Jury Awards $353 Million in Death of Champion Cyclist Gwen Inglis

Inglis Family Hopes Verdict Will Deter Impaired Driving

Left to Right - Rich Kaudy, Megan Hottman, Mike Inglis, Julie Erffmeyer, and Keith Erffmeyer

A Jefferson County jury awarded Gwen Inglis’ family a $353 million verdict on December 6, 2022 as a result of a wrongful death civil lawsuit. Megan Hottman and Rich Kaudy of The Kaudy Firm, Megan’s mentor and trial partner, represented Gwen’s husband, Michael, and her Estate.

The six-person jury heard evidence and testimony for a day and a half before reaching its verdict. The verdict breaks down as follows:

  • $100 million in non-economic damages, for pain and suffering,

  • $3 million in economic damages, for the loss of Gwen’s income, and

  • $250 million in punitive damages.

It is important to note that this was not a settlement. A settlement occurs when both parties agree to a resolution before trial. This was a verdict reached by a jury following evidence and witness testimony presented at trial. It is very uncommon to see a verdict of this size in JeffCo or Colorado.

We are hoping this verdict is used as a precedent in future cycling cases and that other lawyers representing injured or killed cyclists will point to this verdict in their cases and say—this is what you should do here as well. We want all drivers who hit cyclists getting hit with these kinds of verdicts and monetary consequences. 

Megan Hottman

Although there is no amount of money that will bring Gwen back, we hope that this verdict will send a message to drivers that driving under the influence of drugs or alcohol is not acceptable. In the words of Gwen’s husband, "No amount can bring back Gwennie, but $350 million is a tribute to Gwen's amazing character."

Gwen Erffmeyer Inglis

Gwen, a 2019 US Masters road race champion in the 45-49 age group, was just 46 years old at the time of her death. On May 16, 2021, she and her husband were out on a training ride in Lakewood, CO and were riding in a designated bike lane on Alameda Parkway. It was a Sunday morning at 10:00 a.m. when Ryan Montoya, the driver, struck Gwen from behind after drifting into the bike lane with his vehicle. Montoya nearly hit Michael, who was riding behind his wife, just seconds before the crash. According to witness testimony, both Gwen and her bike were catapulted in the air landing about twenty feet from where she was hit. The forensic pathologist ruled the cause of death multiple blunt force injuries. Montoya was coming back from Blackhawk and driving under the influence of alcohol as well as methamphetamine, Xanax and marijuana. He was also sleep-deprived and had been driving back and forth to Blackhawk since that Friday.

Montoya pleaded guilty to vehicular homicide-driving under the influence in April 2022 as the result of a plea deal. In June 2022, a judge sentenced him to eight years in prison which was the maximum sentence the Judge could hand down based on the plea deal. Montoya will be eligible for parole in 2025.

Prior to killing Gwen, Montoya was convicted of possession and distribution of a controlled substance and a 2014 DUI. Just ten days before Gwen’s death, Montoya was charged with DUI in Gilpin County.

Photo by Natalie Starr

Ah, November… by Bike Ambassador Ben Boncella

Ah, November… When you can’t even finish your first cup of coffee before the sun starts setting and it starts getting dark. The extra pounds from too much Halloween candy are still lingering, yet the Holidays (and the countless number of Holiday parties) are right around the corner. We can only dream of those perfect riding days as we layer up before heading out the door now.

I’ve started to really embrace the fall/early winter this year. It’s proven to be my favorite time of year to ride gravel/offroad. There’s something special about riding among the colorful fall foliage and even the barren trees that follow shortly thereafter. And it turns out that leftover Reese pumpkins are an excellent form of on-the-bike calories.

It’s also a great time of year to spend less time on the bike and more time pursuing other activities and interests. You can bust out those running shoes and lace up. Or get your skis prep’d for the upcoming season. Maybe you take your dog out for some longer walks. Or spend more time helping your kids with their school work or projects. Maybe you finally get a chance to read a few of the books on your list. Or start decorating and baking for the holidays.

Whatever you get up to this time of year, enjoy it! I know that for many of us, cycling and endurance sports are a massive part of our life. Enjoy the moments, however fleeting they are now, to pursue some quality training, but also embrace the downtime. Spring and summer will be here before we know it.

