A young driver needed a lawyer after he got into a Motorcycle Accident in New York. His motorcycle was towed to a repair shop. Repairmen told him that there was a recall notice on a part. It seems over the years that the number of recalls for motorcycles has been much higher than 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.
He retained a Platta Law Firm lawyer that successfully resolved his Motorcycle Accident case in New York. A defective motorcycle part will fall under Product Liability case. Product Liability cases are based on varying legal theories. The one that is the focus in these cases assumes that there was negligence on the part of the manufacturer. Either in the manufacturing process, 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 is correct for its intended use but there is some goof-up made during the manufacturing or assembly stage.
The second defect assumes that the part was flawed and was fatal to its use, giving rise to safety issues. A failure to warn claim is just what it sounds like. 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 as a car or truck. That is obvious to everyone. And also obvious is that a motorcyclist can suffer greater injuries in a crash than those that are protected in a car. You will need a dedicated motorcycle accident lawyer in New York. Quite often people assume that if a cycle’s owner is involves themselves 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 of the motorcycle 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. The Platta Law Firm lawyers never make that assumption. We investigate every aspect of the accident and leave no stone un-turned in prosecuting your claim. We have a veteran team of lawyers that have successfully litigated Motorcycle Accidents in New York. Contact us if you suffered a motorcycle accident.