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.
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