Motorcycle manufacturers must adhere to strict safety regulations set by the National Traffic and Motor Vehicle Safety Act. Failure to meet safety standards puts lives at risk and leads to catastrophic motorcycle accidents. If you have been in an accident due to a defective part, you may be entitled to compensation for your injuries and other losses.
Sevenish Law Firm, P.C. represents clients in product liability cases that involve motorcycle accidents. Our lawyers can act on your behalf to negotiate a settlement with the insurance company. To find out more about how an Evansville motorcycle defective parts lawyer can help you, contact our law firm today. Get a free case assessment by calling 317-720-3229.
Types of Motorcycle Product Defects
There are two ways that a motorcycle can become defective:
- A single defective part or motorcycle: The accident may have occurred as a result of a defect in a single part or a single motorcycle. This usually occurs as a result of an error in the building phase. A machinist (or the machine they were using) committed the error.
- A flaw in the design: A flaw in the design can affect an entire line of motorcycles—thus, increasing the risk of multiple accidents. In the case of a flawed design, a manufacturer may recall the line of products to mitigate the possibility of rider injury or fatality.
Sevenish Law Firm, P.C. works on a variety of cases involving both defective auto parts and design flaws. Some product defect cases we handle for clients include:
- Wheels and tires
- Fuel tanks
Unfortunately, riders are often unaware of these defects. As a result, they may lose control of their motorcycle and veer off the road or collide with another object. Sevenish Law Firm, P.C. can investigate your accident to determine if it was the result of a defective product. If so, we can help you file a product liability claim against the responsible party.
How to Prove the Motorcycle Was Defective
Identifying a defective motorcycle part after an accident can be difficult since many of the parts are damaged. However, there are several ways that our attorneys can establish product liability, including:
Provide Manufacturer Documents
We can view all past and current manufacture reports (or other documents) to determine if there was a problem with the part. Manufacturer reports often discuss the details of the motorcycle part and whether or not any previous issues existed.
Present the Fact That the Part Used Was Recalled
It is not uncommon for motorcycle designers to recall parts. Many recalls happen as a result of flaws in a product’s design. We can inspect your motorcycle to find out if any of the parts have been recalled recently.
Work With Expert Witnesses
We may hire accident reconstruction experts or motorcycle design experts to determine how the accident happened and who is liable. Expert witnesses can look at a part to tell if it is defective and how the malfunction caused you to lose control of the motorcycle.
Utilize Repair or Replacement Records
If you had maintenance performed on your bike recently, the reports from the mechanic may demonstrate that a defective part hard to be replaced or was added to the motorcycle.
An attorney from Sevenish Law Firm, P.C. can help you verify details and circumstances relating to your claim. To find out more about our legal services, call 317-720-3229 for a free case evaluation.
Establishing Liability in a Motorcycle Accident Case
Proving that the motorcycle was defective is only part of your case. Your Evansville motorcycle defective parts lawyer must also determine who is at fault and how their negligence or careless action led to your accident. Negligent parties in a defective motorcycle part case may include a:
- Motorcycle or auto part manufacturer
- Distributor or wholesaler
- Motorcycle auto part designer
- Trucking company
- Motorcycle or auto part retailer
- Inspection agency
- Auto parts mechanic
Motorcycles must go through multiple ongoing inspections and maintenance to ensure that they are safe for the road. If any company involved in the manufacturing, selling, handling, or maintenance of motorcycles fails in maintaining safety standards, they may be liable for your accident.
Our legal team performs a thorough inspection to determine who is at fault for your injuries. We look at evidence such as company documents, police reports, eyewitness statements, expert testimony, and photo/video footage of the accident to get a clearer understanding of how the accident occurred.
Recovering Damages After a Motorcycle Accident
A motorcycle accident can lead to life-altering injuries and other damages. We look at all the evidence and the extent of your losses to estimate what your case is worth. Damages you may be able to claim after the accident include:
Some of your damages are tangible and can be calculated. Economic damages may include medical expenses or lost wages. We can look at your past expenses and lost pay and also project future damages—including disability or diminished earning capacity.
Pain and Suffering
Noneconomic or general damages are not calculable. As such, they may be more difficult to estimate. However, you deserve compensation for these damages. Our attorneys will work to get the maximum compensation possible. Damages may include physical agony, emotional trauma, loss of consortium, or loss of joy of life.
In a wrongful death suit, your family may receive compensation for all losses related to the death of a loved one. You may be entitled to recover burial/funeral expenses, pre-death medical expenses, loss of household income, or pain and suffering of the deceased.
Get Started with Your Motorcycle Accident Case Today
With the help of an attorney, you may be able to recover fair compensation for your injuries and damages. Contact Sevenish Law Firm, P.C. to get started with your case. Get a free case assessment with an Evansville motorcycle defective parts lawyer by calling 317-720-3229. You may have a limited time due to the statute of limitations presented in IC 34-11-2-4.