Sometimes motorcycle accidents have nothing to do with a motorist. A defective motorcycle part can cause an accident as well. If you should suffer an injury because of a defective part, you do have options.
Who Is To Blame for Accidents Caused By a Defective Motorcycle Part?
When a defective part causes an accident or injury, every party, from distributor to manufacturer, can have some liability. This is a basic tenet of product liability law.
For example, if your brakes failed because of a product defect, then the manufacturer of those brakes is to blame. The distributor may also hold some blame if, for instance, they failed to run their own quality checks on the brakes.
The brake installer may have some blame as well if the defect was an obvious one but the brakes were installed anyway. Even if it’s found you didn’t do your due diligence by testing the brakes before hitting the road, you won’t bear all the responsibility.
Proving a Defective Part Caused an Accident
Knowing a defective part is the cause of an accident doesn’t mean it’s easy to prove. Many factors come into play when you attempt to press a lawsuit against a third-party such as a manufacturer.
Occasionally, discovering a defective part will occur during the investigation of the accident. Unfortunately, it doesn’t always work that way and you will have to prove a defective part caused the accident. Consider these questions, because your opposition will certainly try to use them against you.
Maintenance – Can you say the part was defective when you got it, or was it defective because you didn’t maintain it properly?
Recalls – Did you check to see if there was a safety recall? Were you notified, but you ignored the notification?
Sourcing – Did you purchase the part from a reputable or recommended dealer? Is it an aftermarket part not specifically designed for your bike?
These are just some of the things that will come up with the goal of ruining your credibility.
You Will Need Help
These types of cases are difficult because it’s often hard to prove a defect caused an accident, rather than your own negligence. A motorcycle accident attorney will know how to:
- deal with the insurance company’s questions
- prove beyond doubt a defect was to blame
If you have even the slightest suspicion that a defective part caused your motorcycle accident, bring it up with a motorcycle accident attorney as soon as possible.more info
When you are injured in a car accident this may lead to doctor bills and missed work. Fortunately, you can get compensated for this money by the other driver’s insurance if the accident was the other driver’s fault. The first thing you should do is to hire an auto accident attorney, and make sure you have the two things listed below to take with you to your first visit with the attorney.
Make sure you get a copy of the police report from officer that came to the accident scene. This is an official legal record of how the accident happened and whose fault it was. The officer can determine the cause of the accident by observing the scene, such as how the cars are facing, the type of damage to the cars, and the tread marks in the road. They include these observations in their police report. The officer will talk to the other driver to get their account of the accident, and they will include what the driver says in the police report. What the other driver told the officer could help you establish that the accident was not your fault.
If you have your smartphone with you, you need to take photographs of the accident scene. These photographs can be of great help to your accident attorney. The police may have not taken any pictures at all to include in their police report. The photos will show the position of each car during the impact, the time of the accident, the weather conditions, and the damage done to each vehicle.
If you are at the wreck scene and have no way to take photographs, contact an auto accident attorney quickly. They can have someone come to the scene to take these pictures for you. This person will also be knowledgeable in the types of photographs the attorney will need. For example, you may not consider taking pictures of the tread marks. You should also try to get a picture of the other driver if they are freely walking around showing no signs of injury. This can help you if they are claiming they were injured, such as whiplash.
These are just two ways you can prove that you are injured due to the car accident. Your accident attorney can help you get everything together that you need so you can win your case.more info
If you are involved in a car accident, there are multiple ways that your cell phone may be able to help you win the compensation that you deserve through a personal injury case. Here are a few things that you shouldn’t do with your cell phone while still at the scene of an accident:
Photograph the scene.
Most cell phones have a camera function. Thus, you can use your phone to take pictures of the scene of the accident. These pictures can serve as a record of the event.
If taken properly, the pictures can display the weather during the event, the positioning of the cars after the accident and even the location of street signs or traffic lights in relation to the location of the collision.
You can even photograph the license plate of the vehicles involved along with the damages incurred by each car or truck. This can help substantiate any claims of property damage concerning your vehicle.
You can record the contact information of witnesses.
You can also use your cell phone to record the contact information of witnesses that are present at the accident scene. You can enter the information using a notepad on your phone or you can text or send an email to yourself with the names, phone numbers and other information that can be used to contact the witnesses in the future.
You can record a statement.
After a substantial amount of time passes, you may not clearly recall all of the information concerning the event. However, if you record everything that you recollect concerning the accident and how it occurred while you are still at the accident scene, you are less likely to forget important components of the event.
You can even record statements from the witnesses at the scene of the accident. These statements may later be used as official evidence of what transpired during the incident.
You can call a personal injury attorney.
While you are still at the scene of the accident, you can contact the office of a personal injury attorney to schedule a consultation. Many personal injury attorneys offer free initial consultations to potential clients.
If you are injured in an automotive accident, it is important to have legal representation. Being represented by a competent personal injury attorney can help ensure that you receive maximum compensation for your injuries. Schedule a consultation with a personal injury lawyer like one from Gartner Law Firm in your area.more info