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Defective Bicycle Lawyer Bicycles offer a relative inexpensive mode of transportation, and the freedom of the outdoors. Bicycling is an enjoying and satisfying recreational activity. As a result of their popularity, bikes are available at large retail stores, warehouse stores, and specialized bike shops. On the road, bicyclists have small profiles, travel more slowly, and are more exposed than other motorists. This makes bicyclists harder to be seen by drivers of other vehicles and more likely to be involved in a collision or accident resulting in serious injuries. Of course, Southwest Florida bicyclists have an obligation to obey Florida Traffic Laws. See Florida Bicycle Laws. Bicycle Defects Another source of serious injuries to bicyclists, however, is defective bicycles, bicycle parts and cycling products. For many years, bicycles ranked at the top of the consumer product hazard index. Today, bicycle defects remain common, and continue to be ranked among the most dangerous products for children. While many bicycle product safety features have been designed over the years, bicycle manufacturers continue to manufacture and sell their bicycle products without them. Coverings for protruding bolts, protected edges on metal fenders, chain guards for certain types of bikes, locking devices to secure wheel hubs, wide angle reflectors, and clear instructions for assembly and maintenance, were the result of product liability lawsuits and limited federal regulation. Even when a bicyclist exercises the highest level of care, a defect in the design or a malfunction of the bicycle itself can cause a dangerous condition contributing to a bicycle accident. If such an accident occurs, in most cases the best course of action is to consult with a knowledgeable injury attorney who can determine if the accident was truly as a result of product liability, the negligence of another motorist, or a dangerous roadway condition. Defective Bike Accident The cause of a bicycle accident, even if others are involved, are not always obvious. A bicycle accident can begin by an inattentive motorist beginning a chain events, which coupled with a serious bike defect, results in serious injury to the bike rider. Depending on the circumstances, under Florida law, the motorist could be liable for all injuries sustained after the initial negligence; whereas, if the motorist's negligence alone did not cause the accident, but instead acted in concert with a defective bicycle to cause injury, both the motorist and bicycle manufacturer could potentially be held liable as joint tortfeasors. The point is, a bike accident can at times be complicated, even in cases which on their face seem to have obvious liable parties. Defective Bike Preservation After a bicycle accident caused by a bicycle defect, the manufacturer of the bicycle may request that the bicycle sent to the factory for an inspection. This should not be done until your attorney has done his or her own review of the facts and, if necessary, consulted with the appropriate experts. As with accidents involving automobiles or other vehicles, any facts or evidence such as photographs gathered early on could prove invaluable to a legal claim. Types of Bicycle Defects There are several parts to a bicycle, which means any component failure can result in total product failure:
A product liability claim against a bicycle manufacturer may have the added benefit of change in the bicycle design or components, which can help others avoid your bicycle injury. If you or a loved one has been injured as a result of a defective bicycle, then contact a personal injury lawyer at our firm to discuss your bike accident claim. |