søndag den 1. marts 2015

Challenge Roth - The race of a lifetime?

I want to share a story about how participating in a Triathlon race - Challenge Roth 2014 - have had serious legal implications for me, cost me a lot of money and affected me and my family emotionally.

If you are an active triathlete participating in a race you must consider the following.

I am currently being sued for a crash that happened during the bike leg of Challenge Roth. It's a ironman distance triathlon event with 4000 people riding bikes on roads in Bavaria in Germany.

During the beginning of the bike leg I was riding with a group of riders. A Race Marshall was riding his motor bike all the way to left side of the road next to me.
 
Suddenly I hear a sound from my rear wheel.

A woman drove into my rear wheel and crashed very hard. I stopped immediately and made sure she had help. There were many people around us.

Before I went on with my race I asked the race marshal for ok to continue. He gave me the ok.
 

When people ride bikes in a race like Challenge Roth accidents happen.

I am very sorry for the woman that got hurt in the accident. It was a bad accident for her and I wish nothing but the very best for my fellow triathlete.

But it makes very very sad and disappointed that I am getting sued for this accident.

I am currently being sued by the German police. The woman in the accident also chose to hire a lawyer to go after me

The case has been going since September 2014 when the German police sent me a letter charging me for two things: 

1. "Accidental injury" 

In Germany this had me looking at up to three years in prison worst case.

(In German
Fahrlässige Körperverletzung: Nach einem Verkehrsunfall mit Personenschaden sieht sich der Unfallverursacher schnell einem Ermittlungsverfahren wegen des Verdachts der fahrlässigen Körperverletzung ausgesetzt. Schlimmstenfalls ist mit einer Freiheitsstrafe bis zu drei Jahren zu rechnen.(See definition in German here: http://www.anwalt.de/rechtstipps/fahrlaessige-koerperverletzung-nach-einem-verkehrsunfall-was-droht_065394.html)

and 

2. "Running away from a accident" 
(In German: http://de.wikipedia.org/wiki/Unfallflucht) - This also had me looking into potential prison)

(
German: Neben der Geld- oder Freiheitsstrafe bis zu drei Jahren wird bei einer Verurteilung wegen Fahrerflucht die Fahrerlaubnis unter Anordnung einer Sperrfrist entzogen (§ 69 StGB) )

Nothing could be further from the truth. I am triathlete racing in an event with some 4000 other happy triathletes that have trained very hard for months to be in Challenge Roth and where lucky enough to get a race number.

The German police claim that the race is regulated by the normal laws of traffic. In the race manual you get for Challenge Roth 2014 there is a very very vague reference to something called the STVO. As a foreigner you have absolutely no idea what this is until you meet the law.

The STVO is the German traffic law. I urge you to understand what this means for you as an athlete because the race organizer is not telling you this anywhere.

Imagine if you hit a spectator during the famous Solarer Berg part of Challenge Roth. Or you hit a volunteer when riding through an aid station.

Or some of you co-racers ride their bike into you and crash. You most certainly will face serious legal implications.

It's a race. You are riding a bike. Sometimes with up to a speed of 50-80 km/t per hour at certain stages. This can go wrong. Accidents happen.

FACT
But here is the thing you MUST realize. The premise on which the Challenge Roth race is build is FALSE . It's not a race. You MUST at all times adhere to the German traffic law. And that law is beyond anything the Challenge Roth organization is telling you anywhere. (Background documentation: Racemanual from Challenge Roth)

At the place of the accident there were approx 10 riders on a small road. The accident happened just before a left turn.

Anybody that has raced Challenge Roth know how crowded the bike course is. The people behind Challenge Roth are letting some 4000 athletes out on the bike course. That is a lot of people on 90 km of road.
Add to that the fact that people are standing so close to you as if its the Tour De France on Alp'd'Huez. 

(Take a look at this example found on YouTube: https://youtu.be/XJKYLtg7oz8?t=10m52s 
- Having seen the video would you say it is likely that an accident with rider could happen? Would you say that it appears the German Traffic Law is being followed? Can motorbikes ride in the left lane in Germany According to the StVO? What happens if one of the riders on the bike or motorbike hit a child standing on the road? Who is to blame?)



Things can go wrong.

When it does its wrong to try push the responsibility on someone else and hiding behind a legal setup that is very unclear for athletes participating in the race.
This is so far from what I want triathlon and the sport to be. Suing me like that is damaging for our sport. And it's an indication that the current Challenge Triathlon race setups in all races in Germany and most likely the rest of Europe have to face some serious issues.

And anybody considering to participate in a race in Germany must be aware that it can cost a lot of money in lawsuits and you can be prosecuted for breaking the law potentially go to jail. All this just for riding in a triathlon race at Challenge Roth.
What the Germany police accused me of has a sentence frame of up to three years in prison.

I had to hire a lawyer in Germany to defend myself.

Not only is the financial cost for me high. Having the German legal system come after me like that after participating in Challenge Roth 2014 has put a lot of personal and emotional stress on me and my family.  It is just not right.

I love triathlon.

This however is making me think if I will ever race again. I fear the consequences for me personally and for our sport.

I don't think my fellow athletes think of this side of the story when they sign up for a triathlon race like Challenge Roth. 

And Challenge Roth is not doing enough to tell you how serious things can get for you legally  - even less telling you how you should act if you are in an accident.

The Challenge Roth organization motto is "all about the athlete" and that " we are one big family".

However if you are in trouble it seem that the Challenge family is not there to help you out or support you. Basically you are on your own. 

The Challenge Roth organization has not been willing to help me at all.

Everybody in the Challenge Roth organization seem busy at the sink washing their hands.


As an athlete you should have certain rights. The Challenge organization behind the race is making huge profits on you to fuel their growth and to pay the pro field. You pay. 


But do you know your rights? 

And do you actually understand what you sign up for when you sign up for Challenge Roth? 

Are you willing to pay a lawyer to defend you if you are in a accident?  

Are you ready to potentially face time in prison for racing a triathlon event like Challenge Roth?

I will keep this site updated with the latest information. I will also publish all legal documents and relevant information so you can review this at your own discretion. I have some 150 pages of documents at this stage.

The document that started it all is below - the email from the German police. They called me during my holiday on Mallorca late July. The policeman asked me a lot of questions. And he also asked if I would mind sharing my email address because the husband of the injured woman would like to contact me and learn more about what happend.


At the time I did not think of it. But of course when I received the below letter on my email I understood why the policeman asked for it. 

The German police officer tricked me. I never heard from the husband of the injured woman.

The German police was kind enough to go through the effort writing everything to me in German though I am Dane. I have been treated with the out most arrogance from all parties involved.





I will be happy to answer any question you might have so please chime in below.

I hope you will help spread this story so we can put attention on this issue.

If you have experienced anything like this please also write a comment below. 








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