Understanding the cause of motorcycle accidents – Product Liability AccidentsHow do I know if my brakes failed? Unless you are trained mechanic or expert in this field it will be difficult to properly asses the cause of the failure. In order to understand what caused the accident, we will need to have a qualified motorcycle expert inspect the product. It is after a close inspection and testing of the parts that we can actually pin-point the root of the problem.
Who is responsible for my injuries?In a defective product claim, you can hold any party in the commercial stream of distribution responsible for the injuries sustained. What this means is that any person involved in the distribution, sale or manufacturing of the product can be held liable. In certain cases even component part manufacturers can be held responsible for any defect causing injury. In determining liability, you must first establish what type of defect was present. Generally with these types of defects, it is either a manufacturing defect or design defect. Manufacturing defects are those that occur during the assembly process. When manufacturing employees fail to exercise reasonable care or precision in the manufacture of the product, they can be held liable for a manufacturing defect. In other words manufacturing defects are those that occur from a defect in the manufacture of the product. Additionally, manufacturing defects are not applicable to each unit sold. In comparison design defects refer to an inherent design flaw found in the product. Design defects occur when the manufacturer fails to exercise proper care in the design of the product. As a result they develop or produce a non-functional product which is inherently defective by design. Regardless of the type of defect, manufacturers, distributors and resellers of the product can be found equally liable for a defective product.
What should I do after the accident? Knowing what steps to take after the accident are critical. Never attempt to diagnose the issue yourself. Always have a qualified expert look at the bike after the accident. If you need an expert contact your attorney. A qualified motorcycle attorney can have a number of experts on staff for various different reasons. Our office retains different motorcycle experts who we work with in order to determine or reconstruct certain accidents. Always keep the motorcycle in the post accident condition. If the motorcycle is tampered with, destroyed, repaired or sold it can be difficult to establish a valid case. According to one of our attorneys, Farid Yaghoubtil, “so many cases are lost or no longer viable because the owners of the bikes sold, disposed of repaired the bike. Once this happens you are essentially destroying important evidence, which is critical to the success of your case.” Make sure you keep an careful watch on the product until the proper evidence preservation specialist can inspect the motorcycle and give his or her opinion. It is also important to take photographs, not only of the scene of the accident, but also of the motorcycle itself. These photos can be important in preparing a product defect case.