Until then, I’ll be using the extra pockets of my jacket for stashing various combinations of chocolate and peanut butter candy :)

Simone Biles, Naomi Osaka, all of us…by Bike Ambassador Juliet Byerly

All of us have something in common.  Millions of Americans experience this, yet somehow, such a deep stigma exists as a culture, we generally avoid talking about it.  On May 31st, Naomi Osaka withdrew from the French Open revealing she had been experiencing “bouts of depression.”  Then this summer, at the Tokyo Olympics, Simone Biles withdrew from the Vault and Uneven Bars finals to focus on her mental health.  

They had the world’s spotlight shining on them. 

They had trained for years for this moment.

Millions of fans waited to watch them compete and see them hoist a trophy or a gold medal once again.

Instead, they used that spotlight to say something few world-famous athletes have ever dared to say out loud: I need to step away from this competition and focus on my mental health. Yes, all of us struggle with mental health issues but most of us are afraid to say it out loud.

2020 was a really bad year for most of us regarding mental health.  2021 isn’t shaping up to be that much better.  So, what happens when the thing I’ve always used to “focus on my mental health” - riding bikes - is the last thing I want to do right now?  I’m going to use this space to go ahead and unpack this for a minute.  

I got my first road bike in 1979.  It was a Huffy Contestant and it was way too big for me.  I didn’t care and I made it work.  I didn’t exactly have the most mentally stable home when I was a child.  As a matter of fact, it was dysfunctional.  There was a lot of love, but you probably could open the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders) on a random page and you could find something that would apply to any member of my family.    I quickly learned I could use my bike to escape.  So, escape I did. I rode that thing everywhere in Los Angeles where I was born and raised.  That continued when I moved to Boulder, Colorado for college.  Ever since then, bikes have been an important part of my life – mostly casually for transportation, but also to escape a bad marriage, bad jobs, breakups, you name it.  So then in 2020, the coronavirus pandemic struck and our world was turned upside down.  Naturally, a whole heck of a lot of us got out there on our bikes.  So did I.  As a matter of fact, after my cat died, then I weathered a devastating breakup, and some other awful things happened to me during the lock down, I decided enough is enough and it was time for me to make my mental health my number one priority.  So, I went to my job as paralegal at a fancy Cherry Creek law firm, walked straight into my boss’s office and quit my job.  Focusing on my mental health was going to be my new job. I rode my bike every weekday for 2 months.  As a result, I had never felt better in my life.  I started a new job that I absolutely love that literally fell into my lap in December 2020, but since sometime in September of this year, I just stopped riding my bike.  I just couldn’t do it and I was beating myself up because of it. Why??? What was going on with me?

I can think of a million reasons that I could discuss here ad nausem and none of them really matter.  For a while, I felt guilty about every single one of them.  I felt guilty about neglecting my bikes, not getting all the miles in, FOMO, missed my riding partner/ex boyfriend, et cetera, et cetera.  Here’s where I landed:  I needed to give myself a break.  It’s not a competition!  My bikes got me through the really difficult times, and they will be there for me again when I’m ready.  Mental health is such a mysterious and fragile thing and I’m finally figuring out how to observe and honor it.  For now, I’m taking a break from riding AND IT’S PERFECTLY OK.  I feel much better after I gave myself permission to not worry about it.  I know that one day soon, I’m going to look over at Stella and Sidra (my bikes) and say “let’s go” and it’s going to feel amazing.

Most of us can’t just quit our jobs to ride bikes or do whatever it is that makes us happy.  I was fortunate to be able to do that.  The point is that we have got to listen to ourselves and normalize taking care of our mental health and talking about it.  Whatever that means for each of us as individuals, do whatever it takes to make it happen.  Set up your life to accommodate that, and if you don’t know how, ask for help. If you don’t know where to start, hit me up.  I would be happy to get you started. Until then, enjoy the ride 😊

How to Feel Like a Kid Again by Bike Ambassador Andrew Phillips

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This is a picture of my Grandma Bryant when she was about 14 or 15 years old in 1950.  She had just bought this used bike with her own money and was pretty proud of it.  As the oldest of six growing up in a small farmhouse just outside of Salt Lake City, this bike (like all of our first bikes) meant so much more than just a quick way to get to the school house – it meant freedom.

I can imagine her riding it down the dusty roads to explore creek beds or to visit friends.  Or maybe she rode it just to feel the wind in her hair and to laugh out loud as she whistled some new tune.  She loves whistling still – so it wouldn’t surprise me at all.  I guess it’s easy to imagine what it must have been like for her, because I so vividly remember getting my first bike that belonged only to me (I’m the 2nd of 5) when I was about her age.

