You know the scene.
You're out on your bicycle and you come
upon a downed rider.
There are only a few people standing
around, the rest are riding by without
offering assistance. Why don't they stop
to help?
Chances are they are
all afraid of the liability that
supposedly comes along with being a good
Samaritan. But I have news for you: Good
Samaritans are protected.
Historically, there
have been no mandates in place that
require passersby to help a fallen
individual. In the past if you did
decide to help, you had to use "due
care" or risk liability. There were also
no laws against failing to assist a
fallen individual--unless you were of
some special relation to the fallen
individual you couldn't be punished for
lack of action.
Currently, though, the
law has changed due to recent
legislation in California.
Health and Safety Code Section 1799.102
says:
To sum it up: as long
as you act responsibly in the course of
assistance, you can help any downed
bicyclist without fear of a lawsuit. You
can render first aid and medical help,
rescue, and even transport a person in
peril as long as your actions are
necessary to insure the health and the
safety of that person.
I spoke with a few
local paramedics and they gave me the
following tips when offering help:
1. Find out if
the person is breathing by watching
their chest for motion.
2. If they're
NOT breathing, give CPR, but only if
you're trained.
3. Do NOT move
the person or remove their helmet and/or
clothing.
4. Tell the
victim NOT to move.
5. Call 911
6. Guard the
victim against oncoming motorists and
other dangers (i.e. flag down traffic,
etc.)
If you're still
anxious about helping an injured
bicyclist, consider enrolling yourself
an emergency medical training program.
Many local bicycle/triathlon clubs host
programs like these, and the skills you
learn are are useful in a wide variety
of situations both on and off the
bicycling trail.
The attention you give
to an injured bicyclist could be the
difference between life and
death--always lend a responsible hand.
With Good Samaritans on the road no
bicyclist will ever be left behind.
