A Vancouver motorcycle accident attorney can explain that while many motorcycle accidents are caused by the negligence of one of the drivers involved in the accident, this is not always the case. Sometimes a defective product is to blame. When a product defect causes a motorcycle accident, the injured party may choose to pursue the party responsible for the defect in order to receive compensation for the damages that he or she has suffered.
Examples of Motorcycle Product Defects
Any number of defects can cause a motorcycle to be defective. The tires may not be safe against the common road hazards that motorcyclists face. The motorcycle may have a design defect that causes it to wobble when it reaches higher speeds. The design may make it more likely that a driver will lose control of the vehicle. If the motorcycle or a part on the motorcycle is defective, the injured victim may have a product liability claim.
Types of Defective Product Claims
A Vancouver motorcycle accident attorney can explain that there are generally three types of product defect claims. The first is a defectively manufactured part. The second is a design defect. The third is a warning defect. In most motorcycle accident claims that allege a product defect, the first two theories are used.
In this type of claim, the victim alleges that the motorcycle or a part has been improperly manufactured in some manner. A machine in the assembly may have miscalculated the specifications of a part or another error in the manufacturing process may have been made. This type of defect can also arise during transit of the motorcycle or part or at the dealership or retail outlet.
With this type of legal claim, the plaintiff alleges that something was inherently wrong about the motorcycle or part. The manufacturer may have followed the design perfectly and had no defects in the manufacturing process. However, the original design may be unreasonably dangerous, causing injury or other damages.
In some instances, the defective motorcycle or part is incorporated into a safety recall. Some safety recalls are initiated by the original manufacturer. Others are imposed by the National Highway Traffic Safety Administration. If a recall is issued, the manufacturer has very specific legal duties. This includes a procedure to provide notification of the owners of the impacted motorcycles. Additionally, the manufacturer must inform the owners of the remedy, such as a repair or replacement of the part or vehicle.
Steps to Take If You Are Involved in a Motorcycle Accident
If you are injured in a motorcycle accident, there are steps that you should take to protect your legal interests. Some of these steps can be taken immediately after an accident while others may take a few days after the accident to complete. Some of the steps that your Vancouver motorcycle accident attorney may recommend include:
Write a Summary
Once you are able to do so, jot down your memory of the events. Include your description of how the accident happened and what exactly happened. Write down the location, date, and time of the accident. Also, include information about the weather and whether anyone else was present. Write down the names of nearby businesses or banks that may have security footage of the accident.
Damages represent the ways that you were negatively impacted. They include such items as property damage, medical expenses and lost wages. In order to recover for your damages, you will need to be able to prove how the accident affected you. Keep track of all medical bills and records associated with the accident. Ask for an estimate to repair your bike. Keep payroll records that show your time off work. Take pictures of the damage to your vehicle and the progression of your injuries.
Return to the Scene of the Accident
To help refresh your memory, return to the scene of the accident. Evidence may still be available, such as broken motorcycle parts or skid marks. While at the scene, take pictures from different angles. Try to take pictures at the same time of day or night that the accident occurred. Take pictures of any traffic signs or signals that are close to the scene of the accident.
If you would like more information on filing a personal injury claim based on a product defect related to your accident, contact a Vancouver motorcycle accident attorney from the Etengoff Pak Law Group by calling (360) 693-2919.