Protect Your Rights if a Faulty Bicycle Causes Your Bike Accident Injuries
Riding a bicycle is a popular form of transportation and a favorite leisure activity. While accidents on bikes are common occurrences, they are not always caused by a negligent driver or hazardous road conditions. Some accidents result from a defect in the bicycle itself.
If you are injured in an accident due to a defective bicycle, you may be entitled to compensation through a defective bicycle injury claim. The Orlando bicycle accident lawyers at Spetsas Buist can investigate what caused your accident and help you file a defective bike injury claim if you have a case.
Three Types of Bicycle Defects
Defective bicycle claims may involve the following types of bicycle defects:
Design Defects
Design defects occur when there is a flaw in the original design of the bicycle that makes it inherently dangerous to use, even when manufactured correctly. For example, a bike with a faulty frame design prone to breaking under normal riding conditions would be considered a design defect.
Manufacturer Defects
Manufacturer defects occur during production when manufacturing errors or flaws result in a defective bicycle. These defects can range from faulty brakes or gears to improperly welded frames. Manufacturer defects can compromise the safety and functionality of the bike, increasing the risk of accidents and injuries.
Marketing Defects
Marketing defects involve failures in providing proper warnings or instructions for the safe use of the bicycle. This can include insufficient labeling of potential risks or failure to provide proper assembly instructions. Marketing defects can mislead consumers about the safety of the bicycle and contribute to accidents and injuries.
Proving Liability in Defective Bicycle Injury Claims
Determining liability in defective bicycle injury claims can be complex since multiple parties may be involved. Liability may fall on the following:
- Bicycle manufacturer. The manufacturer may be held liable for design or manufacturing defects that make the bicycle unreasonably dangerous for its intended use.
- Distributor or retailer. If the defect occurred during distribution or sale, the distributor or retailer may share liability for failing to detect or warn consumers about the defect.
- Parts manufacturer. In cases where the defect involves a specific bicycle component, such as brakes or pedals, the manufacturer of that part may also be liable.
Proving liability in defective bicycle injury claims typically requires demonstrating that:
- The bicycle was defective in design, manufacturing, or marketing.
- The bike defect directly caused the accident and your resulting injuries.
- You used the bicycle as intended and did not contribute to the accident through negligence or misuse.
Common Types of Injuries Caused by Defective Bicycles
Defective bicycles can cause various types of injuries, ranging in severity from minor cuts and bruises to catastrophic injuries such as traumatic brain injuries or spinal cord injuries. In some cases, defective bike injuries can be fatal.
Some common types of injuries caused by defective bicycles include:
- Fractures and broken bones
- Head injuries, including concussions
- Neck and back injuries
- Soft tissue injuries, such as muscle sprains and strains
- Lacerations and abrasions
- Internal injuries
Injuries sustained in bicycle accidents can have long-term physical, emotional, and financial consequences for victims and their families. Seeking compensation through a defective bicycle injury claim can help cover damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Out-of-pocket expenses
How a Bicycle Accident Lawyer Can Help
Navigating the legal process of pursuing a defective bicycle injury claim can be challenging without legal assistance, especially while recovering from injuries. Contacting a bike accident lawyer immediately after an accident is vital. An experienced bicycle accident lawyer at Spetsas Buist can provide invaluable assistance by:
- Investigating the bike accident to gather evidence of the defect to determine liability.
- Consulting with experts, such as engineers or accident reconstruction specialists, to evaluate the cause of the accident and the extent of injuries.
- Negotiating with insurance companies and other parties on your behalf to try to reach a fair settlement.
- Representing you in court if a settlement cannot be reached and litigation becomes necessary.
