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When a motorcycle contains a defect that leads to an accident, the injured rider might be able to file suit against the manufacturer. In addition to securing compensation, a motorcycle defect lawsuit in Cicero could also lead to a full recall of that model. A trustworthy motorcycle accident attorney could provide guidance on how to handle these claims against a large company.
Many motorcycle companies will fight lawsuits alleging a defect in their product. When the injured party is successful and proves that there was a defective part, that can impact the company and all other models of that motorcycle. If the company is aware of numerous complaints about a defect that puts riders in imminent danger, it could force them to issue a recall even if the federal guidelines do not require it.
A motorcycle manufacturer is under a duty to design and sell a motorcycle which is reasonably safe for its intended purpose. If the company makes a mistake in the design or manufacture, they will be held legally responsible for any injuries sustained.
If a motorcycle rider is aware of a recall and uses the motorcycle regardless, this can have a serious impact on their ability to make a recovery. Not only will it result in a lower monetary recovery, it could actually bar the rider from any recovery at all in a local motorcycle defect lawsuit.
While the term “imminent danger” does not have a specific legal meaning, the general meaning of the phrase is important when analyzing a motorcycle crash case. When faced with imminent danger, the law requires individuals to react in an appropriate manner. The reaction to imminent danger might be reasonable, whereas the same actions might not be reasonable if there were no imminent danger present.
Whenever faced with imminent danger, the rider must act with reasonable care in light of all of the circumstances. If the danger is serious enough, it could result in the motorcyclist being held to a lower standard of care then would have occurred without the imminent danger.
Sometimes defects are not made apparent until there is imminent danger. However, the manufacturer has an obligation to create a safe motorcycle regardless. If a motorcycle defect contributes to an accident, it could force the company to issue a recall.
In most defective motorbike lawsuits in Cicero, a lawyer could hire an expert witness to testify about the defect, which is generally beyond the understanding of the average individual. An accident reconstructionist or other expert is often used in legal cases to explain to the jury why the defect was the cause of the accident and injury.
Even if one expert comes to one conclusion, it is common for the defense team to hire an alternative expert who will reach the opposite conclusion. Ultimately, these types of cases come down to which opinion the jury chooses to accept.
In order to make an economic recovery following a defective motorcycle accident, there are several things which the injured party must prove. First, they must prove that there was a defect in the motorcycle. A motorcycle company will likely fight this assertion. It is not uncommon for the manufacturer to try to blame the injured motorcyclist, and they rarely admit that there was a problem with their product.
Next, they must point to how the defect contributed to the accident itself. Simply having a defect does not mean that the defect contributed to the accident. Finally, the jury may take into consideration what fault the injured rider may have contributed to the accident. Having a defect on their bike does not release the rider from exercising reasonable care.
Vehicle manufacturers have a responsibility to ensure the products that come off the line are safe and reliable. A broken or malfunctioning part can cause a crash with disastrous consequences if it is not identified in time. Schedule a consultation with a lawyer to discuss motorcycle defect lawsuits in Cicero and how you could recoup any losses that you suffered.