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What Motorcycle Accident Victims Need to Know about Filing a Claim Against the Bike Manufacturer


August 19, 2019

Accident Attorneys for Defective Motorcycle Parts Causing Injury to You

Motorcycles offer to some people an exciting and economical means of transportation.  Yet riders are especially vulnerable to catastrophic injuries because of the limited safety features of a bike.  Even when motorcyclists and other drivers pay attention to the road and exercise safe driving practices, a motorcyclist can still be injured in a crash caused by a defective motorcycle part.  An injured rider can sue a motorcycle manufacturer when a collision occurs because of a defective bike component; this is why injury victims need to be aware of the appropriate legal steps to preserve their claim.

Talk to a Motorcycle Accident Lawyer

The idea of taking on a large corporation that manufactures motorcycles and associated parts can be daunting, which is one of the many reasons why you should seek out a consultation with an experienced motorcycle accident attorney as soon as possible.  Our skilled attorneys can assess the viability of your claim, advise you regarding the next steps that need to be taken on your case and about any evidence that needs to be preserved right away.  In order to preserve your right to compensation and to comply with legal deadlines and other requirements, this consultation should occur promptly.  The attorney can also provide other important information about a wide spectrum of issues that could arise in your case.  For example, you might learn about the following:

Hiring the Right Expert

In a product liability case, a motorcycle injury victim will need to know which part malfunctioned and how that malfunction played a substantial role in causing the accident.  Our law firm will work with experts, such as motorcycle engineering experts or other crash experts in order to seek out professional evaluations so we can persuasively and effectively explain to the insurance company and the at-fault company how the defective part contributed to our client’s accident.  We often conduct research and work with these experts to identify other instances this defect may have contributed to other accidents similar to your own.   We gather and carefully analyze evidence to see if the at-fault company knew of the defect and yet still failed to take adequate steps to make the motorcycle safe for consumers.  Experts also might be needed to establish that you were using the motorcycle or associated part correctly and that it was not altered from its original state prior to the collision.

Determining the Parties Against Who the Claim Should be Pursued

Product liability cases require an investigation to determine all the proper entities or parties against who a claim should be asserted.  While the motorcycle manufacturer will usually be a party in a defective motorcycle claim/lawsuit, businesses involved in the design and manufacturing process, or even installation of the defective part might also be financially responsible for the harm you experienced.  Our highly regarded motorcycle accident attorneys will carefully determine the specific parties that should be involved in your case along with identifying potential insurance coverage of these parties.

Handling Negotiations & Communication with the Insurance Company

The insurance company for the product manufacturer and other parties against whom your claim is filed might try to contact you after your collision.  Discussions between unrepresented accident victims and experienced insurance company adjusters and/or investigators pose a significant risk to your case. These insurance company representatives have no incentive to protect your best interests.  In fact, their interests are to close your case quickly for as little money as possible to save their company money.  In order to do this, the insurance company representative may try to obtain information or statements that compromise the value of your claim from you.  If a motorcycle accident victim retains an attorney, the lawyer will handle communications and negotiations with the liability insurance carrier to shield the victim from unintentional mis-steps that could undermine a viable claim or lawsuit.

Knowing the Law and Complying with Legal Deadlines and Procedural Requirements

The legal process is subject to strict deadlines which sometimes involve complicated procedural requirements.  If you retain a lawyer experienced in motorcycle defect cases, the attorney can file your lawsuit (if a lawsuit becomes necessary) in a timely manner to ensure that your lawsuit does not become barred by the Statute of Limitations for product defect claims.  The lawyer will navigate the litigation process, comply with other applicable deadlines and also negotiate with the insurance company on your behalf while also keeping you updated on your case.  Our attorneys will take the stress from these legal components off of you so that you can focus on healing and taking care of your family.

The law provides that manufacturers of dangerous and defective products should be held accountable if they release a poorly designed or manufactured product into the stream of commerce. Unfortunately, companies are generally driven by pursuing a “bottom line” and many manufacturers whose defective products cause these and other injuries are not stepping up to take responsibility, leaving injury victims with few alternatives other than to bring a legal action against the manufacturer of the product under the legal doctrines of strict liability or general negligence.

  • In a strict liability claim (when state law allows), the consumer is notrequired to show that the manufacturer acted negligently in designing, manufacturing and/or creating warnings about the dangers of the product.  Rather, the focus of the claim is on the product itself and the defective and/or dangerous nature of the product.  Specifically, a plaintiff must prove that the product left the hands of the manufacturer or seller in a defective state, as opposed to having to prove how or why the product came to be defective.      
  • Alternatively, in a negligenceclaim, the consumer alleges that the manufacturer acted below a reasonable standard of care in designing or manufacturing a dangerous product. Often, negligence claims against manufacturers may include failing to provide adequate warnings about the dangers of a particular product. 

Depending on the state where the claim exists, a plaintiff can assert one or both of the above-types of claims when pursuing an injury claim arising out of a defective product.

Put Our Law Firm's Over 35 Years Of Legal Experience To Work For Your Case!

If you have been injured by any type of accident caused by someone else's negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. With 35 years of experience in handling all types of personal injury cases and a team of attorneys and affiliated co-counsel in various states, you can rest easy and focus on getting your life back in order if we handle your case.*  

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at Montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.