No one should ride a motorcycle unless they know bike safety. There are hidden dangers on the highway, and a cyclist has to ride defensively. It's particularly frightening when the bike has a mechanical failure. A tire blow-out or an engine problem can cause a serious accident. What do you do if an accident occurs due to motorcycle mechanic failure?
Injured on the Road Due to Your Motorcycle Mechanic Failure and Your Options:
Riders are responsible for bike maintenance. Debris accumulates in the engine during regular use. It needs to be removed to ride safely. Further, bikers need to keep the chains lubricated or drive belt clean. Chains that are not lubricated can cause sudden mechanical failure. However, all mechanical defects are not the rider's fault. Consult a Motorcycle Injury Attorney if you suspect the accident occurred due to mechanical failure.
Mechanical failure can be due to a defect. There are several parties that could be to blame for the defect. In any event, the victim needs compensation. After an accident, drivers who are able to should get some information. Get the names and contact numbers of any witnesses.
Take pictures to preserve the evidence. The lawyer will need this to prove your case. The victim must clear four hurdles to have a claim. The victim must have been injured and prove the bike was defective. Additionally, it must be shown the defect caused the injury while the rider was using the bike properly.
The Liable Party
The lawyer investigates to find out the cause of any mechanical failure. In many instances, a defect is caused by human error. For instance, the mechanic who worked on the bike failed to install a part properly.
In most states, mechanics are required to work in accordance with industry standards. If this is the case, the lawyer files a claim against the mechanic's insurer.
The manufacturer may be liable if the bike was manufactured improperly. Likewise, a bike part could have been faulty. An example of a manufacturing defect would be a new tire that has a hole in it. Sometimes, bikes are manufactured properly with a dangerous design.
Unfortunately, vehicles are usually on the market for a while before design defects are found. Additionally, this usually means the whole line of products is defective. Examples include a bike that's designed so a rider easily loses control when going around a curve.
There's also a claim if there was a failure to warn. failure-to-warn claims involve some kind of danger that's present and the owner needs to be warned. An example would be a medication that's sold without a warning about side effects.
The lawyer notifies the responsible party's insurance company. Further, the lawyer lays out how the party was negligent. A lawsuit will be filed if the parties are unable to reach a settlement. Most product liability cases are settled out-of-court. The lawyer makes his case by hiring an expert.
Expert witnesses are key to proving negligence. The expert may be an engineer, medical professional or safety expert. It would be very helpful to find an expert in motorcycle design and manufacturing. It would be a bonus if the expert was well versed in the type of motorcycle mechanic involved in the accident.
Anyone injured in an accident involving a product defect needs a lawyer. The lawyer fights to make sure your rights are protected. Further, they have the expertise to prove the case. It's a mistake to handle a complicated case on your own.