banerjek

Out of control dogs, clueless joggers, kids, idiots, and a million other things are a constant feature of MUPs. If you are not ready for all of those things, you will crash on a regular basis. We don't have the video, but we do have a still showing excellent sight lines and loads of distance to close. Whether or not the dog owner is legally liable, my first question would be how the hell does a cyclist moving at MUP speeds get into a serious crash under such circumstances?

Bad drivers and bad cyclists blame circumstances and others for what happens. Sometimes that really is the case, but there's usually something reasonable that can be done. Whether or not the cyclist is entitled to compensation, he should be kicking himself in the butt for riding like a bonehead. This was totally avoidable unless circumstances are very different than they appear.

Dog owners are responsible for keeping their animals under control. Cyclists are responsible for riding in a safe and responsible manner. In the case at hand, both sides failed miserably.

DOS

Well this has been quite illuminating for me.I now know what my personal liability covers. My policy says nothing about dogs but I guess any injury caused by my dog would be by extension caused by me so under some circumstances (accident not caused by my violating law) I would be covered. However, I am not covered if the injury results from an "intentional criminal act". So if injury occurs as direct result of my willfully ignoring leash laws, I am not covered. So in Ops case, if lady purposefully let dog off leash, she probably isn't covered. if she can show dog got off leash as a result of accident (leash broke or dog slipped collar) she might be covered. Ins co would have to decide whether its worth trouble to prove one way or another accident or willful law violation. A police report probably would be useful here. Of course all this supposes lady owns a house or has similar renters insurance. if uninsured renter, then what?

Nagrom_

I doubt neglecting leash law is a criminal offence.

DOS

Well it's a midpsdemeanor for sure but by definition of criminal act "1. An act committed or omitted in violation of a law forbidding or commanding it and for which punishment is imposed upon conviction." It's a criminal act in sense that it violates law and I can be punished if convicted (fine). Also the policy says "intentional or criminal" acts that can be reasonably expected to cause damage or injury. Since intentionally ignoring leash law, resulting in out of control dog could reasonably be expected to cause damage or injury ( we wouldn't have leash law otherwise) the insurance co would probably be within its rights to reject. that said, it may not be worth the company's legal bills to try an prove the out of control dog was intentionally off leash.

David Broon 

Is this an A&S type deal now?

banerjek

Yes. Though we probably should create a subforum for MUP riding as stuff like this is fairly constant.

StanSeven

What's funny is you say this and your sig is "HTFU." A little inconsistent, huh?

rpenmanparker 

Let me say it again, just a little clearer, MUPs should be renamed AUBSCPs (Any Use But Serous Cycling Paths). All the other things going on there make serious road cycling very dangerous for everyone. Let the rider beware. That doesn't excuse some pet owner who is negligent, but it does warn the rider that bad things can and will happen.

I was coming up behind a jogger many years ago, and moved to the left to pass him. Just as I opened my mouth to announce, "Passing on your left," he decided he had gone far enough in the "out" direction. He U-turned right into my left lane to start for home, and we both went down. No real harm done, but it is just another example that fast cycling and all the other path activities don't coexist well at all. Even in moderate traffic I always feel safer on the street.

ARPRINCE

I don't know if you would be able to avoid the accident since the dog clipped me from behind without warning. You can see from this video clip that I already passed them (tree shadows). It would have probably helped me if they shouted something to attract my attention. It was such a beautiful day!

Main bike damage. I believe the dog jumped directly into my rear wheel.

I ride early AM since there are less ppl in the park BTW.

The dog is the one on the right.

ricohman

I feel bad about your accident, but why are you clipped in and riding at speed on a park walking path?
Really?
The people that ride on those paths are usually on cruisers or MTB's and are doodling along in sandals.
3 years ago my father-in-law was hit by a cyclist on a path like that and broke his arm. The city offered him a settlement and banned bikes from that path.
If you really want to ride you need to be on the road. It will be safer for you and others.
If you want to ride on walking paths you need to slog along at a casual pace.

FixedDriveJess

This is the problem with bike paths. My friend had to get bitten twice by dogs until he learned the street is safer.

Nagrom_

The problem is that they really aren't bike paths.

FixedDriveJess

Haha, well said. They're dog/skater/walker/jogger paths.

DOS

Yeah, I stopped riding them long ago. But not because I worry about me getting hurt. I feel I am at much less risk of being injured by a car while on a road than I am vulnerable on a path to an accident that would result in an injury to a pedestrian. Cars are much more predictable than pedestrians and dogs. They generally go straight, they generally tell you when they are about to change direction, and they generally obey traffic signs and lights ( with notable exceptions of course). But thanks to this thread, I now know that my homeowners liability would cover me should I be deemed responsible for an accident that causes an injury to a pedestrian (assuming I was riding within the law). So thanks for that folks.

Biscayne05

It's America.

Complain and sue whenever, whatever, whoever and whichever.

StanSeven

Exactly. Some people even hope for an accident like this. It's money in the bank. Plus it keeps lawyers employed.

ricohman

Whatever happened here?
Did the OP suck it up, buy a new bike, and ride on the road?

ARPRINCE

Nothing really for now. Waiting if if I have any out of pocket billing expense coming from the hospital (ER). Once that get's cleared, I'll send demand for reimbursement for all damages. On the other hand, I did get my wheel back from HED Cycling last Saturday. They replaced the RIM+CARBON fairing since they said and I quote "Rim too messed up".

longbeachgary

To the OP, I didn't know that you had an eye witness. ^^^^ If banejerk says you're at fault, that's all there is to it.