Defective Product Liability: Motorcycles

Posted by Kristen White
8
Jun 16, 2017
173 Views
At times an accident may be caused by a vehicle we are using or more specifically a problem with a part in the vehicle itself. Some examples of lawsuits that have arisen due to problems with motorcycles are defects like: the motorcycle wobbles when driven at high speeds thus causing an accident. In such cases, if the motorcycle or a part in the motorcycle is defective, you may well be eligible for a product liability claim.

There are two main aspects to motorcycle product liability:

1.Defectively manufactured motorcycles or motorcycle parts – this type of claim involves motorcycles or motorcycle parts that have been improperly or defectively manufactured in some way.  Such a defect may be as a result of a mistake made at the manufacturing facility where the motorcycle or part was made, or it may be a problem that happens during shipping or at the dealership or supply store.

2.Motorcycles with an unreasonably dangerous design – this aspect of claims involves motorcycles or motorcycle parts that, despite being properly manufactured, have an unreasonably dangerous design which results in injury or other forms of damage.

In some cases, such defective motorcycles or motorcycle parts may end up being recalled for safety purposes. Such safety recalls may be initiated by the manufacturer of the motorcycle or motorcycle parts or by the National Highway Traffic Safety Administration (NHTSA). Where a safety recall is issued or required, the manufacturer has to take specific steps to notify motorcycle owners and then provide a remedy. In such instances, the remedy is a repair, repurchase or replacement of the motorcycle.

In the event of a motorcycle accident, in order to be able to recover for injury and other losses you must take immediate action. Such actions include the following:
- Take notes – as soon as you can think straight, write down everything you remember about the accident. Include things like what time it happened, how it happened, the weather, people present and any details you can think of.

- Document your injuries and losses – the best way to ensure that your injuries are documented is by telling them to your medical provider. However, endeavor to personally also keep a log of your injuries, aches and pains, treatments, losses (sleep, etc.) or other problems caused by the accident. Be sure to photograph your injuries as soon as possible.

- Go back to the scene of the accident – sometimes by seeing the scene of the accident with fresh eyes, you may be reminded of something that you overlooked. Survey the scene of the accident and look for evidence (skid marks, pieces of broken motorcycle parts). Further, take photographs of the accident scene. Ensure that photographs are taken at the same time of day and on the same day of the week and in the same amount of traffic that the accident occurred.

- Contact witnesses as soon as possible – be sure to get their statements in full.

Motorcycle accident claims are complex and may require that you get legal representation. To do so, start searching for Anchorage attorneys who specialize is product liability claims.

For more information the author recommends the Crowson Law Group
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