Determining Fault In An Accident

The Basics Of Defective Equipment Motorcycle Accident Claims

Motorcycle accidents often come with greater injuries than others because of the exposure risk and the lack of structural protections. If you've been involved in an accident on your motorcycle, it's important to determine the cause and figure out whether or not you have a legal claim for the incident. One common situation that can result in a legal claim is if the accident was caused by a defective part on the bike. Here's a look at what you need to know if you suspect that a defect was the cause of your motorcycle accident.

You Need Proof Of The Defect

The first thing that you need to think about following a motorcycle accident is that your bike itself is valuable evidence in cases of a future claim. Even if you don't know at the time that there's a defective part on your bike, you should take the steps to protect the evidence in the case.

When you call to have your bike towed from the scene, make sure that the towing company holds the bike in secure storage until it can be thoroughly examined. You'll have to have documentation of the failure to claim a defect in your case, and that examination is the only way to get it.

You Need To Identify Any Recalls

Check to see if there were any recalls on your particular motorcycle's make, model, and year. If there were any recalls, and those recalls were issued before you bought your bike, they should have been done by the dealer who sold the bike to you. You may be able to file a claim due to lack of recall work and hold that dealer liable for the accident.

If, however, there was no recall, and the part that failed was an original manufacturer's part, you may need to file a claim against the manufacturer for the defective part. Alternatively, if the part that failed was an aftermarket part, you'll need to go after the manufacturer of the aftermarket part instead.

You Need To Prove Your Losses

You can't file a motorcycle accident claim unless you can prove that you suffered a loss as a result of the accident. That means having documentation of the injuries you suffered, the cost of your treatment, your long-term prognosis, and the estimates of the repairs on your bike. The more information you can gather and prove, the better.

Contact a motorcycle accident attorney for more information about your possible case and the evidence that you will need to have. They can help you draft, support, and present a case that protects your interests.