When I was 15, we lived about 20 miles from my Grandma Bryant in the panhandle of Northern Idaho along the Pend Orielle River.  It was an absolutely beautiful place that just begged to be explored.  One lazy summer day I convinced my best friend Nick Guenther to ride the 20 miles with me to Grandma’s house and promised she would have something good for us to eat.  The Pend Orielle River is famous among bike packers and we would often see them riding by in the summer.  As we set out, I didn’t think it would take too long to get to Grandma’s given that I had ridden to town about 7 miles away a bunch of times and it never seemed that hard.  As I think back on it, I know it was a mere 20 miles – but holy cow that day seemed endless.  I felt like I could have, and in fact did, ride forever. 

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We eventually made it to Grandma’s, had some cookies, went swimming in her creek and fished for trout until the late afternoon until we figured we ought to get back on our bikes and start heading back.  It was an incredible day with Nick and though I’ve lost touch with him over the years, I’m certain he would remember that adventure fondly.  This was all before the days of cell phones, so we were completely on our own.  As I look back on it, I can’t believe our parents let us head out so ill prepared.  It didn’t matter though that we didn’t have a spare tube or nickel between the two of us, we were going to just go and have a great time.  We had no mishaps and pedaled along slowly, stopping whenever we needed to get a drink from some creek or another.  Seriously, I can’t believe I survived my childhood!

I’ve had so many incredible adventures (both big and small) on my bike since then and am so grateful that I learned early in my life what an incredible feeling of satisfaction can come from riding your bike.  I guess that’s one of the reasons I keep riding, I love the adventure so much.  I love seeing, smelling and hearing new places the way you never could if you’re in a car.  I hope you can remember some adventure you had on your bike when you were a kid and know that those same feelings are just a few pedal strokes away even when you’re an adult.   

Bikes, Burnout, and DOGS by Bike Ambassador Chris Welch

What a weird year, or has it been two? I know a lot of people have done two things to avoid burnout in 2020-2021: buy a bike and adopt a puppy. As someone who was saved by a stray dog, I thought my story might be important for everyone right now. But first, a little background on me.

My name is Chris and when I am not riding a bike, you can find me defending the public at the Colorado Springs Public Defender Office. I also teach yoga, rescue farm animals as a board member of Iowa Farm Sanctuary, and enjoy spending as much time as possible outdoors. My life is fairly busy and I squeeze a whole lot into very small periods of time. So where do bikes and dogs fit into my busy life? Well it all began on a warm day in August, four short years ago. 

On August 8, 2017, I planned on meeting Crystal and Nick Kovacs for a short bike ride. In 2017, I had an unexpected spinal surgery due to a bike crash and I had just been cleared by my spine surgeon to resume my regular life. I was ecstatic to get back on a bike! We planned to meet on the Heritage Trail in Farley, Iowa. We also planned to follow up our get together with some vegan pizza at Junction 21. On August 8, 2017 my plans changed instantly when a stray dog came wandering out of the woods. The dog was alone, covered in ticks, and full of wounds. He panted so hard for those first few days that I worried about his heart. We called the local police chief to see what we should do. When she arrived, she asked if I could take the dog in for a short time while we searched for his home.

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I drove him home and realized that I had nothing for a dog. Luckily, our bike friends Hannah Krieger Ney and Scout (@sheepdogscout), drove here in the middle of the night to help me. They brought a crate, some food, and some puppy supplies. They stayed for a few days to make sure we were okay! The next morning, we got the dog to the vet. The vet turned his wounds into scars, cleaned him up, and he was given medicine for his ailments. The dog began to heal. The next day I got a big crate from my co-worker and the friend who introduced me to ultra-cycling, Tom.  With the crate, I could finally leave the stray alone, and he finally got to sleep in my room! 

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Over the next few weeks, we hunted for the dog’s home. We made calls, we posted to social media, we swung by the Humane Society, we exhausted all of our resources trying to find the story where this dog came from. Meanwhile, we went on walks and we began to bond. The dog came to trust me, and met my parents Nan and Jerry. A few weeks went by without us hearing anything and we realized this dog must have been a stray. So one morning after one of our many walks, I took the dog out to the backyard and told him that I wanted him to stay with me forever. We used the Internet and collectively named the dog “Farley.” He was not a stray anymore. He found his home. 

I knew it wouldn’t be easy to introduce a stray dog into my life. I knew I would have to sacrifice some of the bachelor lifestyle that I’ve enjoyed for so long. I knew that I would have to sacrifice some of the long races I had done in the past, as I could not just leave a dog for multi-day events. I knew that we needed each other though. I knew he would bring me love.

