Liability Claims for Defective Motorcycle Parts
Of course many motorcycle accidents are the result of reckless behavior or negligence, whether on the part of the motorcyclist or the driver of the automobile, but other accidents are caused by defective motorcycle equipment. Because a motorcycle is made up of many complex parts and pieces which work together to ensure your safety, if even one of these pieces is designed improperly, the entire motorcycle can fail.
When this happens, the motorcyclist can lose control of their motorcycle suffering severe or fatal injuries. Tire, brake, and even motorcycle helmet failure are all examples of defective equipment which may have contributed to your serious motorcycle accident. Unfortunately, in the aftermath of an accident, many police reports fail to consider a motorcycle defect as the cause of the accident, leaving you both injured and out of money as the medical bills keep rolling in.
Possible Failure and the Resulting Injuries
Motorcycle accidents are, by their very nature, much more likely to cause serious or fatal injuries than an automobile accident. A motorcyclist is completely unprotected, therefore vulnerable to traumatic brain injury, spinal cord injury, severe road rash, infection, fractures and broken bones. A defective helmet could fail to provide the protection it was intended to, resulting in serious head injuries, or a defect in the brakes could prevent you from stopping in time to avoid an accident. Tire defects can cause a tire blowout or failure at a critical time, causing an accident which would not have happened should the defect not been present.
Liability Claims for Defective Motorcycle Parts
Whether your motorcycle accident was caused by a design or manufacturing defect or the failure by the company to provide sufficient warnings regarding safe use, you may be eligible to bring a strict liability action against the manufacturer of the defective component.
In such a case, a plaintiff must prove that this defective condition was a direct result of the motorcycle manufacturer and that the substandard conditions or parts caused your accident and resulting injuries. Some states will also require that you offer proof that you were using the motorcycle in the manner in which it was intended to be used—that is you were not driving in a reckless or negligent manner which could reasonably have been the cause of the accident rather than the claimed defect.
Motorcycle Recall Information
There are specific recall information and responsibilities on the part of the manufacturers of motorcycle parts and components. Whether a safety recall is instigated by the manufacturer or ordered by the NHTSA due to complaints, the manufacturer is required to file a report which is available to the public and contains the specific safety related defect, how many vehicles or people the defect involves, what event triggered the recall, a thorough description of the proposed remedy and a recall schedule. The manufacturer of a component which has been deemed unsafe must notify all owners of the motorcycles involved. You should be aware that even if you did not receive a recall notice, if your motorcycle was the subject of a safety recall, the manufacturer is required to provide free remedy.
Who Can Help You
If you have been injured in a motorcycle accident, whether those injuries were relatively minor or extensive, and you believe your accident was a direct result of a motorcycle defect you should contact an experienced motorcycle accident attorney at Montlick & Associates immediately. The laws surrounding such defects and recalls can be complex. Our attorneys can examine the facts and circumstances of what happened and advise you on your rights and options.
Put Our Law Firm's Over 36 Years of Legal Experience to Work For Your Accident Claim!
Montlick and Associates, Attorneys at Law, assists victims of Georgia motorcycle accident and other traffic collisions in the Southeast recover compensation for their injuries and losses. This can include monetary compensation for medical bills, lost wages, pain and suffering, punitive damages if the at-fault driver's conduct rose to the level of gross negligence, and more. We strive to achieve the most favorable outcome possible for our clients under the law.
Our law firm has over 36 years of experience in representing car accident victims across Georgia and in the Southeast. Contact us to schedule your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED
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