Motorists, bikeshare companies, bike manufacturers, municipalities, and bikeshare users themselves are the most common liable parties in bike share accidents. Bikeshare riders are prone to bicycle accidents, especially on busy city streets, which can result in severe injuries or even fatalities.
Common Liable Parties in Bikeshare Accidents
Most of the bikeshare crashes involving cars are a result of drivers who fail to watch out for riders on the road. Distracted driving, drunk driving, sleep-deprived driving, driving too fast, and refusing to yield to a bikeshare rider, even when he or she has right of way are some of the ways a motorist can cause a bikeshare crash. Opening a vehicle door recklessly and striking a rider or simply failing to see an oncoming rider and sideswiping him or her are other causes. If the motorist is liable for the accident, the motorist or the motorist’s insurer should cover the medical expenses and other damages suffered by the injured rider.
Bikeshare companies could be legally responsible if a person is injured in an accident caused by poor or lack of maintenance of their bikes. If a pedestrian suffers an injury in an accident caused by a rider, the bikeshare company could be legally responsible for the pedestrian’s personal injuries. This is especially true if the company doesn’t have any waiver of liability agreement with the rider.
Product liability laws require entities responsible for manufacturing, distributing, and selling consumer products to use acceptable care in ensuring the safety of users. If a manufacturer fails in its duties to manufacture a defect-free bike, then that manufacturer would be liable for any damages in the event of an accident.
Municipalities, such as cities, are sometimes liable for bikeshare accidents. If a rider was seriously injured in an accident caused by a poorly maintained bike lane, the rider could potentially sue the municipality in charge of the bike lane’s maintenance.
If the bikeshare company has a liability waiver in place, then the rider would be fully responsible for any injuries or damages caused by his or her negligent actions in the bike crash.
A Las Vegas personal injury lawyer can examine the facts of a bikeshare accident and carry out a rigorous investigation to determine the liable party or entity in the accident.