As the years have past, I have slowly introduced Farley to cycling. He loves to mountain bike so we try and find trails that are off-leash dog-friendly. He also loves to run in the snow with me while I fat bike, even doing a loop of the Leadville Colorado Fat Bike trails in 2021. I am careful about the temperatures and make sure to bring him lots of water for hydration. I also do not take him on popular trails or places where it would not be appropriate to bike with a dog on or off leash. A lot more preparation goes into even short rides, but it is totally worth it. 

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In the last two years, we have been faced with incredible stress. I would be lying if I said that there have not been times were I have been faced with immense feelings of burnout. What has saved me is bikes and a stray dog named Farley. What has saved me is remembering the joy of cycling. The joy for me is found when I see how much fun Farley is having next to me when we ride. The joy is contagious. We do not have to go far, we just have to get out there. If you are feeling low in these incredibly difficult times, what if you tried something simple like just riding your bike? Maybe with a friend? Maybe without your devices? Maybe without keeping track of speed or distance? Who knows, maybe you too will stumble upon a stray dog that will change your life! 

 Ride on, 

  • Christopher Welch, @thegraveldefender and Farley, @goodboyfarley. 

Successful Defense of a Cyclist -Plaintiff Pays Us to Wrap Up Lawsuit

We successfully defended a cyclist who was sued personally, when a woman stepped off an RTD bus into the bike lane, causing a collision between herself and the cyclist riding there.

The RTD bus stopped well back from the designated bus station (230 feet to be exact) in Boulder and began letting passengers off the bus, causing them to disembark out into the bike lane. The bus was stopped to the left of the bike lane and there were no other indications that the bus was doing anything besides stopping behind a line of cars at a red light. Caught completely off guard, our client was riding his bike in the bike lane on his way to work and suddenly had a woman stepping off the bus directly in front of him; there was no time or chance to avoid impact. Both the passenger and our cyclist client sustained injuries.

The passenger was cited by Boulder PD: “Pedestrian improperly entered roadway,” pursuant to 7-5-14:

7-5-14. - Pedestrian, Bicyclist, Human Powered Vehicle and Electric Powered Vehicle Entering Roadway: No pedestrian or driver of a bicycle, human powered vehicle, or lightweight electric vehicle shall suddenly leave a curb or other place of safety and walk, run, or drive into the path of a moving vehicle that is so close as to constitute an immediate hazard.

She (the bus passenger) went on to sue RTD and negotiated a settlement for her medical expenses and other claims. Nearly 3 years after the collision, she then served a lawsuit on our client, alleging all of the same injuries, damages and losses against him.

With no applicable insurance coverage to defend him, he sought our help in defending him in this frivolous lawsuit.

We initially believed the case would be thrown out on a statute of limitations issue: the lawsuit was brought over 2 years after the incident occurred. The 3-year Colorado SOL applicable to cases involving a motor vehicle, we argued, did not apply here, since the lawsuit was brought against our client- a cyclist -for acts arising out of his riding a bicycle. The incident involved an RTD bus, but this lawsuit against our client didn’t involve the Bus operation- it involved the cyclist and the pedestrian/bus passenger.

Shockingly, the Court denied our motion to dismiss. The lawsuit was allowed to proceed.


When Megan deposed the Plaintiff-passenger, she admitted she was looking to recover money from our client for the same claims and expenses she had recovered from RTD. She admitted she was seeking double recovery. She alleged she was embarrassed by the disfigurements to her face from the collision, specifically to her nose, yet finding her online we discovered she is a fire dancer in her spare time -- she dresses in small outfits, performing in front of crowds while waving fire sticks and hoola hoops around. Close ups of her face were plentiful- she did not look like a woman ashamed of her appearance online.

As her frivolous lawsuit proceeded, we had to seek sanctions not once but numerous times for her and her lawyer's failure to disclose the social media posts and content we sought in our discovery requests. We were successful in winning these sanctions motions, resulting in the Plaintiff's lawyer paying us for our time and expense in fighting to get those documents and posts.

As the case drew near to trial (having been postponed during 2020 due to COVID, it was set for trial this August 2021 in Boulder County), the Plaintiff's lawyers indicated they wanted to dismiss the lawsuit and asked for our agreement.

But by this point --well over 2 years into this odyssey, our client had incurred attorneys’ fees and we’d incurred thousands in case costs. We agreed to the dismissal of the lawsuit ONLY IF the Plaintiff would pay for our client's costs.

