While there are many different causes of motorcycle accidents, one potential problem could be that the bike itself or its parts were defective and malfunctioned. If this is the case, a claim of manufacturer liability may allow victims and their families to recover compensation for their damages.
Types of Product Liability Claims Involving Defective Motorcycles
Before a motorcycle or its parts are made, they are designed. Sometimes it is during this process that a defect arises. So it could have been manufactured according to specifications, but if there was a flaw in the design it would produce a defective product.
Another type of claim is when the design was acceptable but something goes wrong in the manufacturing process. It might occur at a facility where the parts are made or where the bike is assembled.
A manufacturer liability claim stemming from a defective motorcycle could also be the result of a safety recall. Some defects raise serious concerns about the risk of a crash or injuries that are worse than normally expected. In this case the manufacturer or government may issue a safety recall.
For instance, a safety recall involving unstable wheels could pose the risk of a motorcyclist losing control and crashing. A claimant may point to the recall as evidence of the bike’s defects.
Liability for a Motorcycle Accident Caused by Defects
As mentioned, product designers and manufacturers are some of the common parties that could be held liable when a motorcycle crash is the result of a defect. But those are not the only parties who could be responsible. Shippers, wholesalers and retailers might also be named in a claim. For example, if a retailer sells a recalled product, the retailer may be liable for any resultant injuries stemming from the defect.
To establish liability, it will require adequate evidence. One of the most critical pieces of proof is going to be the bike itself or the part that is defective. Everything should be kept as it was after the accident. Nothing should be fixed or altered.
If there was a recall issued on the part or bike, it will be important to obtain that information. This can help establish that the motorcycle was unsafe or that it was reasonable to expect that someone’s injuries might be worse because of the defect.
Testimony from witnesses can sometimes be helpful. It could be a passenger on the bike who can testify to how the bike suddenly started to wobble and the motorcyclist was unable to regain control. Or the driver of another vehicle might have observed the rider attempting to brake and being unable to stop the bike.
Talking with an attorney will not only help determine the cause of an accident, but can also help obtain the evidence that will be necessary to prove it was a manufacturer defect. At Cordisco & Saile LLC, our attorneys are knowledgeable of motorcycle accidents, manufacturer liability, and related legal issues. Don’t delay, as the preservation of evidence is critical. Call us now: 215-642-2335.