Defective Motorcycle Accidents
Motorcycle accidents are more likely to lead to injury or death than car accidents, with 5,286 people dying in motorcycle accidents in 2016 alone. A defective motorcycle can exacerbate an already dangerous situation making a crash more likely and more likely to lead to injury. Since motorcycles have less components than an automobile, a failure of any one component is more likely to lead to the loss of operation of the motorcycle.
When a motorcycle accident is caused by a defect in the motorcycle or one of its components, it is important to determine the reason for the failure and who is responsible for the failure. Many parties along the chain of production and maintenance schedule may be responsible, and the it's important for victims to have their case reviewed by an experienced lawyer. To schedule a free case evaluation with one of our lawyers, call Slappey & Sadd today at 888-474-9616 or contact us online.Motorcycle Accident Injuries
Since motorcycles have less safety features and generally offer less protection to the driver than an automobile, motorcycle accidents can lead to graver injuries than car accidents and can often lead to death. The following types of injuries are common in a motorcycle accident:
- Broken Bones
- Spinal Injuries and Paralysis
- Cuts and Blood Loss
- Loss of Limbs
It is necessary to document every injury or symptom that you experience after a motorcycle accident. It is often recommended to go to a doctor for a full evaluation to ensure that there are no latent injuries and so that you may document the full extent of your injuries from the motorcycle accident.Determining Whether a Defect Exists
If you are in a motorcycle accident and you believe the accident was due to a defective component, it is important to determine which component was defective and why it was defective. Preserve the motorcycle in its current state rather than having it repaired or scrapped. That way an experienced motorcycle mechanic can inspect the motorcycle for any apparent defective components. It may also be helpful to review a history of the motorcycle and whether any other motorcyclists have experienced similar symptoms of a defective motorcycle component. If a component on the motorcycle appears to be defective, determine whether the component was an original (OEM) component or whether it was added on later (after-market) or as part of a subsequent repair. This is an important distinction when determining which party or parties are liable for the accident.The Liable Parties to a Defective Motorcycle Accident
The following parties may share liability for a defective motorcycle accident:
- Motorcycle Manufacturer. The manufacturer of the motorcycle may be responsible if an original component on the motorcycle failed due to a design flaw.
- Motorcycle Dealer. The dealer or dealership who sold you the motorcycle may be responsible if the original motorcycle manufacturer created a defective product that the dealer then sold.
- After-Market Parts Manufacturer. If your motorcycle had after-market parts installed and one of those after-market components failed, then the manufacturer of those parts can be held liable.
- Motorcycle Mechanic. If you had your motorcycle serviced by a mechanic and the mechanic installed the component that failed, then the mechanic may also share in the liability. Or if the mechanic improperly installed the component or damaged a component while repairing the motorcycle then liability may also be assigned to the mechanic.
Just because a motorcycle component fails does not mean it caused the accident. Ultimately the parties involved will want causation demonstrated. This means that it must be shown that the defective part caused the accident. Another way to think about it is that if the part was not defective, would the accident still haven taken place? If the answer is no, then it can be shown that the defective part did cause the accident. However, there is still the possibility of comparative fault. For instance, if there was a defective component, but you were also driving the motorcycle in an unsafe manner or illegal manner, then that may have contributed to the accident and your claim against the manufacturer of the component will be reduced accordingly. There may be multiple causes to an accident, and it is important that you determine with your attorney which causes are significant.Settling a Defective Motorcycle Accident
If you have been involved in an accident involving a defective motorcycle, you may be presented with an opportunity to settle the case before going to court. Sometimes this makes sense, but sometimes settlement does not fully compensate you for your loss. When approached with a settlement offer, you will want to discuss it with an experienced settlement attorney, such as the attorneys at Slappey & Sadd, LLC. We have settled many motorcycle accident claims and understand the average settlement value versus the average value received if taken to trial. If a settlement is in your best interests, we will ensure that the settlement agreement is fair to you and compensates you for your loss. If you choose not to settle, we will be with you every step of the way to litigate your case in court and seek a jury trial so that your peers can determine whether the motorcycle manufacturer is at fault for the accident or not.Contact the Georgia Defective Motorcycle Accident Attorneys at Slappey & Sadd Today
If you have been injured in a motorcycle accident which resulted from a defective component, or if a loved one of yours was killed due to a defective motorcycle, then it is crucial that you speak with a personal injury attorney to evaluate who is liable for the injury or death and how you can be made whole. The Georgia personal injury attorneys at Slappey & Sadd, LLC will meet with you to evaluate your case, review your medical records, review your vehicle records and the traffic report, and determine whether you have a cause of action against the motorcycle manufacturer. If we determine you do have a cause of action, we can assist you in bringing a claim against the manufacturer for damages with the expectation that a settlement may occur or that we may bring the matter to trial. If you have been injured due to a defective motorcycle, call the attorneys at Slappey & Sadd, LLC today at 404-255-6677 or contact us online.