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Consolidated
Consultants Co.
289 Church Ave.
Chula Vista, CA 91910
(619) 422-5559
(800) 683-9847
fax (619) 422-8101
info@freereferral.com
Consolidated Consultants Quarterly Newsletter Article: Summer 2010, Vol 7.
Litigation and the Bicycle
Cycling, in all of its various manifestations, is arguably the most popular recreation in America. Bicycles are multi-dimensional, encompassing the gamut of recreational interest. 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. Considering the numerous 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 expanding 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 needing frequent resolution in deposition and court. With the popularity of the sport growing, the possibility exists for bicycles and parts to be marketed with inadequate testing, and product recalls are fairly common. 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 experience with bicycle manufacturers are imperative tools for an effective expert. Most attorneys agree that an expert who can execute clearly defined accident reconstructions can be integral to winning cases.
Accident avoidance, from the perspective of the rider, is another hot legal topic. Avoiding crashes begins with the cyclist's awareness of the fundamentals of bike-handling skills and exercises. Skills' training is taken for granted by many 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 variety 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 people consider bicycles as alternatives to automobiles and the high cost of fuel, while achieving personal fitness goals, the stage is set 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.
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Reprinted with permission from Author 800-683-9847
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