Every motorbike collision has the potential to be fatal or to have disastrous consequences. Although a negligent individual may be at fault for any mishap, what happens when that party was not actually there? What transpires, for instance, if that party is the maker of your motorcycle or a component of your motorcycle? After reading this article, you can call Law Offices of Fernando D. Vargas at 909-982-0707 to schedule a free legal consultation and learn how to hold the culpable party accountable.
What occurs when a defect leads to a motorcycle accident?
No matter how skilled a rider is, they risk losing control if something goes wrong with their motorcycle. This may lead to a major mishap while moving quickly. This kind of mishap can occasionally be brought on by a machine or component on the motorcycle that is flawed.
It frequently happens that no one ever realizes that a defective element was the cause. However, if they do and the incident takes place in California, state and municipal product liability laws may permit the injured party to file a lawsuit against the maker, seller, or designer of the allegedly defective part.
These lawsuits are distinct from other personal injury cases where the plaintiff must establish the defendant’s negligence. All they need to show in a product liability case is that there was a manufacturing or design flaw and that the responsible business failed to alert customers to the flaws.
Element proving requirements in these cases
If a product liability claim is made, the injured party must establish that the defendant created, produced, or sold the defective product, that the product was flawed when it left the defendant’s control, that the victim used the motorcycle in the manner for which it was designed, and that the victim’s injury was caused by the flaw in the motorcycle part.
Motorcycle accidents brought on by faulty parts do not always give rise to personal injury claims
It is not always the case that the manufacturer is to blame when someone is hurt in a motorbike accident brought on by a defective part. The defendant can contend that the problem is not their responsibility if, for instance, a part malfunctioned while the motorcycle was being driven through a flooded region.
Your next step should be to call Law Offices of Fernando D. Vargas at 909-982-0707 if you want to learn more about your options. To help you in the best way possible, we are ready and waiting. Whether you have a case or not, it is still essential to speak with a lawyer so you are aware of your alternatives. Give us a call right away, and we will get started.
