Defective cycles cause injuries, what you need to do if a defect causes you serious injury in California.Manufacturing defects can give rise to a cycling or bicycle accident. Failure, during normal use of a cycle or bicycle, is usually a non event, with little or no injury. A claim for replacement of the cycle or a visit to the doctor can usually be handled by the user. However, sometimes a failure can cause devastating injuries, head concussions, broken clavicles, spinal injury and even death. When a serious incident is caused by a failure in the manufacture of the cycle, a claim must usually be made by a qualified bicycle accident lawyer after investigating and documenting the failure.
Examples of failure
Failure is usually attributed to either a design flaw, or a manufacturing flaw. This article deals with manufacturing errors. Some case examples we have handled over the years arise from improper assembly, improper wielding, use of inferior materials in the frame, rim, handlebars, stems and seat posts. Occasionally, but not often, cranks fail because the manufacturer tried to use less costly materials or due to poor casting.
Often stress fractures can develop to the frame and peripheral parts caused by improper build, defective materials or faulty assembly. Some manufacturing defects may not be apparent when the cyclist is first riding their bicycle, but become apparent under stress use. An expert in metallurgy and bicycle manufacturing is necessary to document why the manufacturing defect occurred and how it caused the accident.
In California, strict liability applies to any defective cycle that when used for its intended purpose, fails. Strict liability is a legal theory that makes a case of proof easier for the cyclist. He or she only needs to demonstrate that the accident was caused by the defect and the defect would not normally be expected by the average buyer or intended user. Negligence is a more difficult standard, requiring the user to prove why the defect occurred in the manufacturing process. Since the user rarely knows the manufacturing process, the burden is placed on the manufacturer to explain why it should not be help liable after a defect is found.
If you've been involved in an accident and the cycle or bicycle you were riding failed, make sure you do not allow any corrections and/or repairs to the frame, tires, or parts that failed until they have been examined by an expert. Many times, you initially think you're not seriously injured. You take the bicycle to your local shop and have it repaired, only to find out several days later, your injuries are much more severe, and you now require medical treatment. Therefore, it is important to make sure that you document any manufacturing defect, or part failure before it is repaired or replaced.
You should also consider consulting with an attorney experienced with bicycle manufacture defects. An attorney will know the experts to have examine the cycle, and also will help you get the treatment that you require.
Our office has handled many cases for cyclists, professional athletes, and everyday bicyclers. We want to see that you get back on the road as quickly as possible. Our interest is not to have you prolong the claim, but to get you to the best treatment possible, so that you heal fully and completely.
Contact us for a free consultation if you have suffered an injury as a result of a cycling or bicycle accident in Orange County or Los Angeles County, California. Call us at 866-981-5596 for that free consultation. Your consultation will always be confidential, and there will never be any obligation. We guarantee that you will gain valuable information from that consultation. Call now 888 752-7474.