As a motorcyclist, you know that riding your bike cautiously is crucial to staying safe and preventing accidents. But no amount of caution or preparation can prevent an accident caused by a motorcycle defect.
If a defect caused or contributed to your accident, you may be wondering about your next steps. Can you sue for motorcycle defects in accidents?
You have the right to hold manufacturers accountable for defects that cause injuries. The motorcycle manufacturer may be legally liable for your accident and owe you compensation.
Further, taking legal action sets a precedent to hold motorcycle manufacturers accountable for their products, helping prevent future accidents.
With the help of an experienced motorcycle accident attorney, you can sue for motorcycle defects and begin moving forward with your life.
Types of Defects Leading to Accidents
Manufacturers have a duty of care to produce safe products that operate as intended. When they let defective products pass through their doors, they become liable for the resulting injuries or other damages.
Several types of motorcycle defects can lead to accidents, including the following:
- Manufacturing defects: These arise during production. Perhaps a worker allows a fractured frame or cracked fuel tank to pass inspection, affecting the performance and safety of the motorcycle it becomes a part of.
- Design defects: Occurs when manufacturers fail to consider the potential dangers of a part design. While the part may have been manufactured correctly, it was never designed to withstand normal riding activity, eventually leading to a breakdown.
- Warning or labeling defects: These happen when a manufacturer neglects to provide adequate warnings about the risks or hazards of a product. For example, perhaps the manufacturer of a new braking system fails to warn against using a certain type of brake fluid. You unknowingly use an unsafe brake fluid, degrading the system’s seals and causing the brakes to fail.
If you want to sue for motorcycle defects in accidents, you’ll need to identify the type of defect first. This is crucial for determining liability and pursuing compensation. If your defect doesn’t meet one of the above definitions, you may have a hard time establishing negligence.
Establishing Liability After a Motorcycle Accident Involving Defects
A product liability lawsuit is a type of personal injury case that holds a product manufacturer liable for defects. While defective products can involve negligence on the part of the manufacturer, they often fall under strict liability. This doctrine assumes manufacturers can be liable for defects regardless of their intent or knowledge.
This means that you may not need to prove that the manufacturer was aware or should have been aware of the design flaws or defects that caused your accidents. Their role in the product’s production or distribution automatically makes them liable.
Manufacturers aren’t the only parties that can be responsible for product defects in motorcycle accident cases. You could also hold the following parties liable:
- Distributor: The company responsible for distributing the defective part. Perhaps the product became damaged during shipping.
- Retailer: The store or organization that sold you the defective part. Maybe the retailer stored the product incorrectly, or the defect was obvious, and the product never should have been sold.
Identifying which party or parties were responsible for the defect is an important step in establishing liability. Your motorcycle accident attorney can help you pinpoint the liable party by tracing the product’s journey from the manufacturer to your motorcycle.
Proving a Defect Caused the Accident
Can you sue for motorcycle defects in accidents? Yes, but you’ll need to prove that a defect existed at the time of the crash and that it directly contributed to your accident.
You’ll need extensive evidence to prove both of these concepts. Compelling evidence may include:
- Photos and videos of the accident scene
- Maintenance records to show that a lack of maintenance did not lead to the part breakdown
- Examples of this defect on other motorcycles
- Any recalls the manufacturer issued about the product
You may wonder whether you can still sue if the manufacturer recalled the product that caused your accident. A recall alone does not protect manufacturers from liability for injuries. You may still be able to hold the company accountable, and you can use the recall as evidence of the product defect.
Your evidence should directly establish that the defect caused the accident. The defect may have existed, but you cannot hold the manufacturer liable if it did not lead to the accident.
Let’s return to the example of the labeling defect that led to using the wrong type of brake fluid, impacting the performance of the brakes. To hold a manufacturer liable for this defect, you would need to prove that the brake failure directly caused the accident. If you were riding on slick or icy roads at the time of the accident, the manufacturer may claim that the accident would have happened anyway.
Partnering with an experienced motorcycle accident attorney is key as you attempt to establish direct causation.
How To Take Legal Action After a Motorcycle Defect Caused an Accident
Your motorcycle accident attorney can answer, “Can you sue for motorcycle defects in accidents?” If your attorney agrees that you have grounds for a personal injury claim against the manufacturer or a related party, follow these steps to seek compensation:
- File an insurance claim: Manufacturing companies typically have liability insurance to help cover their financial liability for product defects. Your first step is to file an insurance claim and attempt to seek compensation this way.
- Negotiate an acceptable offer: The insurer may not present a reasonable offer up front, or the manufacturer’s policy limits may not be high enough to cover all of your damages. Your attorney can help you negotiate a higher offer.
- Pursue legal action: If the insurer cannot provide an adequate payout, your next step is to take the manufacturer to court. Your attorney can help you file a motorcycle accident lawsuit with the appropriate court, serve the defendant, and attend your initial court dates.
- Attempt to reach a settlement: Many product liability lawsuits settle out of court. You can avoid going to court if the defendant provides a high enough settlement offer.
- Go to court: If you can’t reach a settlement with the defendant, your attorney will represent you in court, and a judge or jury will decide whether the defendant was liable and how much they owe you.
Damages Recoverable in Motorcycle Defect Lawsuits
Pursuing legal action against the manufacturer allows you to seek financial compensation for your accident. You can seek a few different types of damages to help make up for the accident.
Economic damages compensate you for the direct economic expenses you incurred from the accident. These may include:
- Medical bills
- Lost wages
- Property damage
- Loss of ability to work
You can also seek non-economic damages, which cover the effects of the accident that don’t have a monetary price tag. These may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
If the manufacturer or other at-fault party exhibited extreme negligence or misconduct, leading to your accident, you can also pursue punitive damages. These attempt to punish the defendant for their wrongful behavior. For example, maybe the manufacturer intentionally overlooked a serious defect in the product to meet their bottom line.
Consult an Attorney Today To Sue for Motorcycle Defects in Accidents
Can you sue for motorcycle defects in accidents? Yes, and Sadaka Law is here to help you through the process. Our experienced attorneys have helped countless motorcycle accident victims secure compensation and begin to move forward. We also have extensive experience with product liability claims and can help you gather compelling evidence to support your case.
Contact us today at 800-810-3457 to schedule your consultation with a seasoned motorcycle accident attorney.
