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A motorcycle manufacturer has a duty to design a safe motorcycle for use by the public. In addition to a safe design, a motorcycle manufacturer has the duty to make the product safe for bikers. Either of these two concepts can lead to a lawsuit for a defective motorcycle.
When a business sells a product in the stream of commerce, they warrant that the product is safe for its particular use. This means that if an individual were to misuse the motorcycle, that may be a defense. However, if the motorbike was being used in the normal way and resulted in an accident because of a defect, the manufacturer could be held responsible.
If a recall has been initiated, there is a mechanical problem with the motorcycle. A rider should not use a motorbike that has been subject to recall and has not been repaired or replaced. If an individual uses a motorcycle with actual knowledge of a recall prior to having it fixed, the jury may take that into consideration in determining responsibility in the accident. If an individual is aware of a recall notice, it is important to read and understand what the recall states and whether it is mandatory or discretionary.
If you have been injured in an accident due to a motorcycle manufacturer’s negligence, it is best to reach out to a diligent attorney. A skilled motorcycle accident attorney could help you recover compensation for your damages. The attorney should have experience establishing liability for Oak Lawn motorcycle defects and recalls to help your case.
The duty of all drivers is to exercise reasonable care for the safety of others and themselves. Sometimes, situations can occur that put one or more individuals in imminent danger. If the driver was not responsible for the imminent danger arising, their actions will be judged in light of the emergency. If an accident requires evasive maneuvers, the motorcycle rider may be in imminent danger. Even if they were doing everything safely and properly, a situation may still arise that puts a motorcycle in imminent danger.
If a defect in a motorcycle causes an accident, the defense of imminent danger is not available to the motorcycle manufacturer. The incident would not have occurred but for the defective motorbike, which the manufacturer either designed or built. The imminent danger defense is used when things are unforeseeable and come up suddenly. With a defect on a motorcycle, although it may occur without warning, the defect was present for a period of time, which would make the motorcycle manufacturer legally responsible for the accident.
Following a motorcycle accident, an experienced lawyer will review the case. If the lawyer determines that there was a defect that contributed to the case, then they will contact the motorcycle manufacturer. When there develops a pattern of accidents all stemming from the same defect, it can lead to actions being taken by a motorcycle manufacturer. Once the motorcycle manufacturer is aware of a defect, if they do nothing, it can result in additional damages if someone else is injured. For this reason, a jury may consider other accidents as proof of what the motorcycle manufacturer knew and what steps they failed to take.
If there was no mandatory recall, the motorcycle manufacturer could argue that the federal government never told them to issue a recall. Likewise, if the government requires a recall and someone is subsequently injured, the evidence of that recall can make a case much stronger. A recall on a defective motorcycle will only impact a potential case slightly. This is because even if there is no recall, it does not mean that the motorcycle is safe. Additionally, even if there is a recall, it does not necessarily mean the motorcycle is unsafe. Evidence or lack of evidence of a recall can be considered by the jury when deciding damages.
Whenever there is a motorcycle accident, it is essential to have a thorough investigation. What may first appear to have been an accident may have been the result of a defect in the motorcycle. Having an experienced motorcycle accident lawyer investigate the scene, and the motorcycle is the first step. The motorcycle rider may not even be aware of what caused the accident with their bike. A thorough investigation can reveal defects in the bike, which contributed to the crash.
If a defect is the cause of an accident, there may be other individuals who try to blame the motorcycle operator. They may not be aware that a defect was, in fact, the actual cause of the accident. It may appear as if the motorcycle rider was the one who caused the accident. This is another reason that it is crucial to hire an experienced motorcycle lawyer as soon as possible following an accident. They could establish liability to help the injured claimant recover more compensation for damages.
If there is an accident which was caused by a defect on the motorcycle, a motorcycle accident lawyer is the best person to investigate a possible claim. The motorcycle manufacturer will not agree that their product is defective. Usually, it takes an experienced attorney to convince them that their product was defective and was the cause of the accident.
If the lawyer can prove the motorcycle manufacturer’s liability and show that the defect was the cause of the accident and the injuries, the injured biker could be entitled to compensation for their damages. Damages in a motorcycle accident can include medical bills, pain, and suffering, as well as physical damage to the motorcycle itself. Establishing liability for Oak Lawn motorcycle defects and recalls could be crucial for your case. Schedule a consultation today to get started.