That's right. Our client -subjected to this frivolous lawsuit -recovered money from this plaintiff and her lawyers. The Plaintiff and her lawyers wrote US checks- for sanctions -and for settlement, in order to get their lawsuit dismissed.

This is what it means to zealously advocate for cyclists.

Most of the time we sit in the Plaintiffs' chairs... but now and then we wear the defense hat, as we did here.

And we do not take frivolous lawsuits against cyclists riding lawfully in bike lanes, lightly.

Time on a Bike, with Friends, Raising Money for Causes by Bike Ambassador Mel Levin

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 In last year’s blog, I wrote of how the pandemic isolation and subsequent cancellation of events allowed me to find joy in simply riding a bike, rather than “training.”

This year, I’m happy to say that event riding is B A C K, and I love to do events that are fundraisers for illnesses/institutions I care about. I’ve already done the MS ride, just last weekend, and last year’s lessons were applied to my choice to ride the shorter (34 mile) ride rather than the longer (78 mile) ride because of thunderstorms expected to be in the area before my projected finish time.

The older I get, the more important it is to listen to my body, to give it recovery when needed, and to avoid dangerous conditions like riding in a thunderstorm! Less visibility to automobile drivers! Slicker roads! In years past, I’d have felt compelled to ride the ride I signed up for, but last year’s reminder of the joy in riding a bike, allowed me to step back, to nurse my sore foot (sore from a recent distance trail run), and to ride with my OUTspokin’ teammates. All of them had either initially chosen the shorter ride or stepped down from the 78 to the 34, following my lead of “safety first.” The day couldn’t have been more perfect, and I later learned from a friend of the 20-minute downpour and wet last ten miles. A good decision, a safe decision, had been made. Additionally, I was able to ride a strong pace I was proud of...a strong 34-miler was better than a crappy 78 on that particular day.

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On the upcoming Courage Classic, held out of Copper Mountain, I am the team captain for RadioActive, a team of Pediatric Radiology docs and friends/colleagues. The ride has always been a two-day event benefitting Children’s Hospital Colorado, canceled last year due to COVID and shortened to one day only for 2021. I aim to ride the 78-miler over three mountain passes and a mountain that day (the same route as the famed Copper Triangle). I also aim to change my plan if weather is bad, to be an inspiring team captain for my friends and colleagues, and to enjoy the day, whatever happens.

Time on a bike, with friends, raising money for causes I care about, that’s where you’ll find me as long as I’m fit and able.

5 Things to Do If You Come Up on an Injury by Bike Ambassador Tom Stott

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Injury. Is there any scarier word for the endurance athlete? Over the years as a cyclist and runner, I’ve personally worked through a number of injuries, and I’ve helped people rehabilitate from countless proximal hamstring strains, piriformis irritations, iliotibial band restrictions, and thoracic & cervical spine pains. It’s a nightmare-turned-reality situation that can surface, seemingly, out of nowhere. Whether it’s at the ankle, knee, hip, lower back, shoulder, or neck, an inflammatory process can derail our training plans and send us spiraling down a hole of depression.

After more than an entire year of social distancing, safety precautions, and solo workouts, many of you are likely carrying some momentum behind you. Maybe you even feel fit! Then, like a sock full of quarters, you wake up one day to the reality that you can’t put your foot on the ground without extreme pain in your arch. *cue the really sad trombone slide whistle* For the unforeseeable future, your life is going to look vastly different. The hours you spend training and producing pleasure-enhancing brain chemicals will seem like an unfillable void in your life. Here’s what you should do if you find yourself in a spot of bother.

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1) Talk to your close friends. If you can meet them up for a walk, do that. If you are not ambulatory at the moment, meet them up for tacos. The point is that, when injuries arise, we often crawl into seclusion. While time for reflection is an important part of the process, communication and human contact are pivotal for our psyche. SPECIAL ATTENTION to all of you men out there, as we’re historically terrible at conveying our feelings and both asking for and accepting help.

2) Plan what you want to do coming back from your injury. While this might seem a little frustrating at first, setting your sights on what you want to do is as important as setting a goal for a race. Focusing forward on the positive sets the intent for healing and will help ground your (temporarily less-active) brain.

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3) Do something on your life checklist that you never get to do because you’re always busy training. Frame some inspirational posters and put them up in your training space. Paint an accent wall or put up a decorative stencil in the room where you do most of your relaxing. Clean out a part of your closet or dresser and organize your training gear, so that you’ll be more efficient when you get ready to head out the door in the future. Find a way to be beautifully productive. 

