Learn How to File a Personal Injury Claim Against a Motorcycle Manufacturer in 3 Simple Steps

When someone is involved in a motorcycle accident, there’s no question it can be a scary and overwhelming experience. Sometimes, the at-fault party is clear. It could be the car that pulled out in front of the rider, causing them to crash. Or, it could be the rider who wasn’t paying attention to their surroundings and crashed.

However, what happens if the issue was a defect with the motorcycle? Does the accident victim have any recourse in this situation? This is a good question and one that is answered here.

1. Gather Evidence Supporting the Malfunction

After an accident occurs that is caused by a motorcycle malfunction, it’s a good idea for the accident victim to visit HasnerLaw.com and talk to an attorney about their situation. After this, it is crucial to gather evidence.

For example, was there a police report filed? If so, this is a vital piece of information. Get this document and give it to the attorney handling the case. This is one of the first things that needs to be done after a manufacturer malfunction causes a motorcycle accident.

2. Understand the Criteria that Must be Met

Generally, if a person wants to hold a motorcycle manufacturer liable for a malfunction or defect, there are three things that must be met. First, the individual has to show that the defect was present. It’s also necessary to show that it was something the manufacturer should have foreseen.

The last thing that must be proven is that the defect proximately resulted in the harm that occurred. Someone trying to prove this on their own can be challenging, which is why it is so important to seek legal help.

What happens if the motorcycle was purchased used? This complicates the situation. For example, a previous owner may have resulted in a defect in the motorcycle’s operation.

However, just because the bike was purchased used, it doesn’t eliminate the possibility of holding the manufacturer responsible. It’s just a more complex process.

3. Know What Damages Can be Recovered

There are three basic accident damages that can be received from a motorcycle manufacturer. The first is compensatory damages. These are the straightforward damages that occurred, including lost wages, motorcycle repairs, and medical bills.

Another type of damage is general damages. These are more difficult to show because they are considered more subjective. For example, general damages include things like a loss of quality of life, anxiety, and pain and suffering.

The last damage that may be received is punitive damages. This is sought to punish the party because of their action or lack of action. For example, if the manufacturer knew there were loose fender screws, which caused the fender to rub the tire, reducing the speed and nothing was done about it, punitive damages are possible.

Get Help when Filing for Damages

For motorcycle damages, it’s a good idea to get help from a legal professional who has handled these types of cases in the past. Doing so will give a person a much higher likelihood of a successful outcome.

It’s a good idea to find someone who has worked on this situation in the past, as they will know the laws and requirements related to it. A person can get damages from a motorcycle manufacturer, but it takes time and effort.