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Bicycle Accidents and Injuries

Bicycle Accidents—Protecting Your Rights

In Delaware, as in every state, bicyclists have a right to share the road with motorists. Unfortunately, far too often, drivers fail to pay appropriate attention or simply ignore that right, leading to serious injury.

The Common Types of Bicycle Accidents

Nearly half of all car-bicycle accidents occur at intersections, caused by:

  • Motorists making a left turn into the path of an oncoming bicyclist
  • Drivers failing to stop at a light or sign
  • Drivers making a right turn without looking for a cyclist

When on the road, a bicycle is considered a “vehicle,” and all laws and regulations governing vehicles apply. For example, if a bicyclist comes to a stop sign, he or she should make a complete stop, especially when there is other traffic present.

When determining who is at fault in a car-bicycle accident, then, the bicycle will be considered a vehicle and liability will be based on general traffic rules. If there are no traffic signals at an intersection, the first party to the intersection has the right of way. If there is a signal, the bicyclist must obey the signal.

The other common type of bicycle accident results from road hazards—gravel, potholes, sewer grates, uneven curbs and even water on the road. Generally, when you are hurt because of a defect in the road, you will have to seek compensation from the municipality with responsibility for maintaining the roadway. To successfully recover compensation for such an accident can be difficult unless you had witnesses and even then, you need to show that the municipality had not taken reasonable measures to fix the problem. If the fix was relatively simple, but the government failed to act, you have a good chance of recovery. But if the government had posted reasonable warnings or the fix was unreasonably expensive, it will be difficult.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Recreational Sports Injuries

Can You Recover Compensation for a Recreational Sports Injury?

Many recreational sports involve some level of risk of injury, from football and baseball to mountain biking, skiing, snowboarding or riding an ATV. If you are hurt while participating in a recreational sport, is it just part of the bargain? Can you willingly take part in a dangerous or risky activity and then seek damages if you get hurt? The answer—it depends.

The long established rule with respect to many sports-related injuries is known as assumption of risk. When you go onto a football field, in a full-contact game, you expect to get hit, particularly if you want to handle the ball. The key question, though, focuses on the nature of the risk assumed. Do you automatically assume risk for any type of injury simply because there is a chance of certain types of injury? The clear answer there is no. Here are some of the instances where assumption of risk would probably not apply in a recreational injury:

  • When equipment used for the activity is dangerous or defective—Participants in recreational activities have a right to expect that goods specifically developed and marketed for use in that activity are safe. Accordingly, a person may be able to recover damages if an ATV is demonstrated to have an unreasonable risk of rollover. Bats made with defective lumber, bindings that break, inadequate protective gear—all can be the basis of a lawsuit
  • Intentional or reckless actions that are outside of accepted components of the activity—Throwing a baseball at another player or taking a swing at someone, either with a fist or a bat, may be considered outside of the scope of the activity and not covered by the assumption of risk.
  • Other acts not considered to be an inherent risk—You can be hurt by acts of negligence that it’s not reasonable to assume, as they are not part of the activity. For example, if a stadium wall or fence is poorly maintained and causes injury, you will likely have the right to sue.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.

Dangerous and Defective Products

The Different Types of Product Liability Claims

When a product that you’ve purchased, used or been exposed to has caused you physical injury or loss, you may have a right to seek compensation from a number of different parties, from the designer to the manufacturer to the wholesaler or retailer. This is known as a product liability claim.

Product liability claims generally fall into one of three types:

  • The product was defectively designed—This claim is based on the allegation that the product designer failed to take certain known or reasonably discernible risks into account when designing the product.
  • The product was defectively manufactured—This claim alleges that the manufacturer made a mistake in the production of the product. It may involve the use of substandard materials, the omission of key components or some other defect.
  • The product did not contain adequate warnings—This claim alleges that the product manufacturer did not adequately warn the potential user of risks that were reasonably foreseeable.

Most product liability claims are based on a theory of negligence. To recover under a theory of negligence in a product liability claim, you generally have to show four things:

  • You must have incurred injury or loss—it can be property damage or it can be personal injury (or both), but you can only recover for actual losses
  • You must show one of the three conditions above, i.e., defective design, defective manufacturing or failure to warn
  • You have to demonstrate that the design defect, manufacturing defect or lack of warning actually caused your injury or loss
  • You must also show that you were using the product as it was intended to be used

Contact Our Office

To arrange a free initial consultation with a Delaware personal injury lawyer, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.