore you cannot make any quick movements without first calling it out.

During this particular race, the man was taking advantage of the draft created by the cyclist in front of him when the cyclist all of a sudden moved over and hit the front wheel of his bicycle. This knocked him over which in turn caused a few other cyclists to go down as well. All witnesses testified that cyclists must not move suddenly, change pace, and must signal any movements. Based on the testimonies of the other cyclist there was no reason for the sudden move of the cyclist. Furthermore, he did not call out his move therefore it was reckless.  

Liability

The judge determined that the cyclist had a duty of care to ride in a safe way. There was trust among cyclists especially since they ride in groups to always ensure the safety of others. The judge concluded that the sudden move made by the other cyclist was careless and was outside the risk assumed of participating in a cycling race. Furthermore, the waiver signed prior to participating in the race did not protect participants from liability for their negligence during the race. The cyclist was found liable for the injuries to the man as his actions were negligent and caused the injury.