The Dangers of Defective Bicycle Parts Resulting In Cyclist Injury
When you hear about a bike accident, you may assume that a bike rider crashed into a car or vice versa. If you live in a metropolitan area like Chicago, you may be reminded of “dooring” accidents or bike crashes that occur on turns or intersections. The reality is that a majority of bicycle accidents are actually solo accidents only involving the bike rider. These solo accidents occur when a bicycle is made with a defective component and falls apart or malfunctions and somehow causes injury to an individual.
Rosenfeld Injury Lawyers can assist you in the event that you have been injured in a bicycle accident due to a defective part. Whether you were the bike rider or a pedestrian, speak with one of our lawyers to learn more about how we can assist you with getting compensation for your injuries. Complete our on-line case review form for free case review with an attorney experienced with bicycle products liability lawsuits.
Liability of Parties in Cases Involving Defective Bicycle Parts
If a bicycle contains a defective component, multiple parties can be liable. It is important that you understand the liability of various parties involved in your bike accident case because you may be able to maximize the compensation award for your case by suing multiple parties. If a bike contains a defective component that was responsible for causing an injury, an individual will likely file a strict products liability action.
In strict products liability cases, the plaintiff may sue the manufacturer and any distributors of the product. Any party that is engaged in supplying the product may be liable for any injuries suffered as a result of a defect in the bike. Other liable parties may include a wholesaler, retailer, “middleman” assembler or other manufacturer of parts.
Before you assert a strict products liability claim against a bicycle manufacturer, it is important that you speak with a product liability attorney about the strategy of your case. An attorney may want to sue multiple parties in your bike accident case or even assert a class action lawsuit. If numerous individuals have been injured by a defective bike component, a recall for that bike may even exist. An attorney can assist you in learning more about any recalls that may impact the settlement of your claim.
Theories Behind Bicycle Product Liability Lawsuits For Injured Cyclists
The governing law for a strict products liability claim will depend on the state in which you live. State law may have subtle differences in how it defines the legal elements required for proving a strict products liability claim, such as the type of defect in your bike. In general, there are three types of product defects in bicycle accident cases:
- Design Defect: An injury results due to the overall poor design of a bike.
- Manufacturing Defect: An injury results due to a defect in a bike component.
- Failure to Warn Defect: An injury results due to the lack of proper warning that should have accompanied the bicycle at the time of sale.
- Improper Assembly: When a bike shop improperly assembles a bicycle or performs improper maintenance and a rider is injured, a cause of action may be maintained under various theories including product liability law.
In most cases, a solo bike accident case will involve a manufacturing or design defect. Bicycle companies may have failed to test a bike before releasing it onto the market, and this can result in a poor bike design.
Inspecting the Bike Parts Causing Your Injuries
If you have been injured in a solo bike accident, it is important that you act fast. You should try to preserve all evidence relating to your case, such as photos of injuries, photos of the defective parts, witness statements and medical records. These documents may be essential in proving your case if you must go to trial. An insurance company may also need to analyze these documents to increase a compensation award during the settlement phase. You should also maintain a daily journal to keep track of your physical symptoms and recovery process.
You should also consider calling a lawyer as soon as possible after a bike accident. Bicycle accident attorneys may want to arrive on the scene of your accident to analyze any extenuating factors in your case, such as road conditions. A seasoned bicycle accident attorney will also work with engineers, design specialists and other experts to determine why a bike part has failed. A bicycle accident attorney can pursue a full-out investigation that helps build your case.Contact Rosenfeld Injury Lawyers for Assistance with Your Defective Bicycle Case
Rosenfeld Injury Lawyers can speak with you about the circumstances of your bike accident case. Our attorneys have compassion for injured bike riders and pedestrians. We also have a specialized approach to handling bike accident cases. Call us today to set up an initial consultation or to receive answers to your questions.