Injured while on local sky ride

gilbo1967

Hi
I am unsure what to do,whilst I was assisting ride leader on Sunday the 15th March on a local sky ride,
I was involved in a slight accident ,the rider in front of me stopped suddenly so I breaked a bit too hard and I went over the handlebars and landed hard on the ground to an extent I broke my wrist .

I Was employed as a ride leader by sky/British cycling on Sunday's ride .
Due to my injury suffered I am unable to work for six weeks (currently employed as a bus driver).

I have been in touch with British cycling but I have heard nothing back .as anyone got any advice on what I can do.

Grant

diplodicus

I would suggest a turbo trainer and get trainer road to keep your fitness while your wrist heals.

slowmart

In what context?

Claiming for your injury against sky? You mentioned in your post you braked too hard? End of argument really.

no doubt if you were employed by sky, as in paid? You will have to check your full time contract of employment to establish if your full-time employer has placed any restrictions on additional employment? Most companies do and require written permission for you to take up another paid role. You're in breach and dodgy ground if this is the case.


What have you signed with Sky, no doubt there will be a full and strong disclaimer whereby you accept the risks when signing and participating?


You could always try the ambulance chasing scum who advertise such services? But really, why would you?

diy

Do you mean wrt to making a claim against someone for your loss?

Check your insurances on everything from credit card to mortgage, you may have some protection for loss of earning due to injury.

A claim against the other participant is not likely to have legs given what you say, a claim against the organiser, may have more, but from what you have said I doubt it. A claim against an employer if you were an employee is probably the strongest claim, are you actually an employee or freelance (the ride leader bit)? Just because you are injured, doesn't mean you can't be given other office based tasks.

You cannot waive liability for negligence in any contract, that is not to say you cannot acknowledge risk of injury, which is I think slowmart's point. i.e "volenti non fit injuria" - The commonn law principle that one is not injured when a risk is voluntarily assumed.

ugo.santalucia

Give them a call

thegreatdivide

As above. It was an accident, so you can't blame the rider in front and I cannot possibly see how Sky or BC can be held responsible, but yeah, give BC a call. The UK’s gone blame and claim crazy so you never know…

ugo.santalucia

thegreatdivide wrote:

As above. It was an accident, so you can't blame the rider in front and I cannot possibly see how Sky or BC can be held responsible, but yeah, give BC a call. The UK’s gone blame and claim crazy so you never know…

He was employed on the ride, so I am sure there is an insurance to cover for that.... it's just a matter of being a bit less lazy and picking up the phone, I would say...

Dorset_Boy

And then everyone else has to pick up the tab for his incompetence.

How much of the price for car / house insurance is to pay for the false claims and the ambulance chasing scum?

Shit happens.

ugo.santalucia

Dorset Boy wrote:

And then everyone else has to pick up the tab for his incompetence.

How much of the price for car / house insurance is to pay for the false claims and the ambulance chasing scum?

shoot happens.

Did you read the post?

He was employed... he broke his wrist... what is unfair about asking for the employment insurance to pay compensation?
He wasn't riding his bike for pleasure (whether he got pleasure by doing it is irrelevant)

slowmart

ugo.santalucia wrote:

Dorset Boy wrote:

And then everyone else has to pick up the tab for his incompetence.

How much of the price for car / house insurance is to pay for the false claims and the ambulance chasing scum?

shoot happens.

Did you read the post?

He was employed... he broke his wrist... what is unfair about asking for the employment insurance to pay compensation?
He wasn't riding his bike for pleasure (whether he got pleasure by doing it is irrelevant)

The OP also stated he braked too hard? Equally whats wrong with the OP taking personal responsibility for his actions? Why does the self justification of where there's blame there is a claim culture come in simply because the event is insured?

ugo.santalucia

HE WAS EMPLOYED

apreading

Slowmart wrote:

The OP also stated he braked too hard? Equally whats wrong with the OP taking personal responsibility for his actions?

So if you had a car accident and it was because you were driving slightly too fast for the conditions or braked too hard and someone went in the back of you, are you saying that you would take personal responsibility and not claim on your insurance?

CYCLESPORT1

Was he employed - in the real sense of the word ?

darkhairedlord

apreading wrote:

Slowmart wrote:

The OP also stated he braked too hard? Equally whats wrong with the OP taking personal responsibility for his actions?

So if you had a car accident and it was because you were driving slightly too fast for the conditions or braked too hard and someone went in the back of you, are you saying that you would take personal responsibility and not claim on your insurance?

If someone drove into the back of him it would be the other drivers fault.
WRT the OP, it's his own fault for riding too close to the rider in front to stop safely. Only a fool breaks the two second rule etc...

pastryboy

If you are employed as a bus driver surely you get sick pay or they'd find an admin job or something for you to do. Have you actually sustained a 'loss' here?

thegreatdivide

pastryboy wrote:

If you are employed as a bus driver surely you get sick pay or they'd find an admin job or something for you to do. Have you actually sustained a 'loss' here?

I didn't think of that! Obviously you've no luck if you're self employed but surely six weeks is covered by sick pay? It is for me.

ugo.santalucia

thegreatdivide wrote:

pastryboy wrote:

If you are employed as a bus driver surely you get sick pay or they'd find an admin job or something for you to do. Have you actually sustained a 'loss' here?

I didn't think of that! Obviously you've no luck if you're self employed but surely six weeks is covered by sick pay? It is for me.

