Motorcycle Accidents Caused by Defective Bike Parts
Delaware injury attorneys with more than 100 years of combined legal experience helping injured clients in and around Seaford, Wilmington, and Newark
You can operate your bike in the safest manner possible and follow all of the rules of the road, but if your motorcycle has defective parts there is not much you can do to prevent an accident. Given the fact that most motor vehicle accident occur because of some form of driver error, if the mechanical defect is not readily apparent, the rider could end up being blamed for the accident. At Silverman, McDonald & Friedman, we help protect our clients’ families and futures after they have suffered a serious injury as a result of a defective bike part. Our Delaware motorcycle accident lawyers maintain offices throughout the state, in Newark, Seaford and Wilmington, so we are always close by when you need us.
Defective motorcycle parts that can lead to a crash
Any of the mechanical parts of a motorcycle could potentially be defective, but some parts are more critical than others when it comes to the safe operation of the bike. Motorcycle parts that have been defective in the past may include parts such as:
- Faulty brakes. If a rider is not able to stop their bike quickly and when they need to this could cause them to get into a dangerous crash
- Defective tires. Tires are a critical safety component on any motor vehicle, but on a motorcycle, which is prone to slipping and skidding, or when a blowout can cause grave injuries to the rider, defective tires can create a huge problem.
- Defective handlebars. A handlebar manufacturer issued a recall of thousands of handlebars after a rider received serious injuries in a crash caused by cracked handlebars.
- Faulty helmet. If a biker is involved in an accident and their helmet fails due to a product defect, they may be able to take legal action against the helmet’s manufacturer as well as the retailer where they purchased it.
- Faulty fuel tanks. The National Highway Traffic Safety Administration (NHTSA) issued a recall notice in 2014 for a major brand of motorcycle because of a defective fuel tank that gave false readings of the level of fuel in the tank, which can cause the rider to run out of fuel despite the fuel rang indicator showing that there was still fuel in the tank.
- Engine failure. If a defect in the engine causes it to stall out and fail, it can cause the rider to crash if this occurs while the bike is in motion.
Manufacturer’s recall of defective or dangerous motorcycle parts
The National Highway Transportation Safety Administration (NHTSA) has made it easier to find out if a vehicle has been recalled. They have created a searchable database that tracks recalls, and it can also tell you if a recalled vehicle has or has not been repaired because of a recall in the last 15 years. Just type in your motorcycle’s VIN number and if there is a recall on the bike or any related parts you will receive the information you need to contact the manufacturer or the dealer. An injured motorcycle rider can take legal action when they are injured whether or not the part or the vehicle is part of a manufacturer’s recall.
Considering a products liability lawsuit
Defective motorcycles can cause accidents and injuries. If you are riding a bike that might be prone to engine failure, or if you are riding on tires that could blowout because of tread separation you could end up causing an accident if the malfunction should occur while you are traveling along the road. When you have been injured due to a defective product, you might consider a products liability lawsuit against the product manufacturer and every other party throughout the chain of commerce down to the retailer. In Delaware, there is a statute of limitations of three years in which you may file a personal injury lawsuit.
The lawsuit might be based on a design defect, the defective manufacture of the product, or in failure to warn of the potential danger in an inherently dangerous product. In a products liability claim, the plaintiff, who is the injured motorcycle rider, holds the manufacturer liable when their injury in an accident can be linked to a product defect. Product manufacturers have a legal obligation to sell products that have been tested and proven to be safe. When they breach that duty, the end consumer can hold them legally liable when they are injured.
A products liability claim can be complicated, but the basic issue is that the plaintiff must prove that the product defect caused their injuries. For their part, the burden is on the manufacturer to prove that their product was not defective.
What types of damages are available in a products liability lawsuit?
If you have been injured in a motorcycle accident, you may seek damages in a lawsuit intended to compensate you for your injuries and other economic and non-economic losses. An injured person may recover:
- Medical expenses past and future related to the accident injury
- Pain and suffering
- Lost wages
- Any diminished earning capacity as a result of the injury
The competent Delaware motorcycle accident attorneys at the law firm of Silverman, McDonald & Friedman have helped clients recover compensation when they have been injured due to an accident caused by defective motorcycle parts or safety equipment. They are prepared to put their more than 100 years of combined legal experience to work on your behalf. You do not have to worry about how you will be able to afford an attorney because they take accident cases on a contingency fee basis, which means that you do not pay an attorney’s fees until they win compensation for you.
Contact our skilled motorcycle accident attorneys to schedule a consultation today
When you or a loved one has been injured in a motorcycle accident caused by defective bike parts, you have many questions and concerns. The legal team at Silverman, McDonald & Friedman has the answers you are looking for along with a commitment to seek the maximum compensation possible for you. You may fill out our contact form, or call us at 302-888-2900 to explore your legal options. We bring competent legal representation to our clients throughout Delaware. We have offices in Wilmington, Seaford, and Newark.