Question: One of my favorite cycling routes goes through a gated community. While I don’t have permission to ride through, the traffic lift gate is not manned, and it’s easy to dismount and just squeeze around the end of it. Exiting at the other end is even easier. And in three years of doing this, no one has ever stopped me or complained. But the last time, there was a delivery truck going through, which had the gate in the open position. I decided to just follow the truck through and avoid dismounting. Unfortunately, the gate dropped back into place as soon as the truck passed under it, and because I was already rolling, I couldn’t stop and crashed into the gate. It apparently had a break-away feature for safety, so while the gate broke loose from the lift mechanism, I was not hurt and my bike was not damaged. I looked around for a sign or for someone to notify, but finding nothing, I eventually just turned around and rode away. Is there something more I should have done? —Anonymous
RBR’S STAN PURDUM REPLIES: The short answer is yes. In some states, causing property damage and fleeing is legally considered a “hit-and-run.” And there’s a reasonable chance that even an unmonitored entry point is covered by a camera, so the property manager may have you on video. Even if that doesn’t show enough to identify you personally, it would likely show that the damage was caused by a cyclist — which could mean that the community would take measures to stop other riders from passing through their property.
If no sign about who to contact was posted, most gated communities have a name — Rolling Acres or something like that — and a browser search on that name would probably yield a phone number of its office, which you could call to report the incident and take responsibility. Failing that, you could phone the local police, which would at least start a paper trail and show that you had no intention of fleeing the scene. That could, of course, result in you receiving a citation for trespassing, but that might be preferable to being sought out later for leaving the scene.
If the lift gate did indeed have a break-away feature, it’s possible that the repair would be as simple as resettling the gate into the lift mechanism, which might cost very little. But even if the damage is more extensive, it would be appropriate for you to do what you can — in part to prevent cyclists in general from being given a bad name.
Your homeowner’s, renter’s or specific bicycle liability insurance may help cover the cost of the repair. Typically, homeowner’s and renter’s policies include off-premises coverage, which means your liability coverage “follows” you and will often pay for damage you cause while participating in a covered occurrence. Sporting activities, such as bike riding, are usually considered covered occurrences. Generally, only the specific bike policies will pay for damage to the insured person’s bike, however.
I understand the temptation to ignore gates and no trespassing signs where there is a convenient way for you and your bike to get in. In some vacation areas, gated neighborhoods often have the best roads or paths for bypassing busy public thoroughfares. But if you cause property damage or personal injury, you may be in more trouble if you are on the site without permission.
As cyclists, we want drivers and passersby to be held responsible for damage they might inflict on us, so it’s only right that we too take responsibility for damage we cause.
It is, by the way, sometimes possible to receive permission to ride through such communities. In one Florida county, there’s a gated community large enough to have its own ZIP code where I asked the man who was working the gate for permission to ride through. He not only told me it was okay, but he even provided me with a printed map of the streets inside. Thereafter, each I rode through, I simply waved at him, and he gave me a welcome salute. Such workers may not always have the freedom to grant such access, but it doesn’t hurt to ask. And then, if there’s a problem once inside the fence, you don’t come off as a scofflaw.
Stan Purdum has ridden several long-distance bike trips, including an across-America ride recounted in his book Roll Around Heaven All Day, and a trek on U.S. 62, from Niagara Falls, New York, to El Paso, Texas, the subject of his book Playing in Traffic. Stan, a freelance writer and editor, lives in Ohio. See more at www.StanPurdum.com.
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