Because motorcyclists are more prone to sustaining severe personal injury or death than automobile or commercial truck drivers when involved in an accident, it is imperative that motorcyclists take precautions to ensure their safety. These precautions may include wearing a helmet and protective apparel, riding at a safe rate of speed, performing regular and proper maintenance of their motorcycles, and abstaining from riding if they have been imbibing in alcohol. However, even if motorcyclists take all of the above safety precautions, they still may be involved in an accident. One reason that motorcyclists get into accidents despite taking proper safety measures is because there may be a defect in the manufacturing of the motorcycle, which causes the motorcycle to malfunction. If this is the case, then injured motorcyclists may bring successful personal injury lawsuits against the motorcycle’s manufacturer.
Types of Defects Leading to Manufacturer Liability
When a motorcycle is defective and the defect causes an accident, manufacturers may be held liable for the injuries that derive from the accident if the injured person can prove that said defect is one of three types of defects:
- A design defect
- A manufacturer defect
- A marketing defect
A design defect is a defect that is present in all of the same make and model motorcycle that the manufacturer produces. Essentially, if there is a fundamental flaw in the design motorcycle itself, then there exists a design defect. Examples of design defects that have been found in motorcycles before include inadequately sized throttle cables and/or swingarm and suspension designs, which cause the motorcycle to excessively wobble while being driven at high rates of speed.
A manufacturer defect is more common to find in a motorcycle. This type of defect means that there was not a problem with the whole of the same make and model of motorcycle. Rather, a manufacturer defect exists if one motorcycle of the whole line is built with a defective part or is constructed improperly.
A marketing defect, on the other hand, occurs when the manufacturer either fails to adequately warn of the dangers of a product. While this is somewhat hard to prove in a motorcycle personal injury case because motorcycles are typically considered an “inherently dangerous” product, a manufacturer can be held liable for a motorcycle accident in some cases if they fail to warn consumers of an inherent danger in the motorcycle and an accident results.
Proving the Rest of the Case Against the Manufacturer
Once you have proven that one of the above defects existed in the motorcycle involved in the accident, you must also prove that other things occurred to hold the manufacturer liable for the injuries resulting from the accident. For example, even if a defect exists, it does not necessarily mean that the defect was the cause of the accident. Accordingly, to hold the manufacturer liable for the accident, you must prove that it is more probable than not that the defect was the reason for the crash. To do this, it is important that you obtain the services of reconstruction experts and motorcycle manufacturing experts. These experts can prove that your own conduct in driving the motorcycle was not the cause of the accident and also that the defect in the motorcycle could have caused the type of injury the motorcyclist sustained. Furthermore, you must also prove that the injured motorcyclist sustained actual damages in the crash. This can be done by keeping any medical bills you accrue as a result of getting treatment for your injuries and maintaining records provided to you be the physician that treats your injuries.
Contact a New York City Personal Injury Lawyer to Discuss Your Motorcycle Accident Case in New York
Did you or a loved one sustain serious injuries due to a motorcycle accident in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Proner & Proner Attorneys At Law represent clients injured because of motorcycle accidents in Manhattan, Brooklyn, Queens, the Bronx, and throughout New York. Call 212.500.1003 or email us to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503, New York, NY 10165, as well as offices in Forest Hills, Brooklyn, the Bronx, and Bethel, Connecticut.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.