If the crash was caused by a defect within the bike or its parts, a manufacturer could hold motorcycle accident claim liability and be held responsible for damages due in a collision. In order to successfully prove liability, however, your motorcycle accident lawyer in Iowa will have to show that the manufacturer was aware of (or should have been aware of) the defects and failed to address them. This will require proper evidence that demonstrates liability.
Evidence that may help prove motorcycle accident claim liability could include:
- physical examinations of the bike;
- testimony from experts;
- product recalls; and
- company information and records regarding the manufacturing, distribution and marketing of the bike.
The manufacturer may try to show that the accident was the fault of the driver, not due to a defect in the bike’s design or production. For example, if you are not wearing a helmet at the time of the accident, the manufacturer may argue that your injuries may not have been as serious had you been wearing a helmet.
Iowa follows a contributory negligence system, so if you are found to be even partially at fault for the accident, you could see your compensation diminished depending on the percentage of fault assigned to you. In fact, if you are found to hold more than 50 percent of the fault, you will be unable to seek damages from the manufacturer or another liable party altogether.
If you have been injured in such an accident, a lawyer can help establish your case and defend you against claims that you are somewhat responsible for your injuries by presenting applicable evidence. Call Walker, Billingsley & Bair at (888) 435-9886 to speak to a motorcycle accident lawyer in Iowa today. Our free eBook, Iowa Consumer’s Guide to Motorcycle Crashes, can offer further information about these types of cases.