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4) Breathe and accept the situation for what it is. Can you still be pissed off? Ab-so-freakin-lutely! Should you dwell in self-pity and sorrow for more than a finite amount of time (depending how how quickly you process things)? Most definitely not. Adding stress about being stressed that you can’t do the thing that helps destress you will only cause you more… well… stress. Instead, try to alleviate your frustrations through outlets that work for you.

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5) Nail the mental piece to training your body. As endurance athletes, the physical body is what we nail when executing a training plan. The mental side of things? That discipline can usually use at least a little bit of work. While you may not be able to satisfy your craving for those delicious endurance endorphins, you can still provide your self with some love. One of the most self-rewarding human experiences occurs when you show gratitude and appreciation toward others. Take a moment to handwrite a letter to a friend, a training partner, a mentor, or a coach. Express how they helped you grow, either as an individual, as an athlete, or both! I’ll leave it up to you as to whether or not you want to send it. ;) Looking for something more passive in nature? Help soothe your autonomic nervous system and relax your reptilian brain with some guided meditation. Hop on Amazon Prime or YouTube and find a 20-minute routine that will provide a backbone for you to temporarily “check out.”

In my 20+ years of working with endurance athletes, I have yet to meet one that hasn’t had to overcome adversity in the form of a comeback from injury. From my experience, if all rehabilitation methods & recovery strategies are equal, the biggest separator that determines how fast an athlete bounces back easier/smoother/faster is the resilience of the individual’s mind. Find something from the list above that peaks your interest and start there. Build that bridge to recovery!

Commuting by Bicycle, Even Thru a Pandemic by Bike Ambassador Tim McAndrew

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I love riding a bike! And over the last year, the need to get out of the house and experience the freedom that only pedal power truly provides was absolutely essential. I took advantage of it whenever I could. And while I was one of those who was required to go to the office, I took full advantage of the reduced vehicular traffic to commute by bike to work more than usual. Man, was it great having the roads almost all to myself both going in and coming home.

Here we are in June of 2021 and we’re getting awfully close to being back to normal, at least as far as traffic and rush hours go. Normally, this time of year I have a good 25-30 days of commuting under my belt. But, due to the cold, wet spring we’ve had in the Denver area this year, my commuting days are down. But, alas, the weather is breaking and the days are starting to add up.

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I started commuting by bicycle back in 2002 while living in London. It started as a way to get around the notoriously undependable and overcrowded trains – I would ride in one day, shuttling two days of work gear, and then run in the next. Getting the logistics down is a key ingredient to successful bike commuting. Now that I’m back in Colorado, my commute is significantly longer so the bike is my primary alternate transportation tool. Fortunately, I have a little closet at the office that I use to store several work “kits” so I no longer have to shuttle gear back and forth each day, and my back thanks me for this little gift every day!

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Commuting by bike for me is such a win on so many levels. I get at least one good workout in each day; I trade car/traffic time for exercise time (i.e., I have more time for family); I start almost every morning off with a beautiful sunrise, and I get to totally decompress on the bike when commuting home. What this does for my total psyche is absolutely incredible.

I can’t recommend bike commuting enough and I encourage everyone to give it a try. Start small. Try doing it on a weekend when you have extra time and can explore the best route(s) to get both to work and back home again. This will serve you well when you ultimately tackle it during the work week. And who knows…you may find, like I did, that you have a favorite route that you prefer to do in the summer and another that you keep for shorter commutes in the winter. 

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Here’s to seeing you adding bike commuting to your bike riding repertoire! Trust me, you won’t regret it. And remember: #ridemoredriveless

The Importance of Events and Organized Rides by Bike Ambassador Erin

Are you still of the mindset that bike events, races, and organized rides are just for “hard-core” weekend warriors or elite athletes? While there are plenty of events geared toward these types of cyclists, there are a ton of great events for the average biker - or total newbie - to participate in as well. 

The biggest reason I’m an advocate of signing up for an event is that it creates a sense of urgency and purpose for your training. By registering for an event, you are essentially committing to weekly rides and workouts in order to prepare for the race. This can be particularly helpful if you are new to cycling or tend to get discouraged easily. Knowing you have an event or organized ride can help you stick to your training program despite bad weather, setbacks, busy schedules, or waning motivation. 

