Litigation And The Bicycle
Cycling, in all of its various manifestations, is arguably the most popular recreation in America. Bicycles have a variety of dimensions that encompass a good range of recreational interests. From beach cruisers, hybrids, and touring bicycles, to road-racing bikes, cyclists take their rides seriously. Once the exclusive domain of a few purists, road racing has spread to the masses with an ever-expanding plethora of specialty models. Mountain bike racing and BMX are now Olympic events, and lately, a small but growing fleet of pedal-driven kayaks is gaining acceptance. Taking into consideration the several types of machines, the quality control of equipment, and all the reasons we ride – recreation, transportation, sport, and indoor exercise – it's easy to see why bicycles and personal injury litigation represent an exponentially increasing entity.
Many of the popular mainstream bicycling publications and club newsletters feature personal injury attorney advertisements, and the enthusiast's racing publication, VeloNews, has a legal column advising racers of their rights. Bicycle and motorcycle specific personal injury attorneys and experts with specific skills for both plaintiff and defense cases are now in evidence.
Trial-qualified expert witnesses should have experience in cycling "standards of care" and "due care" while riding. Rider response and rider safety are issues in need of constant decisions in deposition and court. As cycling populations are growing, there is a likelihood for bicycles and parts to enter into the market with substandard testing, and product recalls are fairly prevalent. Design criteria and exotic materials are continually changing and being upgraded, and items such as frames, forks, drive train components, seat posts, handlebars, saddles, tires and tubes have been known to fail under a variety of road and off-road conditions. Engineering consultation and test familiarity with bicycle manufacturers are vital tools for a successful expert. Most attorneys concur that an expert who can execute unmistakably defined accident reconstructions can be fundamental to winning cases.
Accident avoidance, from the perspective of the rider, is another hot legal topic. Eluding crashes begins with the cyclist's responsiveness for the essentials of bike-handling skills and exercises. Skills' training is often overlooked by a multitude cyclists. An understanding of the basics of teaching the process of defensive riding on and off the road is fundamental to a dangerous expert.
For forensic clarity, the study of rider positioning with a multitude of computer assisted motion analysis software is an excellent way to determine the biomechanical issues related to a variety of physical injury patterns.
As more and more people are considering bicycles as alternatives to automobiles and the high cost of fuel, while achieving personal fitness goals, there is a perfect setting for a round of complex issues related to riding skills; traffic, road hazards, maintenance, and equipment head the list. A recent online Newsweek feature explores the rising specter of road rage as motorists and cyclists square off in what has been described as "turf wars.' In choosing a bicycle expert, attorneys should consider the level of practical experience the individual has to offer.
This article was written by a Bicycle Expert Witness. See the full CV for this and other Technical Expert Witnesses at this Expert Witness Services Company.
Tags: Bicycle Accident Reconstruction, Expert Witness Services Company, Litigation and the Bicycle