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Defective NYC Motorcycle Accidents and What to Do
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Due to the lack of extra safety features that a driver inside a car or truck may have, a defective part can have a much more drastic effect on a person riding a motorcycle. There are no airbags, cushioning, or seat belts in a motorcycle, so when a part malfunction occurs, it can easily result in a motorcycle accident and serious injuries or death for the rider. If you are not suing based on a large-scale recall situation for defective parts, it can be a lot more difficult and may require a skilled NY lawyer to be by your side. Call Proner & Proner in New York City today at 212-500-1003 for a free consultation about your defective motorcycle accident case!
Although a mistake can be made at any step in the motorcycle manufacturing process, defective parts usually come from either product design mistakes or errors in the physical production of the product.
Some common examples of motorcycle part manufacturing mistakes include:
Although any part of a motorcycle having a manufacturing problem or defective part can result in a serious motorcycle accident, there are certain parts that tend to result in accidents more often and that are more commonplace.
The most common types of motorcycle defects include:
There have been many major motorcycle recalls over the years by big motorcycle companies who are far from immune to manufacturing errors. Lawsuits regarding publicly announced recalls also tend to be a lot easier to file a claim for due to the clear evidence of defective parts. Often, defective parts are to blame in serious motorcycle accidents when there are no other factors in play to blame.
Fuel system failures have generated some major motorcycle recalls over the years. In 2008, Harley-Davidson recalled over 47,000 of its bikes due to fuel filter shells that easily cracked and caused a decrease in fuel pressure. Kawasaki had an issue the same year, recalling thousands of bikes due to leaky fuel tanks. Fuel system failures are extremely dangerous as they can cause fires and explosions. Changes in pressure can easily cause someone to lose control and crash their motorcycle, as well.
Faulty seat parts were the cause of several other recalls between 2000 and 2005. These are also especially dangerous situations, as a loose seat can easily result in a rider falling off their motorcycle and cause serious injuries or even death. In 2005, Yamaha had to recall 190,000 of their motorbikes due to a faulty rear-mounting bracket. The seats on their motorcycles were actually coming loose and falling off of the bike frame. BMW had a similar issue with adjustable brackets in 2000. The faulty part could have resulted in a loose backrest to the seat and caused balance issues for the rider.
Usually, when a motorcycle ends up in an accident, the bike is severely damaged or completely totaled. Often, insurance companies will attempt to take the damaged motorcycle away for their own analysis, which makes discovering such defects and having a proper case very difficult to achieve. If you are in a motorcycle accident in New York City and believe for any reason that it could have been caused by a defective part, DO NOT let anyone else take your motorbike.
Do what you can to have it taken away by your own lawyers or by road side support. Get it towed to a trusted location for analysis. Unless you actually can provide evidence for a defective part, you will likely have no case.
It is also important to note that these cases can often be difficult because the injured rider is going up against big companies. Unless there was a clearly announced recall due to defective parts, it will be harder to file a claim against the company, and it will probably require an experienced NYC motorcycle accident attorney to take on your case.
The NYC motorcycle crash lawyers of Proner & Proner understand that it can be difficult to gather the proper evidence and find the liable parties for your New York motorcycle accident case. When dealing with a defective motorcycle accident case, you need lawyers who have the connections to gather professional evidence and the skill to prove liability. Call us today at 212-500-1003 or contact us online to get free initial legal counsel on your New York City motorcycle accident case and advisement on the best next steps.
Motorcycle Accident Verdicts & Settlements
We understand motorcyclists because we ride. And we understand that when things go wrong on a motorcycle, often it’s not the motorcyclist’s fault. Here are some of our successes in getting compensation for riders.
Female, 35: Motorcyclist hit by oncoming traffic
Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery
Male, 47: Motorcyclist hit by vehicle
Our client was hit by a car pulling into the roadway.
Injuries: Two broken legs
Male, 52: Wrongful death
Our client was killed in an intersection accident.
Injuries: Wrongful death
Male, 23: Motorcyclist hit by vehicle
Our client was hit by a right turning car.
Injuries: Broken wrist
Male: Motorcyclist hit by vehicle
The defendant made a left turn into the path of our client, who was riding a motorcycle
Injuries: Broken ankle
Male, 36: Motorcyclist hit by vehicle
The defendant’s vehicle collided with our client’s motorcycle.
Injuries: Surgery to the client’s leg, 20 stitches on his right foot
Male, 48: Motorcyclist loss of control
Our client was driving his motorcycle on the BQE and crashed into a HOV lane divider that did not have adequate warnings in front of it.
Injuries: Intracranial skull fracture; multiple facial fractures, multiple rib fractures
Male, 32: Motorcyclist hit by vehicle
Our client was riding his motorcycle when he was cut off by a car making a left hand turn.
Injuries: Fractured right ankle, road rash
Female, 40: Motorcyclist hit by vehicle
Our client was on a motorcycle, about to overtake legally, when a car made a U-turn and stuck the client.
Injuries: Mild traumatic brain injury, compression fracture in spine, permanent scarring
Male, 26: Motorcyclist loss of control
Our client was on his motorcycle where he went over a metal plate which had dirt and gravel on it - causing his bike to slip out from under him.
Injuries: Fractured left ankle requiring surgery
Male, 24: Motorcyclist hit by vehicle
Our client was going straight on through a green light on his motorcycle when he was struck by a car coming from the opposite side making a left turn.
Injuries: Fractured right femur, ruptured testicle that had to be removed
Male, 34: Motorcyclist hit by vehicle
Our client was side swiped by 81-year-old defendant driver.
Injuries: Surgery for carpal tunnel syndrome
Male, 24: Motorcyclist loss of control
Our client laid down his motorcycle after he claimed the car being driven by the defendant went through a stop sign.
Injuries: Shoulder injury
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.