Motorcycle accidents can be terrifying, and nothing is scarier than when a bike unexpectedly malfunctions. If you've recently been injured in a motorcycle accident as a result of a defective part, you don't have to accept your medical bills and lost wages all on your own. With a good lawyer, it's possible to recover damages against the person or company who failed to inform you about the hidden danger of riding your new bike.
Establishing A Link Between The Defect And Your Injuries
Sometimes, the cause of an accident is cut-and-dried, but this isn't always how things work out. If your accident was complicated by other drivers being involved, you might have trouble proving that the original problem was a defect in the bike. You'll also have difficulty showing that your injuries were caused by the failure of this part, rather than by the other factors involved in the accident.
In order to prove a problem with the motorcycle, you'll need a lawyer who can help you root out evidence in your favor. Coming through old maintenance receipts and interviewing your mechanic may help corroborate your story. You may also need to recruit a forensic expert, vehicle engineer, and medical expert to your case. These professionals can look at the details of the crash and your bike in order to piece together which part must have caused your injuries and what exactly happened.
Seeking Damages From The Manufacturer
If your motorcycle was new or you have reason to believe the flaw originated in a factory part, you'll need to go to the manufacturer for damages. Manufacturers can be held accountable for defective parts if you can show that the issue was with the design of the part, or that the manufacturer must have known about the defect and failed to warn customers. The manufacturer must also have never issued a recall for the defective part.
Your expert witnesses can help you do this by giving statements about the severity of the defect and whether or not the manufacturer should have known about the issue. You can also examine other motorcycle models like yours in order to find out if the defect is a widespread issue. Finding other vehicles with the same issue will greatly strengthen your case.
When you present strong evidence in favor of a dangerous factory defect, expect to be offered a settlement by the manufacturer's lawyers. You'll likely be offered decreased sum of money to drop your case, but this may save you money in long-term legal fees. Your lawyer can help you decide optimal settlement terms, if you choose to avoid a protracted court battle.
Pursuing The Previous Owner
Aftermarket modifications to a bike can also prove dangerous, but you can't hold the manufacturer accountable when one of these parts fails and injures you. Instead, you have to assess whether a previous owner knew the risk of adding that part to the bike. Undisclosed previous accidents can also cause a vehicle to suddenly fail if damaged parts were not adequately repaired.
In order to pursue a previous owner for damages, you'll need to show that he or she knew the bike was potentially dangerous and did not tell you at the time of purchase. You'll also have to show that there was no way for you to have found out during the normal research stage of the buy. Talk to the motorcycle's original dealer or previous owners before the one you bought it from. They can hopefully shed some light on whether any parts were replaced or changed by the person who sold you the bike.
Like manufacturers, individual owners will usually try to settle if you have a good case against them. It may be difficult to recover the full amount owed, however, especially if you have significant medical bills. Talk to a motorcycle accident lawyer about ways to ensure that you settle for as much of the damages as possible, if you choose to settle your dispute out of court.
Being injured in a motorcycle accident can be life-changing, but you don't have to let it knock you flat financially. Talk to an accident lawyer about your suspicions, and you may be able to recover damages from the party responsible for your injuries.
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