What is an expert witness in a motorcycle accident claim?

Categorized: Motorcycle Accidents

What is an expert witness in a motorcycle accident claim?

An expert witness is someone who may be called upon in order to help substantiate what caused a motorcycle crash. Oftentimes they are utilized in motorcycle claims where fault needs to be established, whether it’s proving human error or malfunctioning equipment.

Expert witnesses can be laypeople that have life experience, a technician or a practitioner. Also, expert witnesses can be scientists or specialists. Read the following to find out what types of witnesses may be utilized in a motorcycle accident claim in Trenton.

Types of Expert Witnesses That May Be Utilized in a Motorcycle Claim

Accident reconstruction experts can do more than just offer their opinions. Using technology, they provide evidence that shows what type of accident occurred. By examining a variety of factors—such as road conditions, traffic signals, highway design and more—they can provide an overview of what occurred leading up to and during the crash.

Witnesses may have special expertise in detecting defects in parts of a motorcycle. Whether it’s the construction of an entire bike or specific components that are faulty, expert witnesses could help establish a manufacturer’s liability in an accident.

What sets these types of experts apart from others is that they are specifically knowledgeable about the motorcycle and its various parts, including:

  • tires;
  • wheels;
  • suspension;
  • brakes; and
  • chassis.

If there was some type of failure, they could help support a claim that a part was defective and malfunctioned.

Experts are just one way to prove a motorcycle crash was caused by equipment problems. If there was a recall on parts or the bike itself, this could also help establish liability. Safety recalls indicate that the risk of an accident causing injury or death existed.

Liability When a Motorcycle Accident Was Caused by a Defect

Motorcycle claims are oftentimes complicated and may involve more than one party when it comes to liability. Most commonly liable for a defective bike is the manufacturer of either the bike or its parts. The manufacturer is generally responsible for the designing and making of the product, so manufacturers are oftentimes named in a claim.

Middlemen could also be liable in some cases. This may include a wholesaler and/or distributor that was part of the chain of distribution. Retailers, such as motorcycle dealerships, could also be held responsible if it’s determined they sold a defective bike.

It could be that they knew of the defect and failed to correct it. But even if they mistakenly failed to remove it from their inventory, it doesn’t necessarily negate their responsibility.

Securing Legal Representation When a Motorcycle Accident Was Caused by a Defect

Obtaining testimony from expert witnesses is typically done through an attorney. The variety of complex issues that can arise in product liability cases necessitates the need for legal counsel. Especially when there is a dispute as to whether something was wrong with the bike or when someone has been severely or fatally injured.

To learn more about the use of expert witnesses and how it might help a motorcycle claim, contact an attorney from Cordisco & Saile LLC. We will explain your legal rights and the options available. Call us today at 215-642-2335 to set up your consultation.

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