Due to this bike evolution, bicycle attorney and advocate Charles Finkel says product liability cases from a bike crash are also on the rise. Product defect cases exist in various forms—from a kid's bike purchased at big box stores such as Wal-Mart to old-fashioned bike shops. And increasingly mountain bikers are unaware that they could get into a bicycle accident due to a potential defect.
Finkel explains that bicycles are more readily available to consumers; consequently the manufacturers are outsourcing to China and Taiwan and frequently use carbon fiber material due to its strength and lightness. "Unfortunately in this materials evolution, there is an increasing chance of structural failures without advanced warning to the rider," says Finkel. Translation: a bike crash is becoming a common occurence.
"Over the years I have seen many types of failures," he says. "They haven't occurred on older and heavier steel but with aluminum frames, welding failures can cause failure of a joint on the frame which can lead to serious injuries, particularly when they occur on mountain bikes used on rough terrain. With one older model aluminum mountain bike I saw a series of frame failures due to the same type of inadequate welding process. Unfortunately, this type of defect cannot be observed by the rider beforehand, therefore it can go unnoticed the impending failure.
Fork Failure
With carbon fiber, failures can be even more insidious. I have handled several cases involving fork failures, which can be deadly. In one case the forks on a high-priced carbon fiber frame broke when the rider was doing nothing more than leaving his driveway at a very slow speed. He was thrown to the ground and hit his head. At the time he thought he suffered no more than a headache but 3 days later, he went into a seizure due to a subdural hematoma. After several months in hospital he was released and attempted to lead a normal life but shortly after his case settled, he suffered another seizure, hit his head and died. He was wearing a helmet when he fell but even at low speed impacts, helmet manufacturers warn that a helmet cannot prevent serious injuries.
Since that case I have had several other fork failure cases, from broken necks to minor scrapes and bruises.
The problem with the fork failures is that there is no way to detect them before they occur. The failure generally stems from inadequate construction techniques which will lead to micro-cracking. These types of cracks expand during the life of the bicycle use until it ultimately fails. They can occur at any speed and over any type of surface.
The manufacturers tend to defend these types of cases, arguing that the failure was caused by either the accident itself--meaning the forks broke after the fall--or due to poor handling and treatment of the bike by the rider, or other factors unrelated to their own design and manufacturing. Of course these manufacturers are steadfast in saying there is nothing wrong. How else will they get people on their bikes?
Building a Products Liability Case
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Other defects on frames can be handlebar, seat-post and attached bolts failing. And as discussed in a previous article , chain failures leading to jamming (that mainly occur on bikes purchased from big box stores) are common. If you have a suspected product failure, it is important to save all components of the bike including your helmet, shoes, gloves, and anything else you were wearing and anything that was on the bike in order to preserve evidence which could be critical in any type of later case."
Next week, Bike Accident Experts, Part 3: Roadway Defects.