I accidentally hit my training partner and made him fall, causing physical and material damage, but it wasn't intentional and we were riding in a group. The bicycle has 4,000 euros in damages and the collarbone isn't doing well... and an inattention in a group can cause significant damage.

But who is responsible in these cases? What are the liabilities and, above all, how to proceed to remedy the damage? If the accident happens during a competition, perhaps due to excessive excitement induced by the "competitive trance", can compensation be claimed?

A necessary premise must be made: cycling is a dangerous sport, it takes place on an unstable balance and many cyclists have experienced this, more or less directly, so when you get on the saddle, you are accepting the risks that come with the bicycle.

In practice, it's like signing an acceptance of the risks "of the trade"... with one condition, however, that they are "permitted", falling within the normal inherent danger of this particular sport.

DAMAGE BETWEEN CYCLISTS

If the fall were to be the consequence of a wrong maneuver, for example, you miss a turn due to your own inexperience, you would have no counterpart to whom to address a compensation request, so in case of physical damage you could exclusively use a private insurance policy.

Let's consider the case where in the middle of a turn there was an extensive oil stain, perhaps already known to the maintenance entity following previous incidents and reports (we can verify this through a records access), or an barely visible and unmarked pothole, in that case, no risk acceptance could be deduced, which would instead go beyond the normal "danger" of cycling, nor would there be any limit to the entity's obligation to compensate the damage caused to us.

DAMAGE IN A RACE

And so on: obviously in a race, competitiveness leads to daring maneuvers and actions, whose courage and skill certain athletes must be admired for: everything is allowed as long as one adheres to the rules of sports law, such as prohibiting lane changes in a sprint, unless there was a malicious intent.

If in a sprint two riders bump into each other unintentionally, just in the extreme gesture of trying to overtake each other, nothing can be recriminated.

But if, on the contrary, one of the two athletes were to illegally squeeze the other rider against the barriers, perhaps deliberately swerving to prevent overtaking, contrary to the rule that requires not changing one's trajectory in a sprint, and caused a fall, then in that case, it would go beyond the normal sporting risk, to be considered not accepted with consequent obligation to respond to all damages by the athlete who committed the unfair action.

In some cases, when the unfairness does not even have competitive purposes but goes beyond, with intent to cause damage, the relevance would be criminal, involving actions constituting a crime.

DAMAGE TO THIRD PARTIES

Beyond the possible event between cycling colleagues during training, another chapter concerns the cyclist who, even involuntarily, causes damage to third parties, for example to a parked car or a pedestrian on a cycle path, with related fault and civil liability.

It could be the case of contact with a runner, due to a simple swerve or miscalculation in maintaining distances, or misunderstanding about who should move, with physical and material consequences, or if the distracted cyclist hits a parked car, even if double-parked, denting the side mirror and door.

In both cases we would be held civilly responsible, having caused an unjust damage (the civil code article is 2043), and even if involuntary, we would be required to compensate.

In this field, the cases are the most varied, demonstrating that caution is never too much, so attention, when pedaling, must always be maximum.

In all these cases, the bicycle, for sports or other use, could be expensive for the wallet, which is why it would be advisable to preliminarily obtain a policy that can cover any damages we might cause to third parties, a remote but not impossible hypothesis, and for this reason the cost is worth it.

Those who went skiing in the last two years, for example, found it mandatory in the ski pass...

The advantage is precisely to economically relieve us from compensation requests from third parties to whom we might have caused damage, even if it were the training partner, who would be compensated, friendship or sporting bond notwithstanding.

The same policy is combined with the cards of amateurs who register with the Italian Cycling Federation, or other Sports Promotion Entities, which also impose the competitive medical examination, desirable for our health.

In any case, even if you were accused of causing damage, always and immediately rely on the advice and legal protection of ZEROSBATTI, because you might not be responsible or the damage might not correspond to what is claimed.

www.zerosbatti.it