Were you injured on a bikeshare?

The peer-to-peer model is becoming increasingly popular, both in Texas and around the United States. Savvy consumers are realizing that they can save time and money by cutting out the middleman and working together toward a common goal. That’s why Uber, Lyft, and Airbnb are experiencing an explosion in profit and use. These companies have given rise to other types of service sharing, including bikeshares.

Unfortunately, this convenience also has a dark side – it can make liability extremely complex in the event of an accident that leads to injury. If you recently sustained an injury while using a bikeshare, you might be wondering if you have legal options. Discover who might be liable for your bikesharing accident.

An Evolving Area of Law

Sharing programs are fairly new, so they are still an evolving area of law. As a result, you may be unsure how to proceed if you’re involved in an accident. However, there are several possible forms of recourse you may be able to pursue if you are injured while using a bikeshare. Here are some of the most common scenarios:

An Accident Between a Bikeshare and a Car

The consequences of bicycle/car accident are often devastating. The most common form of motorist accident involving bikes occurs when a motorist turns right into a bike that’s crossing at a traffic signal. In this case, the driver is almost always at fault. In fact, the law often sides with the bicyclist in accidents involving motorists, as drivers have a legal obligation to “share the road.”

If you’re using a bikeshare and sustain injuries in an accident with a motorist, you will likely file a claim with the at-fault driver’s insurance to compensate for damages.

Injured Due to Defect or Malfunction

If you pay for a service such as a bikeshare, the company has a responsibility to make the experience reasonably safe. This means the bikesharing company must inspect and test the bikes to avoid the risk of malfunction or defect that could lead to injury. If, for example, you were using a bikeshare and the wheel or pedal came off, the company that rented you the bike may be liable for your medical bills and any other harm you suffer.

These rules apply under a broad area of personal injury law called “product liability.” Product liability laws hold that entities that manufacture, distribute, and sell (or in this case, rent) consumer products must use reasonable care in protecting those who use them. If they fail in their duty to maintain their bikes or reasonably foresee the potential for injury, they will likely be responsible for any damages you incur.

Bikesharing may involve several complex elements, and several parties may share liability for your injuries. Since this is a new concept, you should consult a personal injury attorney as soon as possible following an accident with a bikeshare. An experienced attorney can help you protect your right to fair compensation under the law.