What to do if Your Bicycle Brakes Fail to Work

 Posted on September 01, 2019 in Uncategorized

When most people hear about bicycle accidents, they think about a collision between a bike and a vehicle or a bicyclist losing control. However, there are times when the brakes of a bike fail to engage. When you are riding a bike, you need the brakes to work. There is no questioning that.

When the brakes of a bicycle fail to work, it can lead to disaster for the cyclist. Getting into a bicycle accident almost always means an injury for the cyclist. Even when wearing a helmet, the following injuries are common after a bike crash:

• Bone fractures
• Spinal cord injuries
• Traumatic brain injuries
• Significant disfigurement
• Dismemberment or amputation
• Loss of or damage to a bodily organ
• Other injuries that inhibit a person’s daily activities

What kind of case are you looking at?

Bicycle accidents can be complicated enough when another driver is at fault for the crash. When the brakes fail to engage, you could also be looking at a defective bike. This means you are looking at three possibilities:

1. A product liability lawsuit
2. A personal injury lawsuit
3. A combination of both

Product liability issues

If a bicycle company or manufacturer is careless or negligent, they could put faulty products in the hands of consumers. There are various ways in which a bicycle’s brakes could be defective:

• Faulty design– All products and all parts and components of the product should be thoroughly tested before they are sold and distributed to consumers. However, there are times when design flaws are not discovered until after the product is in the hands of consumers.
• Manufacturing defects– There are times when a well-designed product experiences a problem during manufacturing that alters the original design, rendering it harmful for the consumer.
• Failure to warn/labeling problems– Companies and manufacturers could fail to warn consumers of potential hazards associated with the product. In the case of a bike, this could be conditions in which the brakes are unlikely to work or conditions that could cause them to lock up.

When a product is found to be harmful or potentially harmful for consumers, it will likely be recalled by the company at the direction of various US regulatory agencies.

Personal injury claims

If your brakes failed to engage and you were struck by a vehicle, the failed brakes do not necessarily mean that the driver’s negligence played no part in the crash. If you are struck by a negligent driver, you could be eligible for compensation through a personal injury claim with their insurance company or through a personal injury lawsuit.

What kind of compensation can I get?

If you or a loved one are involved in a crash due to faulty bicycle brakes, you could be entitled to compensation through a personal injury claim or a product liability lawsuit. You should speak to a knowledgeable and experienced attorney about your case. Your attorney can discuss the various types of compensation that could be available, including:

• Coverage of all medical expenses related to the crash
• Recovery of lost wages and benefits if you cannot work
• Pain and suffering damages
• Loss of enjoyment of life damages
• Possible punitive damages against the company or manufacturer

Deciding which type of lawsuit to pursue (or perhaps both) should be a topic of discussion with your lawyer.