- How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
- In a case with multiple heirs, how are damages divided?
- Will My Health Insurance Coverage or Paid Sick Leave from Work Limit My Recovery For My Motorcycle accident?
- Is There Anyone Other Than the Drivers and Passengers Involved in a Motor Vehicle Collision That I Could Sue for My Damages?
- Will My Attorney Need To Retain Experts To Prove Liability And Damages Even Though My Injury Is So Obvious?
- Who can sue for an amputation injury?
Apple Valley Motorcycle and Bicycle Accident Lawyers
- October 5, 2016
When Defective Motorcycle Parts Cause an Accident
Personal injury law is used most often for motorcycle accident cases. Application of this law helps to determine who can be held liable for injuries and damages. With that determination, an Apple Valley motorcycle accident lawyer knows who should is financially responsible for the economic losses of the victims.
Legal Remedies for Motorcycle-Related Accidents
If you or a loved one has been injured in a motorcycle-related accident, some of the most common legal remedies include:
• Receiving compensation for medical treatment, including any future care
• Receiving payment to either replace or repair your damaged property
• Seeking compensation for injuries that has left you or a loved one permanently disabled. Amounts are typically based on the loss of future earnings capacity. Calculations used go by your latest salary and potential earnings.
• Being compensated for pain and suffering
• Receiving punitive damages, which more than the actual amount of damages. Also, punitive damages are only awarded after ii is prove the defendant acted in an extremely malicious, reckless and wanton way.
When Defective Motorcycles Cause Accidents
Aside from being in a crash with a reckless driver, there are times when motorcycle manufacturers were found to be liable for a motorcycle accident. In these instances, the bike was found to have some type of defect.
When thousands, or even millions, of people were affected by defective motorcycles, class action lawsuits are often the go-to route for the victims and their lawyers. This allows all affected people to sue the manufacturer. Hopefully, they have a better chance of winning once it’s proven that an accident was not one isolated incident, but in fact, a negligent error by the manufacturer.
Occasionally, an injury from an accident was caused by a problem with the motorcycle itself. For instance, a claim that the motorcycle was wobbly when driven at high speeds could be the result of a defective part. If this happened with your accident, you could have a product liability claim.
Types of Defective Product Claims
Defective product claims are typically one of two types. A defectively manufactured motorcycle or part refers to one or both being improperly produced. This could have resulted from an error at the facility were the motorcycle was made.
Alternatively, the deficiency in the bike’s performance could have come from a problem during shipping, or once it arrived at the supply store or dealership.
The other way you might have a product liability claim is if the design of the motorcycle presents unreasonably dangerous situations. In this category, the motorcycle and/or parts were made properly. However, the design puts drivers in danger of suffering injuries or other damages.
It is also possible that the defective part or motorcycle is part of a safety recall. Either the manufacturer or the National Highway Traffic Safety Administration might have initiated the recall.
If this is the case with the motorcycle you were driving at the time of the accident, the manufacturer is responsible for taking the necessary steps to notify owners and remedy the situation. A repair, repurchase or replacement of the motorcycle are standard options.
Typically, determining liability when two vehicles are involved is pretty straightforward. Both parties will dispute who is at-fault and evidence is used by a motorcycle accident lawyer to prove his or her client’s case.
When the accident raises the question of a defect, resolution becomes a little more complicated from a legal standpoint. That is why if you suspect a defective part caused your accident, you need to work with an experienced lawyer who understands how to apply personal injury law when it is connected to defects in a motorcycle.
Determining liability for your accident requires thoroughly vetting the facts. Injuries are usually more severe than if you were in a car, so determining all liable parties is crucial to building the strongest case.
Getting Help from Apple Valley Motorcycle/Bicycle Accident Lawyers
Not only could the motorcycle manufacturer be liable for the injuries you suffered due to defective parts or the motorcycle, but the distributor, retailer or repair shop may also bear some responsibility. The experienced Apple Valley motorcycle/bicycle accident lawyers at El Dabe Law Firm know what it takes to win for their clients.
Past results show a commitment to helping personal injury victims recover financial losses after a motorcycle accident. Contact the firm today so you have resources that protect your rights and people who will fight for the compensation that you are entitled to receive.