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
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 accident, call the Doan Law Firm immediately.