Bike-share programs have become a common way to get around cities across the country. Whether you’re riding a Citi Bike in New York, checking out a beach town in Florida, or pedaling along the Southern California coast while on vacation, renting a bicycle is a fun way to get around.
But if you’re injured in an accident while riding a rental bike, the legal and insurance questions can be complicated. That’s especially true for vacationers. A crash that happens in another state is handled under that state’s laws, even if you live somewhere else. Responsibility may depend on how the bicycle accident happened, who owned the bike, who maintained it, and whether it was rented from a private company or a public agency.
Who Is Liable for a Rental Bike Accident?
Liability depends on what caused the crash.
A driver. When a driver hits a cyclist, the focus is on the driver’s conduct. A driver who speeds, fails to yield, opens a car door into a rider’s path, or ignores bike lane rules may still be responsible for the injuries they cause, regardless of whether the cyclist was on a rented bicycle or their own.
Poor maintenance or a bicycle defect. Sometimes, the rental bike itself played a role. If the brakes failed or the handlebars didn’t work properly, the company responsible for inspecting and maintaining the bike may be to blame. Rental and bike-share companies generally have a duty to keep their equipment reasonably safe for riders.
A manufacturer could also share responsibility if the accident involved a defective bike or component. For example, a brake system may fail because of a design or manufacturing defect rather than poor maintenance. In those cases, the manufacturer might be named in the bicycle accident claim.
Does It Matter Who Owns or Operates the Bike-Share Program?
Yes. Knowing who owned, operated, and maintained the rental bike does affect the claim, especially the deadlines involved and the steps an injured rider must take.
• A private bicycle rental company. The injured bicycle rider usually has more time to file a personal injury claim against the responsible parties.
• A government agency. Claims against government entities often have much shorter filing deadlines, generally just six months from the date of the bike accident. Missing that deadline can affect the right to pursue compensation. There’s more documentation involved, too.
Filing deadlines vary by state and may be different in cases involving minors.
What If Your Rental Bike Accident Happens on Vacation?
Many rental bike accidents happen when people are away from home. Cyclists have little protection in a collision, which can lead to serious injuries. That can leave the victim facing emergency medical treatment in another state. In severe cases, an injured cyclist may spend days or even weeks in a hospital before being able to return home.
Medical treatment, extended lodging, travel changes, and time away from work can quickly create unique financial challenges beyond the injury itself.
Another issue is that, unlike riding your own bike, renting a bicycle usually requires you to sign a waiver or accept terms through an app before you can ride. These agreements may include liability waivers, arbitration provisions, or rules about where disputes must be handled.
Attorney J.J. Dominguez of The Dominguez Firm addresses the issue of a signed waiver. “A signed waiver doesn’t automatically prevent an injured cyclist from pursuing a personal injury claim. If another party’s negligence contributed to the bicycle accident, the cyclist may still be entitled to compensation for their financial and emotional losses. Because these cases can involve different state laws and filing deadlines, it’s important to speak with a bicycle accident attorney in the state where the accident occurred immediately.”
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