It is for me too... but there are more and more zero hours contracts. When was the last time your courier delivery driver was actually someone with full uniform etc.? Yesterday I got a parcel from a guy getting it out of the back of his car... pretty sure he doesn't have sick pay and such...

southdownswolf

If the accident was reported at the time, especially if St John's/Red Cross were involved, then there should have been an incident form filled out. I would get in touch with the organisers via phone and have a chat with them.

itsnotarace

http://www.goskyride.com/Home/ProductTerms/6

"6. While the organisers, managers and promoters of the ride will do all in their reasonable control to make the ride as safe as possible, all riders take part at their own risk."

"8. None of the organisers, managers or any sponsors or promoters of the ride accept liability for any loss or damaged caused where:

(a) there is breach of a contractual obligation or legal duty of care owed to you;

(b) such loss or damage is not reasonably foreseeable at the time of breach

(c) an injury is sustained or property damaged in the course of the ride or as a result of taking part in the ride

OP should learn to leave more of a gap next time and pay attention to what's happening in front :idea:

apreading

OP wasnt a participant, he was a ride leader working for the organiser. So the quoted parts may not be relevant.

Also, I dont think that you can in law just arbitrarily say you are not liable for loss or damage where there is a breach of legal duty of care. If there is a legal duty of care, I dont think they can escape it. I dont think it would apply other than in a case of negligence for normal participants but just shows that this is a poor set of T&C that may not be enforceable...

reds99

Likelihood is Sky/BC insurers will recompense your employer for the loss of your earnings, seeing as they have not been able to use your services to perform your contractual role. You may get a little something off Sky etc but only by contacting them will you know fully what will happen.

Simon_Rhino

apreading wrote:

So if you had a car accident and it was because you were driving slightly too fast for the conditions or braked too hard and someone went in the back of you, are you saying that you would take personal responsibility and not claim on your insurance?

but if I was 'employed' (on the side from my main job) to walk something down the road and due to no fault of 'my employer' or the condition of the pavement I managed to trip over my own feet and hurt myself I don't think I'd be seeking compensation from anyone

thegreatdivide

Question to the OP? When you say you were 'employed' by Sky/BC do you mean you were getting paid employment or did they give you a 'Ride Leader' jersey and told you to keep an eye on the newbies? I'm saying this because when I rode to the TDF with Sky from Edinburgh to Sheffield last summer they asked me if I'd mind being a ride leader. I declined because I didn't like the jersey

itsnotarace

apreading wrote:

OP wasnt a participant, he was a ride leader working for the organiser. So the quoted parts may not be relevant.

The terms and conditions state "all riders" not "all particpants excluding ride leaders"

apreading wrote:

Also, I dont think that you can in law just arbitrarily say you are not liable for loss or damage where there is a breach of legal duty of care. If there is a legal duty of care, I dont think they can escape it. I dont think it would apply other than in a case of negligence for normal participants but just shows that this is a poor set of T&C that may not be enforceable...

[/quote]

OP had a legal duty of care not to crash into other riders, and failed at that. How is that Sky's fault?

diy

Its irrelevant if it was his fault or not - If he has insurance to protect him for injuries resulting from an accident.
Its irrelevant if the terms and conditions say the organisers are not liable for injury - if they are negligent in some way.

I would suggest the OP does what Ugo said and calls his legal helpline for advice or searches for a law forum to have this debate, to be better informed. People are talking about legal concepts here, like duty of care, based on the meaning of the words not the legal meaning. There is more to this than what is "right" or "wrong". A rough sequence:

1. do I have insurance to cover me, or do any of my employers have cover?
2. am I entitled to statutory pay while sick, can I ask my employer to find alternative work for me?
3. was any third party negligent, fully or partially - you need to understand what that actually means legally (duty, proximity, breach, damage etc).
4. if you have some third party negligence can they pay? what damages have you suffered?

As a participant you will have consented to the risk of injury, that does not excuse anyone from a claim for negligence.

slowmart

Arguably he greater loss could be suffered by the bus company if a relief driver has to be employed or overtime paid? The OP's employment contract is relevant as this could exclude paid work for a third party without the written permission of the employer.



Anyway, enough conjecture!

OP whats the score? And heal well and quickly!

peat

thegreatdivide wrote:

Question to the OP? When you say you were 'employed' by Sky/BC do you mean you were getting paid employment or did they give you a 'Ride Leader' jersey and told you to keep an eye on the newbies?

This will be a key factor here.

I have led rides for CTC before and was never under the impression that I was employed or that the club had any responsibility over me.

Lookyhere

If i volunteered to lead a Sky ride, then i would expect Sky to recompense me for incidental loses.
but then i would nt do it, i have done my share of volunteering, no one appreciates it and if things go wrong, then the "volunteer" gets the blame, which is what has happened here.

Sky / BC are a big set up's and they should have insurance in place, its not like they put these things on without some gain for them is it?

Bozman

Is there anything as simple as an accident anymore, why do you have to find blame.

thegreatdivide

Bozman wrote:

Is there anything as simple as an accident anymore, why do you have to find blame.

This.

k3vinjam3s

End of the day he is employed by sky, not a volunteer as he is paid to lead rides. I reckon British cycling will do all they can to help him as they value the ride leaders and wouldn't want to discourage other ride leaders from taking part in sky rides. I wish the op a speedy recovery and hope British cycling come through for him.