Cycling Time Trials (CTT) has supported and welcomed a legal judgement, handed down in June, which ruled that a County Durham-based club was not responsible for a collision with a motor vehicle that left a time triallist with serious injuries. The verdict comes as a boost for domestic racing and cycling clubs.
In Raymond Fell v Ben Hetherington and Ferryhill Wheelers, Mr. Justice Ritchie confirmed that time trialling is an activity for the benefit of the cycling members of society, and that CTT and Ferryhill Wheelers were not at fault for the incident.
On 23 May 2019, Hetherington was seriously injured during a 10-mile time trial when Fell made a right turn across the carriageway, negligently driving into the cyclist's path whilst Hetherington was riding at 37mph. Fell admitted liability to Hetherington but tried to blame Ferryhill Wheelers for a negligent risk assessment, inadequate signage and insufficient marshalling.
The judge rejected Fell's allegations and dismissed his claim for a contribution. The driver had failed to notice signs on two roundabouts while approaching the accident site, in addition to a large sign placed immediately in front of him as he made his turn. The cyclist was clearly visible.
He said the club and the CTT were "clearly dedicated to the sport and were serious and trying their best to perform the responsibilities for which they volunteered to assist members of the public who wished to do cycle time trials in pursuing their passion".
The judge added: "If a standard of care in relation to risk assessment that is too high is imposed on time trial clubs, people may be put off contributing for free or at all. Insurance premiums will rise. Volunteers are not looking to be sued, they are looking to help others. I find that this club and CTT itself was carrying out an activity for the benefit of the cycling members of society."
A CTT spokesperson said: "Although CTT and Ferryhill Wheelers were exonerated by the Judge's ruling, CTT will be reviewing the judgement in relation to the whole of its guidance and regulations and making any appropriate changes.
"Whilst CTT welcomes the judgement, which strongly supports volunteer sport, it does not forget that one of its riders suffered life-changing injuries with an enormous effect on him, his family and friends."
Leigh Day represented Hetherington and Ferryhill Wheelers. Laura Murphy, a partner at the law firm, said: "This provides helpful and sensible guidance for those who give their free time to help organise time trials or other racing events for the benefit of the cycling community in a safe manner."
