Between 2001 and 2008, over 34,000 motorcyclists were killed in traffic accidents and another 1,222,000 went to the emergency room for non-fatal injuries, according to statistics compiled by the Centers for Disease Control and Prevention.
While some of these accidents can be attributed to poor driving skills, weather-related factors, or the negligence of other drivers on the road, others can be attributed to motorcycle defects, for which a manufacturer might be liable.
Holding the Manufacturer Liable for Your Injuries
If you suffered a motorcycle-related injury because of what you believe is a bike or part defect, or even a defect in your safety gear, you may be able to file a claim against the manufacturer to recover damages such as:
- medical bills;
- lost wages; and
pain and suffering.
Injured bikers can hold negligent manufactures who knew of a defect or should have known about it liable for their injuries, but some claims may be based on strict liability. Strict liability holds manufacturers liable for injuries that their products cause: claimants do not have to demonstrate negligence.
Some of the defective motorcycle parts that can increase the risk of crash include:
- malfunctioning brake pads, leading to brake failure;
- defective tires that cause blowouts; and
- engine failure resulting in sudden stalls.
Proving Your Case against the Manufacturer
In order to successfully prove your case and receive a settlement for your injuries, you’ll need to present adequate evidence. Claimants can work with an attorney to build your case, collect evidence, and present it to the courts in such a way that demonstrates the manufacturer’s liability.
Some of the evidence you can use includes:
- photos of the motorcycle;
- the actual parts of the bike;
- expert witness testimonies from mechanics, accident reconstructionists, and parts specialists; and
- product recall information.
How to File a Claim or Lawsuit against a Manufacturer
If you’ve been injured because of your bike’s malfunction, the first thing you’ll want to do is contact a local attorney. There’ll be paperwork to draw up, a period of discovery, and evidence to collect. You and your attorney can discuss the facts of the case, calculate your damages, construct the case to demonstrate the manufacturer’s fault, and then push for the best possible outcome.
You’ll also find a lot of helpful information on filing a motorcycle claim from our free book, Iowa Consumer’s Guide to Motorcycle Crashes. In it, we discuss how motorcycle laws work in an easy-to-understand format and answer common questions people having when filing a claim.
Consulting Motorcycle Accident Attorneys in Des Moines
To discuss your case with an attorney, call Walker, Billingsley & Bair in Des Moines for a FREE legal consultation at (888) 435-9886. We can review the specifics of your case, determine if the manufacturer can in fact be held liable, and then help you pursue any compensation to which you’re entitled.