Bicycling and the Law
Richard L. Duquette
EP68 Fairly Defining the Legal Risk of Bicycling
On this episode of Bicycling and the Law, Richard Duquette talks about fairly defining the legal risk of bicycling. A valid perspective requires we discuss bicyclists personal responsibility and protecting the business entities involved in bicycling. What makes a risk legal and what are some of the ways an insurance company can use to escape responsibility? Tune in!
There are a couple of ways for an insurance company to escape responsibility. Three ways are; a written release, primary assumption of the risk, and secondary assumption of the risk.
The written release expressly identifies the risk associated with bicycling. For example, it includes a collision with other bicyclists in a race or sliding out while turning a corner.
It is important to be clear and accurate when defining the risk. Otherwise, it will be considered an invalid release. Risks that are not associated with bicycling usually won’t be released.
How about in a controlled race course? In such cases, the government or the police are hired to manage the risk. Some argue that the validity of the release depends upon the scope of responsibilities.
There is a need to consider the totality of the circumstances.
There are situations that are not covered by the release. One of which could be in the case of defective equipment.
Insurance companies do not need a written release to argue that a bicyclist assumed the risk of injury. Written releases are helpful for event sponsors, directors, organizers and clubs.
References for Fairly Defining the Legal Risk of Bicycling:
To hear about other ways that an insurance company seek to escape responsibility, download and listen to Fairly Defining the Legal Risk of Bicycling.
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