Crashes Caused by Motorcycle Defects: What Are My Legal Options?
May is Motorcycle Safety Awareness Month and a good time to remember that motorcycle accidents can cause serious injuries or death and that we all need to do our part to share the roads safely and responsibly.
Another thing to keep in mind is that motorcycle accidents aren’t just caused by another driver’s negligence, some accidents are caused by a defective motorcycle. When a defect is the cause of an accident and injuries, the party responsible for the defect may be held liable.
At Foley Law Firm, our motorcycle accident lawyers help those in Scranton, PA, Stroudsburg, PA, Wilkes-Barre, PA, and neighboring areas understand their legal options for recovering compensation for their injuries.
Types of Motorcycle Defects
Simply put, a defect is when there’s a problem with either the design, manufacturing, or marketing of a product that makes the product dangerous when used as intended. When it comes to motorcycles, a defect may be present in one or more components necessary for the motorcycle to run safely.
When a defect is present in any motorcycle part, it puts the rider at great risk of serious injury or death. A defect can cause a motorcyclist to lose control of their bike, stop unexpectedly, or suffer some other catastrophic problem.
Some types of motorcycle defects that can cause serious accidents include:
- Brake malfunction
- Crack in the motorcycle frame
- Fire caused by a gas tank defect
- Defective tire causing a blown out tire
- Handlebar instability
Motorcycles Defects and Products Liability
A motorcycle defect can cause serious injuries or even fatalities. It’s the responsibility of those involved in the design, manufacturing, and distribution of motorcycles (and any product) to make sure that their products are reasonably safe when used as intended.
When a motorcycle defect has caused an accident and injuries, it may be possible to recover compensation for damages through a products liability claim.
There are different types of products liability claims that may be pursued when seeking damages, including:
- Design defects: A design defect is a when a problem in the design of a product makes it unreasonably dangerous when used as intended.
- Manufacturing defects: A manufacturing defect is when a product defect occurs in the manufacturing process. Using low-quality materials or assembling things incorrectly are possible examples.
- Failure to warn: Failure to warn is when consumers are not adequately instructed on the proper use of a product or properly warned of the possible dangers associated with the product.
- Breach of warranty: A breach of warranty occurs if a product becomes defective while still under warranty.
Holding Responsible Parties Liable
It’s important to speak with an attorney if you suspect your motorcycle accident was caused by a product defect. An attorney can help determine who should be held liable for the defect to help recover compensation for damages such as medical expenses, lost wages, and pain and suffering.
Some parties who may be liable for a products liability claim include:
- The motorcycle manufacturer or company that manufactured a defective part
- The designer of the motorcycle or defective part
- The distributor of the defective motorcycle
Prevent Accidents with Proper Motorcycle Maintenance
Sometimes a motorcycle defect won’t be noticed until an accident occurs but you can do your best to protect yourself by keeping your motorcycle properly maintained and regularly serviced. Following the maintenance schedule outlined in your motorcycle’s owner’s manual is important.
In general, motorcycles should be serviced every 6 months or 4,000 miles (whichever comes first). Tire pressure should be checked at least every month.
Of course, you should have your motorcycle serviced if you notice anything unusual when riding, like unusual noises, poor riding performance, or difficulty breaking.
Contact Foley Law Firm
If you have been injured in a motorcycle accident, it’s important to speak with a motorcycle accident lawyer to learn about your specific legal options. To speak with one of our motorcycle attorneys, we welcome you to schedule a consultation.