With bicycles becoming one of the most favored transports in Nevada and across the US, accidents involving cyclists are also increasing. Although the negligence factor is always there, bicycle defect is another major reason for this increase in bicycle accidents. Many collisions involving cyclists occur due to bike defects, and the manufacturer or retailer should be held accountable in such cases.
However, defective product cases can be complex and require the bicyclist to preserve the evidence to prove that the bicycle was defective due to which the accident occurred.
If you’ve been in a bicycle accident due to a defective product in Nevada and don’t know what to do, here’s a quick guide to bicycle defects lawsuits in the state.
A Guide to Bicycle Defects Lawsuit in Nevada
Considering the seriousness of cycling accidents, bicycle safety is imperative for all. It is something that cyclists and other vehicle drivers must learn to share the roads safely.
Many bicycle accidents occur due to cyclists’ or other drivers’ negligence, misjudgment, or error. However, sometimes, a defective bicycle can be the reason. When a bicycle accident occurs due to a defect in the bicycle, the potential defendant in such a case is the manufacturer. However, the plaintiff must provide reasonable evidence to prove the manufacturer is liable in a bicycle accident case.
Products Liability in Nevada
The cyclist needs to prove the following elements to hold the manufacturer or the retailer liable in Nevada:
- There’s a defect in the design, warning, or manufacturing of the bicycle
- The product was defective when the plaintiff took its possession from the manufacturer (defendant)
- The defect in the bicycle was reasonably foreseeable by the manufacturer
- The defect caused the accident and the plaintiff’s injury
However, to prove these elements, the plaintiff must produce reasonable evidence. If cyclists are injured in a bicycle accident, they must produce the medical records and reports they sought for treatment. Also, in the event of an accident, time is the most important element. It is imperative to take photos of the site, the injuries, and the defective bicycle remains and preserve the evidence, specifically in defective product lawsuits.
Accompanying yourself with a personal injury attorney can make a huge difference in your bicycle defects lawsuit. Your attorney will investigate the accident’s cause and determine the defendant to file a lawsuit against. The plaintiff has to preserve the evidence as it was at the time of the collision.
As mentioned above, a product defect lawsuit may involve a manufacturing defect, design defect, or failure to warn. The latter means that the manufacturer sold the bicycle without proper instructions or warnings.
In a bicycle defect lawsuit, the following parties may be held liable:
The best is to seek assistance from a Nevada personal injury lawyer experienced in bicycle defects lawsuits and consumer product liability claims.
Bicycle Defects and Associated Injuries
The Consumer Product Safety Commission (CPSC) recalls defective products due to varied defects, including faulty chains, creaking forks, cracking frames, failing brakes, etc. In addition, these defects may occur due to the following reasons:
- Defect in design
- Cracking during manufacturing
- Negligence during installation
- Improper attachment of pedals
- Defective braking system
- Installing a faulty chain or seat post
- Defects in Bike Stem or handlebars
- Installing faulty tubes or tires
- Failure in seat saddle clamp
- Other safety standards failure
Even the most expensive bicycles can be defective, endangering cyclists. For example, Trek, a leader in the bicycle market, began the largest recalls ever (900,000 bicycles) for its top-of-the-line bicycles in the US in 2015. It all happened when a cyclist got paralyzed in an accident in 2014.
Injuries in Defective Bicycles
Bicycle accidents often result in serious injuries, mostly causing injuries to the head. Among the injuries that cyclists suffer due to defective bicycles include:
- Traumatic brain injuries
- Facial fractures
- Spinal Injury
- Neck Injury
- Extreme road rash
- Orthopedic trauma
- Wrongful death
Bicycle Defects Lawsuits
If a person injured in a bicycle accident suspects that the accident may have happened due to a defect in the bicycle, they can file a bicycle defect lawsuit. For this, they must gather and preserve the defective bicycle’s remains. Take the photos and contact a personal injury attorney as soon as possible.
An attorney experienced in product liability in Nevada can assess the cause of the collision. They even have contacts with metallurgists and design engineers to determine the defect in the bicycle or the cause of its failure. They can determine the fault and trace it back to a manufacturing or design source.
Like other personal injury cases, compensation for personal injuries in a bicycle accident in Nevada may be awarded for medical bills (incurred and future), lost wages, pain and suffering, and punitive damages. The latter is specific to the Nevada case, where the plaintiff can file a lawsuit against a manufacturer for disregarding consumer safety consciously.
Contact a Personal Injury Law Firm in Nevada!
If you’ve been injured in a bicycle accident that you suspect occurred due to a defect in the bicycle, you can file a bicycle defect lawsuit in Nevada.
Contact Bourassa Law Group, a leading personal injury law firm in Nevada, providing top-notch legal services to clients for years. Our skilled attorneys are experienced in dealing with product liability and defective bicycle cases. Call 800-870-8910 or click here to contact us now.
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