I believe these types of events also help break down boundaries and build confidence. Most events are held to raise money for a charity or greater cause and this can help unite people of different backgrounds for a common cause. Charity events bring together riders of various abilities as well and you can always learn something from more experienced cyclists. Further, you will build confidence by setting a goal and achieving it.

There’s no better feeling than crossing the finish line of a century ride or multi-day event for the first time. 

If you still aren’t convinced, consider that they are just plain fun! From bragging rights to cool swag bags to post-race celebrations, organized cycling events offer something for everyone. Grab a friend or two and find a local race in your area. And you’ll have a built-in training partner if you register for an event together. There are so many great ones in Colorado that you won’t have a hard time finding one that works for you.

I like to pick a couple of rides each season to make sure I’m putting in the training miles. This year, I’m doing the FoCo Fondo gravel ride in July, which will be a totally new experience for me since I am new to gravel riding. Several of my fellow Bike Ambassadors will be joining me on this one so it’s sure to be a blast! Two years ago, I did the Venus de Miles ride with a couple of friends and I’m planning to do it again this year at the end of August. Venus de Miles is Colorado’s original and largest all women’s bike ride and benefits Greenhouse Scholars, an education nonprofit that cultivates extraordinary leaders to change low-income families and communities. Great ride for a great cause! Who wants to join me?

What's in a Waiver?

“A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. Some activities are considered inherently dangerous, and those who participate in such activities may be required to sign a release form, acknowledging that they are assuming the responsibility for their voluntary participation in such activities. The release acts as an assurance to the person requesting the release that they will not be subjected to litigation resulting from the signing party’s informed and consensual acts.”
— https://definitions.uslegal.com/w/waiver-and-release-from-liability/

We’ve been approached by numerous companies who rent bikes or host events, and they’ve asked us to review their waivers. In so doing, it brought to mind the issues surrounding waivers we cyclists are often signing, or creating for our own endeavors. Here is a primer meant to inform and educate you about waivers.

***This is NOT legal advice - as these laws change and evolve often, be sure to consult an attorney for the most up-to-date information.

Please note, this blog is oriented towards Colorado law for purposes of this discussion. Waiver laws and cases vary drastically from state to state.

A release of liability waiver is an agreement that you will not hold someone else liable for your bodily injuries or property damage. Liability waivers are often used by companies who provide services such as rental bikes or bike tours, or run events such as a bike race or triathlon. Liability waivers are used as evidence that you were warned of the risks of participation, and that you agreed to assume those risks.

Signing a liability waiver is often a condition of participating in an activity or event. If you don’t sign it, you don’t get to participate.

Exculpatory agreements are construed strictly against the party seeking to limit its liability. Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781, 784 (Colo.1989). However, the validity of such waivers is a question of law. Jones, 623 P.2d at 376; Stanley v. Creighton Co., 911 P.2d 7405, 707 (Colo.App.1996).

In determining whether an exculpatory agreement is valid in Colorado, there are four factors which a court must consider: (1) the existence of a duty to the public; (2) the nature of the service performed; (3) whether the contract was fairly entered into; and (4) whether the intention of the parties is expressed in clear and unambiguous language. Jones v. Dressel, 623 P. 2d 370 (Colo. 1981).

Waivers should be carefully scrutinized to see that the “intent of the parties is expressed in clear and unambiguous language and that the circumstances and the nature of the service involved indicate the contract was fairly entered into.” Chadwick v. Colt Ross Outfitters, Inc., 100 P.3d 465 (Colo. 2004). Chadwick involved equine activities- specifically, an incident that occurred during a hunting expedition, guided by Colt Ross Outfitters, Inc., in which Chadwick was thrown from a mule and sustained severe injuries. The Supreme Court of Colorado affirmed the Court of Appeals in finding that (1) the release agreement was not void as against public policy; (2) the language of the agreement reflected a clear and unambiguous intent to release the Outfitter from all liability for any injury resulting from Chadwick's participation in activities of the guided hunt; (3) that the agreement contained the warnings expressly required by section 13-21-119, 5 C.R.S. (2003); and (4) that riding a mule fell within the statutory definition of equine activities, as well as the broad language of the agreement concerning the use of animals while participating in the activities of the hunt.

Colorado courts have consistently upheld broad waivers for equine activities.

Courts will often review the length/legal complicatedness of the release or waiver in assessing factor number 4 above. In Hamill v. Cheley Colorado Camps, Inc., 262 P.3d 945 (2011) the Court stated, “the agreement here is not inordinately long-three and a half pages. The legal jargon is minimal.”

So, keep your waivers short and simple, easy to read and understand.

