Injuries caused by defective bicycles, defective roadways or by collisions with motor vehicles can range from minor to fatal. Other than a mandatory helmet, no other safety device or padding protects the bicyclists from many severe threats and negligent actions by others.
Immediate consultation with an attorney skilled in handling bicycle accidents is the next most important thing to do after receiving necessary medical attention. The sooner a lawyer is consulted the sooner and better your case will be prepared.
Defective bicycles, manufactured from overseas, may have front fork failures or other structural deficiencies due to poor design and manufacture. Sueing a foreign manufacturer is difficult. However, the distributor or store where the bicycle was purchased is also responsible for injuries due to defects or negligent construction of the bicycle.
Defective roads, potholes, improper warnings of dangers and other governmental responsibilities to bicyclists may also be responsible for injuries received. A lawsuit against a governmental entity must be started within a specified short period of time. You cannot wait a year to see how you’re injuries might resolve. However, it is the governmental entities responsibility to maintain roads and other thoroughfares in a condition safe not only for motor vehicles but also for bicyclists.
Automobiles, trucks and any other motored vehicle on the highway have an increase duty to watch out for and avoid collisions with bicyclists. Not to do so is negligence. Bicyclists likewise are required to adhere to the vehicle code sections of any given state. However, motor vehicles are equipped with numerous safety devices which must be employed to protect bicyclists. These include turn signals, brake lights, etc. Motorists may not pull onto the highway without yielding to a bicyclists who has the right-of-way. Motorists have to let a bicyclist no what they’re intending or it is negligence.
If you or a loved one have been injured or killed by a negligent driver or through other causes while riding a bicycle, it is critical that you don’t throw away or otherwise dispose of the bike or helmet you were wareing. It may be a critical piece of evidence. It can show how the accident happened, and the bicycle would also be needed it is claimed that the bike was defective.
Also, if you have been injured, do not talk to an insurance company or their investigator prior to talking with an attorney who will represent your interests and understand what needs to be done. Insurance companies are not your friend and they will do anything to try to make it look like whatever happened was your fault.