Determining the factors that played into your accident can be difficult, which is where a New York motorcycle accident attorney with Gacovino, Lake & Associates can be of assistance. Whether your motorcycle accident involved another vehicle or only your bike, in certain cases manufacturer defects may be to blame.
Types of Motorcycle Defects that May Cause a Motorcycle Accident
When your motorcycle malfunctions because of a manufacturer’s negligence during the design or assembly process it may cause a serious accident. Some examples of defects that may lead to serious injury from a motorcycle accident include:
- brake failure;
- loose components;
- electrical overheating;
- stability errors; and
- tire defects.
These equipment failures may have been due to poor design during the development process or negligent manufacturing during the construction of your bike. In either case, the manufacturer of your motorcycle could be held liable for your injuries if you have the right evidence to support your claim.
Proving Manufacturer Negligence Caused Your Motorcycle Accident
If you believe that equipment failure was to blame for your motorcycle accident you may be able to file a lawsuit against the motorcycle manufacturer. This means your case will be against a large corporation with its own team of legal experts. It’s important to seek the help of a motorcycle accident attorney in your area to give yourself the same advantage of legal guidance during the settlement process.
The evidence necessary for a manufacturer defect claim will rely heavily on the preservation of your motorcycle and conditions of the accident scene. To obtain evidence at the accident scene you may rely on police reports, witness statements and photographs taken at the time of the accident.
Make sure that your motorcycle and all parts are taken to a safe facility for storage while you develop your case. Your motorcycle accident attorney may call in expert witnesses such as mechanics and forensic investigators to analyze the wreckage for manufacturer defects.
Other Liable Parties in a Motorcycle Defect Accident Claim
Your New York motorcycle accident attorney can direct you to other parties who may be liable in your case. This, of course, will depend on the circumstances surrounding the accident. In some situations, another third party may be held accountable for your injuries if their negligence caused you to be harmed in a motorcycle accident.
When a defect is found in a vehicle it is the duty of the manufacturer to comply with the National Highway Traffic Safety Administration (NHTSA) in issuing a recall or repair program for that motorcycle. During a recall, the manufacturer must file a public report and notify owners of their plan to resolve the issue.
Retailers are also notified of the defect and in some cases are told to cease distribution immediately. If the retailer receives notice of a defective model and continues to sell them without providing information about the recall, they could be a negligent party in your injury lawsuit.
Making Sense of Liability in a Motorcycle Defect Case
Because there are several potential parties who may be held accountable for the injuries you or your loved one sustained in a motorcycle accident with a defective bike, you should not proceed without legal counsel. A New York motorcycle accident attorney at Gacovino, Lake & Associates can help piece together the evidence necessary to prove a defective motorcycle caused your accident.
Without the right supporting evidence you could see your claim for damages denied by the insurance companies for lack of proof that your accident was the fault of the manufacturer or another third party. To avoid this delay in obtaining your rightful settlement, talk to an attorney as soon as possible.
Let a New York Motorcycle Accident Attorney Fight for Your Rights
When your bike is found to be defective due to a manufacturer’s negligence in the design or construction of the motorcycle, you may be able to file a claim against them for injuries sustained in your motorcycle accident. The manufacturer of your motorcycle has a duty to make sure their vehicles are free of design flaws and poor construction.
The attorneys at Gacovino Lake & Associates are here to help victims with personal injury claims. For more information on how a New York motorcycle accident attorney can help you, contact us for a FREE consultation – 800-246-HURT (4878).