Panic! in the Paceline — Who's liable when things go sideways on a group ride? (Bicycle Law Sponsor Blog)
As cyclists ourselves, Bicycle Law is committed to not only providing legal services to cyclists, but also educating riders about relevant legal issues. This is the first in our series of blog posts throughout the year answering common questions we hear from riders. Have more questions or want to discuss something in more detail? Email us at info@bicyclelaw.com or talk to Miles Cooper when he joins the B/C rides the first Saturday of every month!
We've all been there: ripping along in a tight paceline, adrenaline pumping, and then… something happens. Maybe it's a sudden swerve, a touch of wheels, a close call with a car, or even a full-on pile-up. It gets you thinking: what if someone gets hurt? Who's on the hook?
Fact: group rides are a blast. But with riders of all skill levels sharing the road, the potential for mishaps is real. One minute you're admiring a seasoned pro's smooth pedal stroke, the next you're dodging a newbie's wobbly line. It's a recipe for "what if?" scenarios.
That's where Bicycle Law comes in. We're here to break down the tricky world of group ride liability, so you can focus on what matters: crushing K/QOMs (and maybe a post-ride pastry).
Photo Courtesy of Dirk Bergstrom
The Big Question: Who pays when things go wrong?
When a crash happens, it boils down to two key questions:
Who's responsible? Is it the club, the organizers, the individual rider, or even the ride's sponsors?
Who pays for the damages? Property damage, injuries, missed work — it all adds up.
These aren't simple questions, and the answers can vary depending on where you live. But don't worry, we're diving deep in this one.
Law 101: Duty, breach, and negligence
Think of it this way: everyone has a responsibility to ride safely and avoid causing harm. That's the "duty." If someone fails to uphold that duty — say, by riding recklessly or ignoring traffic laws — that's a "breach." And if that breach leads to an injury, that's "negligence."
Essentially, if you screw up and hurt someone, you might be held responsible — but it’s worth noting that not all basic riding errors in a group ride constitute negligence.
Law 102: Assumption of risk
Assumption of risk is a legal doctrine that applies when a person voluntarily and knowingly exposes themselves to a known danger and accepts the potential for injury. In sports contexts specifically:
Assumption of risk means that participants in sporting activities are considered to have accepted certain inherent risks that naturally come with the activity. This doctrine serves as a defense against liability claims when injuries occur during normal participation.
There are two main types:
Express assumption of risk: When a participant explicitly acknowledges and accepts risks, usually by signing a waiver or release form before participating. Alto Velo group rides, as well as most races and events hosted by other organizations, require you to sign a waiver to this effect.
Implied assumption of risk: When a participant's voluntary engagement in an activity with obvious risks is considered tacit acceptance of those risks. A group ride without any formal organization such as Spectrum could fall under this category.
In sports, this doctrine recognizes that:
Certain dangers are inherent to sports (e.g., crashes, fractures, and concussions during group rides)
Participants are presumed to understand and accept these normal, inherent risks
Sports organizations and venues generally cannot be held liable for injuries resulting from these inherent risks
However, assumption of risk does not typically cover:
Unusually dangerous conditions outside normal expectations
Reckless behavior by other participants
Negligence in maintaining equipment or facilities
Improper supervision or instruction
A cyclist named Sue
Normally rides, even ones with crashes, don’t result in claims or lawsuits. Riders recognize they take on the risk in the ride. But Peninsula riders may remember the Spectrum Ride lawsuit, where an individual who got crashed out sued 26 other riders (and one of the rider’s sponsors since the rider was in the sponsor’s kit). The suit dragged on for over four years before getting resolved. For those wanting more on this case legendary cyclist, race announcer, and journalist Bruce Hildenbrand’s article in Bicycling is an interesting read.
Group Rides: A shared responsibility
Group rides have a duty to keep everyone safe, whether it's riders or bystanders. This means choosing safe routes, giving clear instructions, and keeping an eye on the group. A good pre-ride briefing, especially with new riders, can make a huge difference.
As our friend Kurt Holzer, an Idaho bike lawyer, says, "A good pre-ride talk... not only makes for a better ride, it can limit liability claims."
Incorporation: Your secret weapon
Here's a pro tip: consider incorporating your club or organized ride. It's like putting a legal shield around your organizers. By becoming a legal entity, the club itself takes on the liability, not the individuals running it. Many clubs, including Alto Velo, opt for 501(c) non-profit status, which makes sense for groups focused on community and cycling.
Think of it like this: if someone gets hurt and sues, incorporation protects the organizers’ personal assets.
Insurance and waivers
Even with incorporation, insurance is a must. It covers legal fees and settlements, giving everyone peace of mind. And waivers? They're your best friend. A well-written waiver makes it clear that riders understand and accept the risks of riding.
The Bottom Line: Ride smart, ride safe, and protect yourself
Most rides go off without a hitch, but it's always better to be safe than sorry. Taking a few simple steps — like incorporating, getting insurance, and using waivers — can make a big difference if something does go wrong.
Remember: laws vary from state to state, so it's always a good idea to chat with a local attorney.
Ultimately, we want you to enjoy the thrill of the ride without worrying about legal headaches. By taking these precautions, you can focus on what you love: pushing your limits and enjoying the camaraderie of the cycling community.
If you want to learn more, we offer consultations for bicycle clubs and shops.
Important notice (AKA things lawyers have to say):
The information provided in this post is not legal advice. The information provided on this public website is provided solely for the general interest of the visitors to this website. The information contained herein applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with Coopers LLP, operators of Bicycle Law. Readers of this post should not act upon any information contained within without first seeking the advice of legal counsel.