It is reasonable to interpret the broad language of a release to cover claims based on negligence; otherwise the agreement would be essentially meaningless. It is not necessary to describe in detail each specific risk that might be encountered. Lahey v. Covington, 964 F. Supp. 1440 (D. Colo. 1996).

What about minors?

A court will use the four-part test articulated in Jones listed above, 628 P.2d at 376, AND will look at whether the parent made an informed decision under section C.R.S. 18-22-107 to release his/her child’s prospective negligence claims. That statute states that "so long as [a parent's] decision to waive the child's claims is voluntary and informed, the decision should be given the same dignity as decisions regarding schooling, medical treatment, and religious education." C.R.S. § 18-22-107(I)(a)(V).

For a thorough review of the 4 factors as well as releases involving minors, consider reviewing the Hamill case here.

Public or Essential Services

A liability waiver can be unenforceable if you have to sign it in order to use a public or essential service. Courts have told us that certain activities are not public or essential, including: Skydiving, Whitewater rafting, Horseback riding, Mountain biking, Skiing, Snowmobiling tours. Some factors that may make a service public or essential include: regulated by the government, important necessity for a lot of people, service provider says they allow anyone to use the service. An example of a public or essential service is commercial airlines. x (See Jones v. Dressel).

Willful and Wanton?

In no event will an exculpatory agreement be permitted to shield against a claim of willful and wanton negligence. Jones v. Dressel, 623 P.2d 370, 376 (Colo.1981), citing Barker v. Colorado Region, 35 Colo.App. 73, 532 P.2d 372 (1974); Kansas City Power & Light Company v. United Telephone Company of Kansas, Inc., 458 F.2d 177 (1972); Ciofalo v. Vic Tanney Gyms, Inc., 10 N.Y.2d 294, 220 N.Y.S.2d 962, 177 N.E.2d 925 (N.Y. 1961).

What is willful and wanton behavior? In Brooks v. Timberline Tours, the 10th Circuit Court of Appeals stated that in Colorado, willful and wanton behavior requires “a mental state of the actor consonant with purpose, intent, and voluntary choice,” citing Potter, 849 F.Supp. at 1411. It is “conduct which an actor realizes is highly hazardous and poses a strong probability of injury to another but nevertheless knowingly and voluntarily chooses to engage in.” (citations omitted).

In Rowan v. Vail Holdings, Inc., 31 F. Supp. 2d 889 (D. Colo. 1998), the Court found sufficient evidence for a claim of willful and wanton conduct to go to the jury. There, several prior skiers had close calls with an unprotected picnic deck before Rowan died by skiing into it.

Our book devotes an entire chapter to waivers/releases of liability. Order your copy HERE.

For more, consider this Colorado Lawyer Article HERE. Another great resource is Sportwaiver.com.

“Parks for the People” Rally by Bike Ambassador Melissa Colonno

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This year, one of my goals as a Bike Ambassador has been to get more involved in local bike advocacy. I was thrilled to take part in Denver Streets Partnership’s “Advocacy Academy” this spring and learn about different ways I can advocate for better bike infrastructure in my community. As part of my work in this role, I helped organize a “Parks for the People” event in Denver’s City Park in April.

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Denver, like many cities across the world, closed several streets to vehicle traffic during the COVID pandemic in order to make more room for people to recreate safely while still distancing themselves from others. In early 2021, Denver reconsidered the role of these streets in our city and parks, and whether or not the closures to cars should be made permanent. Many parks in the city remain closed to vehicle traffic, but the Denver Parks and Recreation Department decided to reopen most of City Park’s roads to cars.

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The April “Parks for the People” rally was a family-friendly event celebrating the use of the park by people walking and rolling. The goal was to bring attention to the safety issues of having vehicles in the park, and also to advocate for a car-free route through the park for transportation and recreation. As part of the event, I had the opportunity to lead a group ride through the park. It was my first time leading a ride, and the experience was one I will never forget. So much enthusiasm! 

Participating in the rally was a very educational experience for me, especially because I am newer to advocacy work. More specifically, in this instance I learned a great deal about opposing viewpoints. I firmly believe in the value of car-free spaces, but I now understand better the ways in which decisions like these might have unintended consequences. Change is hard, and Denver is a city where many chose to be or are forced to be car dependent.

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Nevertheless, my work in transportation advocacy is bolstered by the support and enthusiasm of the Bike Ambassador group. I look forward to continuing to work to improve the safety and bikeability of Denver’s streets!