If a defect causes a motorcycle crash, who is to blame?
It is not uncommon to hear of motor vehicle defects and recalls. Defects that are not addressed in a timely manner can, and sometimes do, result in unsuspecting victims suffering injuries or even death. If a defect is believed responsible for a motorcycle crash, who is to blame and where can residents of Illinois turn for help?
Motorcycle defects can come in a variety of forms. These include design flaws, the use of damaged parts, manufacturing errors and poor handling during vehicle shipment. If a defect is discovered, according to the National Highway Traffic Safety Administration, the manufacturer has a duty to warn consumers and offer repairs free of charge. It is the manufacturer and others in the chain of supply who may be held responsible and liable for damages if they fail to supply a safe product or decline to recall and repair vehicles that are defective.
It will be necessary to prove that the defect by itself was the cause of injury or death will be necessary. If a crash happened because of human error, a defect claim may not be successful. If an accident is the result of after-market modifications made to one’s vehicle, again, a defect claim may not produce a desirable result.
As there are numerous factors that usually contribute to motorcycle accidents, defect claims can be challenging to navigate alone. If a defect-related motorcycle crash results in injuries or the loss of life, the victim or his or her surviving family members may have legal recourse. An experienced attorney can — if deemed appropriate — help Illinois residents file and litigate personal injury, wrongful death, product liability and any other legal claims that are applicable to their situations in order to seek compensation for any damages sustained.
Source: FindLaw, “Motorcycle Defects and Recalls”, Accessed on April 10, 2017