Finding out who is liable for your motorcycle accident isn't always as obvious as you would think, especially if no other vehicle was involved. The fact is that there are several different entities that can be at fault, from other drivers on the road to the manufacturers of your equipment. The following guide can help you determine who you need to seek damages from.
While you may not have been hit by another car, that doesn't mean that another driver isn't at fault. For example, if you lost control of your bike to avoid hitting a car that pulled out in front of you, the drive of that car could be to blame. In some cases, the at-fault driver may even be parked. This could occur if an illegally parked car blocked a clear view of you or the intersection, and then this contributed to the accident.
Safety Equipment Failure
If you wear protective gear, you do so to help ensure that you aren't majorly injured in the event of an accident. If the equipment, such as a helmet or protective gloves, fails to perform properly, you may end up with an otherwise avoidable injury. This will fall under the heading of product liability, and your attorney will help you determine if this should be a part of your case. Product liability is only an option if you are actually wearing the gear as recommended by the manufacturer, and it fails to perform up to the specifications of the particular piece of gear. For example, you are wearing a helmet and strapping it on correctly, yet it doesn't provide the impact protection that was specified by the manufacturer, the manufacturer may be at fault.
Bike Performance Issues
This is when the manufacturer of your motorcycle is at fault. This could be because of a failure to issue or notify you of a recall, which then played a contributing factor to the accident. Sometimes the performance issue is with aftermarket or replacement parts. For example, if the tires fail, leading to a dangerous blowout and an accident, the manufacturer of those parts may be at fault.
Perhaps the state or local municipality is to blame for your accident. Failure to repair potholes or to place warnings for uneven pavement can lead to a major accident on a motorcycle, and the city or road department could be to blame. There are usually strict rules when it comes to suing a government entity, so you will need a motorcycle accident attorney available to help you navigate these. For example, you may need to file an accident claim with the city, and you may only be able to proceed with a lawsuit if they fail to honor your claim.
In some cases, multiple parties may be found responsible for your accident, so the only way you can get what you fully deserve is to level a suit against them all. This is where having an attorney on your side can help.
My husband does much of our auto repair work himself. We do all that we can to save a dollar when we can, and doing the repair work saves us a small fortune each year. Unfortunately, all of the money that we have saved over the past 15 years has gone to pay the medical bills that we have accumulated during the last several months after a floor jack failed and dropped our car on top of my husband. A few days after the incident, I contacted an injury attorney. I have created a blog to help others that have been injured due to faulty products find some sort of resolution.