It seems over the years that the amount of recalls for motorcycles have been much higher than for cars and that statistic has in fact been true. Motorcycle recalls have far exceeded recalls for cars. In proving that the defect was the cause of the accident our focus must be on the type of defect that your motorcycle suffered from and if that defect was instrumental in causing your accident and resulting injury.
A defective motorcycle part would fall under what is known as a Product Liability case. Product Liability cases are based on varying legal theories. The one that is generally the focus in these type of cases assumes that there was negligence on the part of the manufacturer in the manufacturing process or designing a part on the cycle or failing to warn the owner of the defect (like a recall notice).
A defect in the manufacturing process assumes that the part we are talking about was correct for its intended use but there was some goof up made during the manufacturing or assembly stage.
The second type of defect assumes that the part as designed was flawed and that flaw was fatal to its use and gave rise to a safety issue that gave rise to your accident.
A failure to warn claim is just what it sounds like: that the manufacturer knew more than it told the public or that it did not give enough information or instructions for the use of a product. Have you ever seen those little warnings on all types of products? Especially toys with little parts “not intended for children under 3?” Those warnings undoubtedly were born out of this kind of lawsuit.
Motorcycles do not provide the same amount of protection to a driver or passenger than a car or truck. That is obvious to everyone. And also obvious is that a motorcyclist can suffer greater injuries in a crash that those that are protected in a car or truck. Quite often people assume that if a cycle is involved in an accident it was due to the reckless driving of the operator. That is why it is very important in a motorcycle accident case to preserve the cycle – that may mean not fixing it right away – so that it can be gone over with a fine tooth comb by our experts who can determine if the cause of the accident was the defective part.
The defendant’s in the lawsuit will try and claim that it was the carelessness of the operator that caused or at least contributed to the accident and resulting injuries. Again, everyone thinks a motorcycle driver takes greater risks than the operator of a car or truck. But we here at the Platta Law Firm do not make that assumption. We investigate every aspect of the accident and leave no stone unturned in prosecuting your claim. Call us. We are here to help.