Our client, a student at the University of Southern California, was riding his bicycle when the bike chain suddenly came off, causing him to suffer a terrible crash in the middle of an intersection. He had a compound fracture of his leg and needed knee reconstruction, undergoing two surgeries over the course of six months to regain the ability to walk again.
We Don’t Shy Away From a Complex Injury Case
This was a difficult case with many conflicting issues related to bicycle construction, maintenance, and usage. For example, our client’s bike was brand new—only two weeks old. Our client was also in the spotlight for shared liability since he had replaced the bike chain the night before the crash. Many law firms would have passed on the case because of the depth of the challenges regarding causation. However, the legal team at Case Barnett filed suit against the bicycle manufacturer, the manufacturer of the chain, and the store that sold the bicycle just in case the defendants attempted to blame each other.
As expected, the defendants argued that our client shouldn’t have been riding the bike since he knew there was a problem with the chain. The chain had fallen off the night before, so our client had replaced it in anticipation of using the bike the next day. We countered with a common-sense argument: people should be able to rely on the products they buy to do what they’re supposed to do. In addition, bicycle owners are expected to fix defects and replace parts throughout the life of their bikes, precisely as our client did.
Finally, when our expert examined the bicycle, he determined that the chain fittings on the bike were defective. It made no difference which chain was installed; the fittings made malfunction overwhelmingly likely. Our willingness to invest the necessary funds into hiring reputable experts to create written reports by experts directly benefited our client.
The Benefits of Calling a California Bike Accident Attorney as Soon as Possible
Since video evidence is typically destroyed within 30 days of an incident, plaintiffs must get an attorney involved early to ensure evidence is preserved. Our investigator contacted the University of Southern California and obtained the traffic light camera, which showed the crash and supported our client’s version of events. If we hadn’t obtained the video before it was destroyed, our client’s version of events would likely have been doubted and scrutinized by the defense.
We also stopped our client from repairing or throwing away the bicycle, ensuring the bike was thoroughly photographed and not altered before the case went to court. By preserving the bike, we made it much easier to proceed against the manufacturer and the seller—and less likely that the defense could blame our client for the crash. Our client received a settlement that paid for his medical costs and the pain and suffering related to the accident.
If you were in a similar accident and aren’t sure what to do next, you need Case Barnett Law to help you get the justice you deserve. Please call our office at 949-409-0055 or contact us online to begin your free, confidential consultation, or start reading our guide, The 7 Biggest Mistakes That Can Ruin Your Accident Claim.
