Sometimes it's the Product that's at Fault, Not the Rider
Product Liability Attorney Serving Nationwide
Many things can go wrong when you are out on your motorcycle. You have
to worry about the rules of the road, pedestrians, motorists, and making
sure your bike is in good enough condition for riding.
Despite your best efforts, accidents that lead to injury can still occur.
Sometimes, that accident is directly because of faulty component of your
bike rather than anything else. When an accident occurs because of a faulty
motorcycle part, it falls under the purview of product liability laws.
Inherent Risks of Riding a Motorcycle
Riding a motorcycle comes with inherent risks. That is an undisputable
given. Motorcycles suffer from low visibility, are more sensitive to road
hazards, and offer no real safety barrier for the rider. Riding represents
a high-risk behavior and experienced riders already know this.
None of the riskiness involved means there are not instances of outright
negligence that can lead to a
motorcycle accident and injury. And while negligence can come in many forms, one of the most insidious
forms of negligence is when the accident occurs because of a defective part.
Faulty and Defective Motorcycle Parts and Designs
Your motorcycle consists of many parts, and many of those parts consist
of smaller parts. The failure of any part of a balanced bike can lead
to an accident. In most cases, keeping your bike maintained and up-to-date
with repairs will give your bike years and years of life.
But what happens when one part, or a part of a part, is defective?
Most common defective motorcycle parts
The most common defective or faulty parts are those parts that you are
likely to change yourself or purchase aftermarket versions of.
- Tires and wheels
- Fuel systems
- Shock absorbers
A sudden malfunction of any one of these things can lead to disastrous
consequences. Many people think that these kinds of malfunctions are their
own fault, but really, it is due to the negligence of one or more people.
When brakes suddenly stop working while you are out riding, it is not your
fault. The negligent party can consist of the installer, the manufacturer,
the distributor, seller, or any combination of these entities. You have
a very real chance at winning the compensation you deserve for any injuries
or complications that come from an accident caused by these faulty products.
There is another form of product liability as well in the form of a motorcycle
with a dangerous design. Even if all the components of the bike are sound,
there is also a possibility the overall design of the motorcycle can directly
lead to injury.
Types of injuries caused by defects
Injuries that occur because of these defective parts can vary, but considering
the nature of the motorcycle itself, there are a few injuries that are
more prevalent than others.
- Broken bones, usually arms, legs, or ribs
- Concussions and other forms of brain damage
- Soft tissue damages of all kinds
- Mild to severe spinal injuries
- Disfigurement and lacerations
- Burns, cuts, scrapes, and various other smaller body damage
Any of these things can change your life forever. And none of these things
are injuries of the "grin and bear it" variety. You should seek
medical attention immediately for any accident, even if it is mild. From
there you can start to figure out what went wrong.
Proving a Defect in Part or Design
Proving a part or design defect is not always easy. Unless it was an obvious
issue, such as malfunctioning brakes, then proving something defective
will take a little investigation. It all starts with the accident itself.
You should document everything that you recall that led to the accident.
If you or someone you know has to ability to do so, then you should document
everything at the scene of the accident. That includes taking pictures,
gaining the contact information of witnesses, calling the police, and
making a statement.
Make sure that you take pictures of the motorcycle as well. Of course,
depending on the nature of your accident, you may not find yourself in
a position to do any of those things, but that is alright. You can still
look at the bike later or have an expert examine it to see if faulty equipment
was the cause of the accident.
If you suspect a faulty part or design, you can also do some research online
to see if there are similar incidents regarding the suspected part. You
may find that several people have had issues with a particular part or
motorcycle design. You should also check to see if the manufacturer issued
any safety recalls.
It is important to remember that most manufacturers are not malicious or
purposefully sending out faulty products. It is highly possible that you
can hold some of the blame as well.
For example, if there has been a recall issued by your motorcycle's
manufacturer, and you ignored it, then you may hold some of the responsibility
for an accident. Even if you do hold some fault, it is still possible
to seek a settlement or lawsuit for injuries.
If a seller or distributor ignores product recalls, then they will bear
the brunt of the blame. When a manufacturer issues a safety recall, they
must attempt to alert those that have purchased their products.
When it is the motorcycle itself, they will inform you. When it's in
parts, then they can only inform you if you've registered those parts.
Otherwise, they must inform their distributors.
You Will Need Help
As you can probably tell, these types of product liability cases require
a little help.
Personal injury lawyers with an emphasis on product liability can help you figure out what your
next steps should be. There is a lot to sift through when it comes to
product liability cases.
There is your injury and current condition, but there is also the investigation.
You and your attorney must prove that the defective part or design contributed
in part or fully to your accident. You must prove that it was not wear
and tear on a part, or a lack of maintenance, that caused the accident.
You must prove that it was not improper use or you ignoring rules that
lead to the accident. There are any number of factors involved that can
make a case complicated. Attempting anything without professional help
is not something you should consider.
Call the Doan Law Firm
To that end, you should contact those that know how to deal with such cases
as soon as possible. The Doan Law Firm is here to assist you and help
you figure out how to make sense of your situation.
They are open 24-hours a day, 7-days a week, because an accident can occur
at any given time, not just during business hours. They offer a free phone
consultation, they charge nothing unless they win your case, and they
are #1 in customer service. If you or someone close to you is in a motorcycle
call the Doan Law Firm immediately.