Negligent drivers, foul weather, and rider error are some of the most common causes of motorcycle accidents. In some scenarios, though, none of them are to blame. If you are injured and you believe it was due to a part on the motorcycle or a defective tire, call Coxwell & Associates, PLLC. The attorneys at Coxwell & Associates have handled product liability claims of many types, and they understand the need for fast action and good expert assistance.
If you were seriously hurt despite otherwise perfect conditions, the manufacturer of your bike—or one of its components—may be responsible. Product manufacturers have a duty to produce goods that are reasonably safe when used in a reasonable manner. Should a motorcycle or one of its parts have a defect that causes an accident, anyone who is injured as a result may have grounds for a product liability claim. It is not uncommon in automobile cases to have product liability cases involving cars or tires.
To build a successful claim against a motorcycle manufacturer, you will have to prove four primary elements. Read on to learn what these elements are:
1. The Motorcycle Was Properly Maintained
There’s a reason why manufacturers void warranties if consumers fail to adhere to their guidelines, and motorcycles are no exception. If you don’t maintain your motorcycle, malfunctions are likely to occur. To prevent the opposing party from building their defense around this fact, you will have to provide records, receipts, and invoices detailing your bike’s maintenance over the years. Otherwise, a liability dispute is likely to arise.
2. Some Aspect of the Motorcycle Was Defective
There are three main kinds of defects that warrant product liability claims. A design defect is a flaw in the inherent design of an item, a manufacturing defect is an error that arises during production, and an informational defect is an issue with the item’s labeling or warnings.
To build a winning claim against a motorcycle manufacturer, you will have to prove that some component of your bike was, indeed, defective. You may be able to do so using the component in question, the original schematics, and/or deposition from motorcycle engineers.
3. The Defect Caused the Accident
Proving how the defect was the proximate cause of the accident and your injuries is the third element of building a claim against a motorcycle manufacturer. Valuable evidence of causation may include:
- Photographs of the wreckage;
- Eyewitness deposition;
- Dashcam recordings or helmet cam footage;
- The official police report;
- Deposition from an accident reconstruction expert; and
- Medical records.
4. You Suffered an Injury or Loss
Proving damages is the fourth and final element of every successful personal injury claim, including those involving defective products. In the state of Mississippi, potentially recoverable losses include:
- Property damage;
- Alternative transportation;
- Medical bills;
- Lost wages;
- Loss of future earnings;
- Domestic help;
- Home care;
- Child care;
- Pain and suffering;
- Emotional distress;
- Physical impairment;
- Disfigurement;
- Mental anguish; and
- Loss of enjoyment in life.
Call (601) 265-7766 for a Free Consultation with a Jackson Motorcycle Accident Attorney
If you were hurt in a motorcycle accident through no fault of your own, turn to Coxwell & Associates to determine who might be to blame. Whether you have grounds for a claim against another motorist, the municipality, or the manufacturer of your bike, we can help you pursue the compensation you deserve. Call (601) 265-7766 or use our Online Contact Form to set up a free case evaluation with a motorcycle accident lawyer in Jackson.