According to statistics, it is estimated that in 2019 5,014 motorcycle drivers were killed during a traffic accident. Additionally, it is believed that 84,000 motorcyclists sustained injuries during 2019, which is an injury rate of 975 per 100,000 people.
Unfortunately, many motorcycle accidents result in injuries that tend to be more severe than other vehicle accidents. Amongst the many causes of motorcycle accidents, manufacturer defects are a prevalent issue. In accidents where a manufacturer issue is involved, there are no safety precautions and adherences that will prevent a traffic accident from transpiring.
If you suspect that your injuries were sustained in a motorcycle accident because of a manufacturer’s fault, you should speak with a California accident attorney. An attorney can help you file a personal injury claim against a motorcycle manufacturer. To help you better understand the personal injury claims process, we have provided some information in this article to help you with your motorcycle claim.
To File A Personal Injury Claim Against A Motorcycle Manufacturer, Four Elements Need To Be Proven
When you have sustained injuries during a motorcycle accident and suspect a manufacturer is at fault, you could be confused and physically and emotionally hurt. Yet, you might not realize that you could be able to file a personal injury claim if you can prove four elements of product liability.
There Was An Aspect Of The Motorcycle That Was Defective
If you hope to build a winning case, you will need to prove that there was a component of your motorcycle that was defective. Without this proof, you won’t be able to file a personal injury claim against a motorcycle manufacturer.
In most instances, there are usually three different types of motorcycle defects responsible for causing injuries. Therefore, you will have to prove that there was a design defect, a manufacturing defect, or an informational defect.
The Motorcycle Involved in The Accident Was Maintained Properly
You can’t blame a motorcycle manufacturer for causing your accident through a defect if you have not properly maintained your bike. To prove that your motorcycle accident occurred because of a manufacturer issue, you need to have proof of maintenance in the form of service history receipts, records, and invoices.
You Sustained Injuries Or Losses
Arguably one of the more important elements that prove your motorcycle accident was caused due to manufacturer fault is if you sustained injuries or losses. Medical records will be able to prove that the injuries you incurred were due to your motorcycle accident.
There is a plethora of injuries that motorcycle injuries suffer from that could result in compensation. Below are a few of the common damages victims seek from motorcycle manufacturers after accidents in California:
- Home care, child care, and domestic help.
- Lost wages and loss of income, past, present, and future.
- Medical bills such as hospital visits, ambulances, and therapy.
- Property damage.
- Disfigurement and physical impairment.
A Defect Caused The Motorcycle Accident
In most cases brought against a motorcycle manufacturer, you need to prove that a defect caused the accident. If you cannot prove that there was indeed a notable defect, you will have trouble winning your lawsuit and compensation for your injuries.
Some of the evidence you can use to prove that a defect was the cause include official police reports, eyewitness statements, photographs of the wrecked bike, and dashcam recordings. Additionally, other evidence that can be utilized includes medical records and an official report from an accident reconstruction expert.
The Steps You Need To Take Once You Have Proven The Motorcycle Manufacturer Was At Fault
After you have proven that the motorcycle manufacturer was at fault, you can move on to filing your personal injury claim. Below are a few simple steps surrounding the personal injury claim filing process.
- You need to establish if an insurance policy covers the motorcycle accident.
- You need to decide if you will be hiring a personal injury attorney to handle your case proceedings.
- You need to decide if you will file a lawsuit or if you will come to an agreement without filing a claim. If you file a lawsuit, you will need to meet all deadlines and keep the California statute of limitations in mind.
- Once you have decided to file, you must file a summons and complaint with a court and pay a filing fee.
- After the person you are filing a summons and complaint against answers your complaint, you can continue the personal injury claims process. However, if they have motioned to dismiss, you could end up having to stop your legal proceedings or readjust how you tackle your case.
For Assistance With Your Motorcycle Accident Lawsuit, Get In Touch With A California Accident Attorney
It can be tricky filing a personal injury claim against a motorcycle manufacturer. Unlike with other auto accident cases, suing a manufacturer has different legal requirements. That’s why a San Bernardino motorcycle accident attorney who specializes in these cases can be a tremendous help. Consider contacting a qualified attorney to seek the compensation you deserve for any injuries or damages you sustained.
