People hear about bike-related accidents all the time, and most of them would assume that it would be due to a collision or a crash.
However, another reason for bike accidents resulting in injuries is defective cycling-related products, and this when the product liability comes to play. A person who gets injured while riding the faulty vehicle may file a formal claim in order to be compensated properly for the damage done by the flawed materials of the bike.
These accidents would involve multiple parties since everyone involved in the manufacturing, selling, and distribution of the bike and its parts are held accountable. The injured individual has to provide certain documents and evidence to have a successful claim as well.
The involved parties are obligated to pay under the product liability grounds if the accident happened during these circumstances:
Incorrect Assembly of the Bike During the Purchase
Bike shops are responsible for making sure that all the gears and parts of the vehicle are properly installed. This is also true when they do the maintenance check for the other party. The product liability law would hold them accountable when proof of their negligence.
No Warnings for the Defect
It is also pertinent to warn the riders of the instructions and warnings that come with purchasing the parts. Buyers should be given the complete details on what they’re purchasing, and failure to inform them is a clear breach of the law.
Flawed Design and manufacturing
The overall design of the bike or any cycling-related parts can cause accidents resulting in injury, and it is under the product liability law that the injured party should be compensated. These include the bike parts as well since defective parts can collapse at any time and may result in serious casualties.
One of these clauses should be met to make sure that the injured party is compensated. Now, these are not the only thing to consider when involved in this type of accident. As the injured individual, you also have to take actions, and contact the right authorities for seamless legal transactions.
You have to stay calm and collected in order to work things out in your favor. The accident has already happened, and your next move would greatly affect the outcome of your claim.
Here are the things you must do when involved in a bike accident due to a defective bike:
Get Treated and Keep the Documents
It is essential that you seek medical attention right after the accident to ensure your safety, and unforeseen injuries especially if you had a concussion. It would help to keep a journal of the plethora of symptoms you’re experiencing after the accident. Your medical records would also serve as proof of your claim.
Document What You Can
It may be hard considering your situation, but remember to preserve all the evidence of the accident scene. Take photos of the defective product, and do not tamper anything at all. These steps will help you provide an accurate documentation of the legalities of the product liability.
Seek for Legal Assistance
Before filing a claim, hire a lawyer specializing in product liability. Pursuing a claim or case involving product liabilities is complex and you need to a competitive attorney to assist you. The laws for product liability differ from state to state, so let the Legal experts handle it for you.
Everything you say or do may be used against you so it is best to not act rashly, and stay focused when involved in any bike-related accidents. Do not try to handle it alone, and product liability is complicated so the help of the authorities and professionals should be obtained.