What to Do After Bicycle Brakes Failed

When a bicycle accident happens, anyone injured must ascertain the cause of the accident to determine the available options for recovery. If another party caused a bicycle accident through negligence, the injured party would have grounds for a personal injury claim against that party. However, what happens if a bicycle’s brake failure is the cause of an accident and the victim’s injuries?

A personal injury lawsuit can help the victim of another party’s negligence recover the damages resulting from that negligence. For example, if a bicycle riding in the bike lane had the right-of-way to continue through an intersection but another driver from the opposite direction runs a red light into traffic and hits the bicyclist, this is negligence, and the driver would be liable for the resulting damages.

In the event a brake failure causes or contributes to a bicycle accident, the manufacturer of the defective device bears liability for the resulting damages. In some cases, an injured person in this situation may have grounds for both types of claim. For example, if a negligent party caused an accident with the bicyclist but the bicyclist could have potentially avoided the accident with working brakes, both the negligent party and the bike’s manufacturer would face liability for the victim’s damages.

If you or a loved one sustained injury in a bicycle accident that would have been avoidable with functional brakes, the most likely route to recovery would entail a product liability claim against the manufacturer. An attorney can advise you on how to have the cause of your accident confirmed. For example, a safety expert or forensic examiner may be able to deduce the mechanical failure in your bike that caused your accident.

The standard of proof in a product liability claim is relatively lenient; the claimant must simply prove the device in question is defective and responsible for the claimant’s damages. Proving negligence is not always necessary in a product liability claim, and some cases may compel a manufacturer to prove it was not negligent in the design, production, and/or sale of the product in question.

In the event negligence plays any role in a bike brake failure accident, the injured party must prove the negligent party owed a duty of care but violated that duty in some way, such as by running a red light or by driving while distracted. If both a negligent party and a product manufacturer bear liability for a bike brake failure accident, the jury hearing the case will assign each party a fault percentage based on their levels of liability. If the plaintiff was at all negligent in any way that contributed to the accident, the plaintiff could lose a portion of his or her case award in states that follow comparative negligence laws.

Ultimately, any bike accident resulting from faulty brakes will likely lead to a product liability claim against the manufacturer. The plaintiff will need to prove the bicycle or the brakes were defective in one of three ways: design, production, or marketing. Defective design refers to an inherent flaw in the design of the product, while a production flaw involves some fault in the manufacture and/or assembly of the product. Defective marketing refers to an issue with the required safety markings, failure to include adequate instructions for use, or misrepresentations of a product in advertisements.

Any bicycle accident can cause severe injuries and substantial economic damages. Anyone in such a situation needs to work quickly to secure the compensation needed for recovery. A personal injury attorney is a fantastic resource for anyone considering a product liability claim for a bike brake failure accident. An attorney can help an injured client assess the extent of his or her damages and review the details of the accident to help determine the best legal options for the client.

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