Who is Responsible for a Faulty Bicycle? Stockton CA

I recently had my bike checked by a reputable dealer prior to taking a cross-country trip. My tire blew on potholes in the street and my helmet, which was supposed to be top-notch, did not protect me. I flipped over the bike, suffering brain injury, broken ribs and a broken clavicle. Who is responsible for my injuries?

The answer depends on a number of things as there are multiple issues and potential liabilities.

You are getting into the area of product liability as well as personal injury. Among other things, have an attorney check your warranties on the bike, the tires, and the helmet, as well as any paperwork by the person who serviced and inspected the bike.

Potholes bring up another facet of this case. They are more dangerous for someone riding a bike than someone in a car or truck. Government entities are responsible to maintain highways and roads under their jurisdiction in a reasonably safe condition. You need to research which government body is responsible, and there could be more than one. On a highway, that could include a county, state or even the federal government if it's an interstate highway.

If you are filing a claim against the government, many municipalities or government entities have a requirement that a written claim must be filed with them within a short period of time (usually three or six months from the date of the accident) prior to any lawsuit being filed. Moreover, in some areas, the local government must have written notice of the dangerous condition before it can be held responsible.

Government entities may have immunity against lawsuits other than for actual costs, or may have limits for damages. Though government entities may claim immunity, you can sue them for negligence and for pain and suffering as in any other case if they are at fault. Examples would be an unsafe highway where the motorcycle flies over the edge (poor highway design) or when the traffic light wasn't working. Just because the government's lawyer clings to an immunity defense does not foreclose your case. Contact an attorney to investigate your options.

In a serious accident, there is also an issue referred to as "deep pockets." This means that whoever has the greater ability to pay on such an accident will likely be the best target. An attorney would likely take aim at several different potential defendants. When there are several others that may have liability, you file a claim under the liability insurance of each party. It is not necessary for you to figure out which insurer will pay first and how much they pay. The insurance companies will decide the pecking order.

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