Bike Injury and the Law

Bikes accounted for 43,000 injuries and nearly 100 deaths in 2007, according to the National Highway Traffic Safety Administration. At the onset, you may think that a bike injury is the cause of a swift reactive turn in response to a vehicle or some other obstruction. However, bikers maybe at risk of injury because of their bike helmet that can turn into a weapon or the bike mechanisms may malfunction.

Bike risks relate to both children and adults. Twelve thousand children and twenty six thousand people between the ages of 16 and 54 were injured on bikes in 2007. One of the problems associated with the risk of a bike injury is that people may not be aware of such risks. Bike helmet companies tout the benefits of strong lightweight fiberglass or carbon fiber shells, UV protection, ventilation systems, and antibacterial fabric, but the risk of injury from a hard hit may not be disclosed. Bicycle companies offer heavy duty light weight frames, top end rims and axles, street and dirt worthy tires as well as cranks and rotors for power, speed and high performance. Yet, the risks such as the bicycle’s quick release mechanism inadvertently discharging, should support every biker being more aware of the risks associated with a bicycle.

Laws About Bicycles and Bike Helmets

Lawyers investigate injuries that occur because of bike helmets and bicycles to identify if a manufacturer should be held responsible for the injury. If a bike manufacturer is found liable for the injury, then a lawsuit may be filed against the bike manufacturer. Reasons for bike manufacturers to be sued include, but are not limited to:

  • Bike manufacturer failed to warn an injured person of the risk associated with the helmet or bicycle.
  • Bike manufacturer failed to design the product through a safer alternative that was reasonably available to the bike manufacturer.
  • Bike manufacturer produced a defective bicycle part or bike helmet that caused injury or death to a victim.

Know Your Risks

Bike helmet recalls totaled over one half million helmets from 2005 to 2007 because the helmet failed to meet CPSC impact standards. In the most recent year, there have been more than ten bicycle recalls due to a variety of risks, including: fall hazards from defective tree stands, loss of steering control from defective bike parts, defective bike forks and frames that create crash hazards, defective tires that may sheer causing injury and defective tire release mechanisms that may inadvertently release while riding.

If you or a loved one has been seriously injured because of a bicycle, contact Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers