Motorcycle Accident Attorneys – Talking About Motorcycle Product Liability
Sometimes, a motorcycle accident is not the fault of alcohol or negligent actions on the part of another driver. It’s possible that an accident can be caused by poor maintenance or product defects. Most people are used to seeing recall notices for passenger cars to fix minor problems. However, most people who deal with motorcycles know that when something goes wrong with a motorcycle, it goes very wrong. Due to the nature of the mechanics involved, a motorcycle is a very precarious vehicle. There is a lot of weight resting on two wheels that must remain balanced. It requires a skilled rider and a perfectly working machine to remain upright. When a part on a passenger car fails, it is often possible for the rider to carefully coast to the side of the road, resulting in little more than a bit of inconvenience. However, when any part on a motorcycle fails, it may quickly result in the rider losing control of the motorcycle, which can lead to catastrophic injuries. In this case, the manufacturer of the defective part may be held accountable for the damages suffered by the victim. More information here @
Motorcycle Product Liability
Knowing how catastrophic the results of a defective part can be, most motorcycle manufacturers are responsible organizations that work hard to ensure the safety of the vehicles they are producing. However, in some cases, poor design or engineering may result in motorcycles that are sold with inherent flaws. More commonly, motorcycles may be manufactured in such a way that a vital component fails once it encounters the real world stresses that are an inherent part of their intended use. At every point in the manufacturing of a motorcycle, it is necessary that care be taken to ensure all parts are properly assembled. Otherwise, a catastrophic failure can result. In Texas, if such a failure causes injury or death, the victims can file a product liability claim. That is, they can seek compensation from the manufacturer (or in some cases, several manufacturers).
Investigating and filing a product liability claim can be an extremely complex matter. What may seem like adequate evidence to the average person may not hold up in a court of law. Not only do you have to prove that the failure of a certain part caused the accident, you have to prove that the part failed due to a defect that was a result of negligence on the part of the manufacturer. A qualified engineer will need to thoroughly examine the evidence in order to evaluate the cause of the accident and assemble a report for use in court. Furthermore, it is necessary to ensure that the motorcycle and all parts are stored in a way that allows them to be used as evidence at trial.
In most cases, when product liability cases fail, it happens because the evidence that justifies their claim was not adequately catalogued and preserved. It’s just not possible for a non-attorney to be able to know every single procedural issue that needs to be addressed. Even many attorneys are not qualified to handle product liability cases. Remember, you will be trying to get a large sum of money from a large business. That business will hire well-paid attorneys who will work hard to protect its interests. It’s extremely important that you have a qualified attorney in your corner to give your case the best possible chance of success.
Motorcycle Maintenance and Misrepresentation of Condition
If a professional service shop fails to provide proper maintenance, this can lead to equipment failure and ultimately to serious injury. Once again, recall that a passenger car can limp along with a surprising amount of damage. However, when a motorcycle part malfunctions due to shoddy maintenance, the result can easily be a catastrophic accident leading to the severe injury or even death of the driver and passengers. Although many motorcycle repair shops are trustworthy, it’s a sad fact that there are some motorcycle repair shops who hire unqualified technicians, either through ignorance or an effort to save money. If an oversight by such a mechanic causes a catastrophic failure leading to injury, the repair shop who hired them may be held accountable for the resulting damages.
In rare cases, it may not even be an oversight that caused the issue. Some private sellers or dealers may knowingly sell a motorcycle in poor condition. A few unscrupulous individuals will even go so far as to hide the extent to the poor condition in order to make a few more bucks. These actions are considered illegal according to the Deceptive Trade Practices Act, but more importantly, knowingly hiding the poor condition of a motorcycle can easily result in the death of the buyer. If that happens, the dealership who sold the motorcycle should be held accountable for their negligence. Furthermore, if it can be proven that they were intentionally deceptive concerning the state of the motorcycle, a judge may also order punitive damages. More information from our Motorcycle Accident Attorneys here @ https://caraccidentattorneysa.com/motorcycle-accident-attorney-austin/