behind the “cycling craze”: when something goes wrong, the responsibilities of all parties must be clearly distinguished
2024-09-07
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in recent years, road cycling has quickly become popular on the internet, and the popularity of various cycling routes, cycling check-in spots, and other guides has continued to rise. outdoor cycling has become a new trend in various places. along with the rising popularity of cycling, there are also cycling accidents and lawsuits in various places.the dongcheng court summarized recent cycling-related cases in various places, reminding that behind the "cycling craze", organizers, managers and participants should all pay attention to the corresponding risks.
cycling organizers who fail to fulfill their legal obligations may bear corresponding responsibilities
in a dispute over the right to life, physical integrity and health heard by a beijing court, the defendant tang mou posted a cycling activity solicitation and itinerary information in a cycling wechat group, and then carried out a cycling activity with more than 20 cycling friends including the plaintiff liu mou. at noon that day, everyone had a barbecue and drank together at the dining place. on the way back after the meal, liu mou was riding at the end of the team and accidentally got into a single-vehicle traffic accident. he died after rescue efforts failed due to severe craniocerebral injury. liu mou's family sued tang mou and others to the court and demanded compensation for medical expenses, funeral expenses and other expenses.
after hearing the case, the court held thatalthough the organization of this cycling event is not competitive or profitable, after the cyclists participated in the cycling event, they developed trust with each other based on a common purpose, and the previous general relationship was transformed into a special binding relationship, which resulted in a higher duty of care. in short, the organizers of the cycling event should have a higher obligation to ensure safety, and other participants should have a higher obligation to help.in this case, tang, as the organizer, failed to fully fulfill his safety obligations such as dissuading drinking and accompanying the riders on the ride, and should bear the corresponding responsibility. the other riders also failed to fulfill their obligations to help, such as reminding and taking care of the riders after drinking, and were therefore also judged to bear the corresponding responsibility.
the cycling manager may be liable for compensation if he fails to perform his duties
although some organizers and managers will warn about the risks associated with cycling, since cycling teams are often loosely structured and lack corresponding management regulations, as the "younger" cycling phenomenon spreads, disputes arise due to poor parental supervision of some minors participating in cycling activities.
in 2022, a court in zhejiang heard a dispute over liability for a non-motor vehicle traffic accident.deng, who was under 12 years old, collided with qian, who was nearly 80 years old, while riding a bicycle. the traffic control department determined that deng was fully responsible for the accident.after the trial, the court held that the defendant deng failed to comply with relevant traffic safety regulations and should bear full compensation liability for qian's personal injury. since deng was a person with limited civil capacity at the time of the incident and had no separate property, his parents should bear the compensation liability. the court finally ruled that deng should compensate the plaintiff for economic losses of more than 100,000 yuan.
our country's laws clearly stipulate that you must be at least 12 years old to drive a bicycle. according to data released by the road traffic safety research center of the ministry of public security, cyclists under the age of 12 in my country account for 7.5% of the parties involved in cycling accidents. with the rise of road cycling activities, many minors have participated in them, but the team leaders and parents have not fulfilled their management responsibilities. due to the small stature, low field of vision, poor risk awareness and judgment, and lack of road driving experience, minors are difficult to respond to complex road conditions in a timely manner. in addition, minors lack physical strength, short palms, small tiger's mouths, and weak body control, which can easily cause safety accidents caused by untimely emergency braking. at this time, if parents, as guardians of underage cyclists, fail to fulfill their guardianship responsibilities, they will be listed as co-defendants in the case and participate in the lawsuit, and bear compensation liability.
cycling participants who do not behave in a standardized manner may be held legally responsible
as participants, "cyclists" themselves are the first responsible persons for the safety of life and property. in a motor vehicle traffic accident liability dispute heard by a beijing court in 2021, when oncoming vehicles met, the plaintiff was found by the court to bear certain faults because he used unilateral pedaling and sliding on the downhill section of the road, which easily caused a traffic accident.in a non-motor vehicle traffic accident liability dispute heard by a shanghai court in 2024, the defendant yu was riding in the opposite direction, violating my country's basic traffic rules of driving on the right. the accident section was a straight lane, and yu failed to adjust his route in time to return to the correct lane. he was clearly at fault and was ultimately judged to be fully responsible for the accident.
organizers, managers and participants of cycling activities should ensure cycling safety and fulfill the safety guarantee obligations stipulated by law. before the event begins, organizers should conduct risk assessment and prevention, inspect the dangers of the route, pay attention to the weather along the route and formulate risk plans. at the same time, they should strengthen the qualification review of cyclists and pay attention to safety education and risk warnings for participants. managers should pay attention to on-site command and safety guidance during cycling activities, persuade participants to stop dangerous behaviors, take care of people who are physically exhausted, and actively organize medical first aid and assist in rescue in the event of an emergency. participants should also carefully check their cycling equipment, regulate their own behavior, wear protective equipment, and jointly create a safe and harmonious cycling environment.
