Bicycle Equipment Failure and Legal Recourse

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Learn about the comprehensive viewpoints of bicycle equipment failure and legal recourse with the Dressie Law Firm. Reach us for more information.

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Who Is Responsible for Bicycle Accidents Caused by Equipment Failure? 

Even with cycling lanes in place, bicycle accidents are still rising in Georgia. Motorists and cyclists sometimes fail to follow Georgia’s passing distance law. However, more often than not, road users pay attention to all traffic rules. Unfortunately, some things are beyond their control, even with all the precautions.

Many bike injuries happen due to defective bicycle parts like brakes, which can lead to an accident. Many of these accidents cause severe injuries and sometimes even death.

Luckily, if you or your loved one was involved in an accident due to a defective bicycle part, you can pursue legal action against the liable party and recover damages. However, these cases are often complicated as they require a thorough investigation to determine liability. 

With our experienced personal injury lawyer at Dressie Law Firm, you can get the help you need to hold the liable party accountable for your damages. Keep reading to understand your legal recourse option in case of a bike accident caused by equipment failure.

    Understanding Bicycle Equipment Failure

    What Constitutes Equipment Failure?

    Bicycle equipment failure entails the malfunctioning of a crucial bicycle part. This can happen either the day the bicycle leaves the shop or several weeks or months later. When this failure happens, the cyclist may be unable to control the bike, leading to an accident. Defective bicycle components mainly fall into three categories: design defects, manufacturing defects, and marketing defects.

    1. A manufacturing defect occurs during the bicycle’s assembly and construction. This defect can affect only a single unit or a batch of similar bikes.
    2. A design defect is a problem with the bicycle’s basic conception or blueprint.
    3. A marketing defect occurs when bicycle manufacturers, designers, or distributors fail to warn the customer of possible hazards.

    These defects make the bicycle low quality and dangerous to ride, regardless of the rider’s care or level of experience. They run from a poor-quality braking system to faulty tires. In the event of a marketing, manufacturing, or design defect, the manufacturer may be held liable.

     Common types of product defects include:

    • Bicycle chains coming lose of falling off when riding

    • The foot pedal detaches or divides in half

    • The tires fall apart or burst, making the cyclist to lose control

    • The seat or handlebars fall off

    • The brake system fails

    • Defective carbon-fiber frames

    • Carbon fork failure

    In most bike accidents, the cyclist suffers head injuries. This is especially true if they weren’t wearing a helmet. Other injuries caused by defective bicycles include:

    • Road rash

    • Neck and spine injury

    • Concussions

    • Orthopedic trauma

    • Facial fractures

    • Wrongful death

    Potential Liable Parties in Bicycle Accident Caused by Defects

    Any of the five parties in the supply chain can be held liable in case of an accident. These parties include the designer, manufacturer, distributor, wholesaler, and retailer. The specific nature and course of the accident determine the party to be held liable.

    Manufacturers, distributors, and sellers can avoid product liability lawsuits by ensuring their products follow the requirements of the Consumer Product Safety Commission, are stored properly, and include adequate warnings.

    Legal Recourse for Victims of Bicycle Equipment Failure

    Every step taken after the accident can affect your chances for full compensation. Here are the steps to follow after the accident:

    • Wait for police to arrive for them to gather evidence

    • Document your version of events leading to the accident

    • Identify possible witnesses and bystanders

    • Seek medical treatment immediately after the accident, even if you feel fine.

    Do not part with the defective bike or its components after the accident. This is your most important evidence to make one of the supply chain parties legally responsible.

    Due to their complex laws, product defect cases are also challenging to handle without legal representation. Therefore, seek a lawyer with experience in such cases to help you:

    • Determine whether you have a viable claim

    • Gather and preserve evidence for your case

    • Inform you of your rights under the law

    • Represent you in court and present your case 

    • Help you get the compensation you deserve

    The Role of Evidence in Bicycle Equipment Failure Cases

    There are several parties that can be held responsible for a defective bicycle accident. Each of these parties will strive to prove their innocence. This is why evidence is crucial in bicycle equipment failure cases.

    To prove that the manufacturer, designer, assembler, or distributor is liable for the injuries sustained in the bicycle accident, you must establish that:

    • The bicycle causing the accident was defective

    • The liable party was responsible for the bicycle defect

    • The defect caused the accident

    • You sustained damages

    Ensure that you preserve the bike after the accident. This is excellent evidence when presenting your case. You can also take photos of the accident scene. Medical records can also serve as evidence. Seek legal consultation from a reliable Atlanta bicycle accident attorney soon for better chances at a favorable outcome.

    A lawyer with extensive knowledge of such cases will help you gather evidence. They will also help you present a strong case against the liable party.

    Compensation and Settlements in Bicycle Equipment Failure Cases

    Types of Compensation Available

    After you present and win your case, you can get compensation for:

    • Medical expenses

    • Pain and suffering

    • Emotional distress

    • Lost wages if the injuries affected your ability to work

    • Compensation for any future care required

    Negotiating Settlements

    Bicycle accident lawyers at Dressie Law Firm focus on gathering evidence to prove faulty product defects. We also give their clients proper instructions to avoid any potential mistakes during the claims process. Our attorneys can ensure you don’t fall prey to the at-fault party’s insurance company tricks to reduce your claim. We also use the evidence gathered to negotiate on your behalf so that you get the most favorable deal.

    Dressie Law Firm Is Here for You!

    Getting into a bicycle accident can be emotionally and physically frustrating. Luckily, you don’t have to go through this alone. With the help of the lawyers from Dressie Law Firm, you can go through this complicated situation and potentially recover the maximum compensation. Our lawyers are equipped to handle these cases regardless of their complexity.

    We focus on having honest and open communication before, during, and after the case’s settlement. Contact us today for a free case evaluation.

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!