If you purchase a motorcycle in or around Johns Creek, you expect it to function properly. The motorcycle manufacturer has a duty to put out safe products and parts to consumers. But what happens if a part is defective and it leads to an accident? If you or a loved one were injured in this way, a lawyer might be able to help.
Defective vehicle parts can be hazardous for everyone on the road. If the driver doesn’t know about the defect, they have no way of avoiding unexpected harm. At John Foy & Associates, we can help injury victims seek compensation after an accident caused by a defective part.
Contact us today to discuss the details of your accident. We can review your case and talk about your recovery options. To get started with a free consultation, call (404) 400-4000 or contact us online.
Types of Defective Motorcycle Parts
If something goes wrong during the manufacturing process, a motorcycle part can become defective. A store or retailer might also be partially responsible if they sell a defective part. Before you can bring legal action, you’ll need to know which part contained the issue.
Defective parts that most commonly lead to motorcycle accidents include:
- Tires or wheels
- Steering systems
- Braking systems
- Motorcycle pedals
- Signaling systems
- Brake or taillights
- Bike seats
For example, let’s say a motorcycle’s taillights are defective. Since the taillights have stopped working properly, other drivers cannot tell when the biker is slowing down. A rear driver might then slam into the back of the motorcycle, causing a serious accident.
Another example is a defective braking system. If a motorcycle’s brakes give out, the operator cannot stop and avoid a possible collision. This type of scenario often results in a deadly or life-threatening accident.
Of course, motorcyclists must keep up with regular maintenance and repair of their bikes. But a defective part is mostly out of their control. If you were hurt in an accident caused by a defective part, talk to a lawyer before assuming any fault.
How Liability Works for a Defective Part Accident
Manufacturing companies have a duty of care to consumers. The companies must ensure their products are safe when they leave the manufacturing plant.
According to the Official Code of Georgia Annotated (OCGA) §51-1-11, a manufacturer is liable to anyone who uses or is affected by property that causes an injury. This applies to “personal property sold as new” or sold through someone else, such as a dealership. Since the property was not safe, it was not as fit for consumers as it should have been.
If a defective part caused your motorcycle accident, the manufacturer might be responsible, but you’ll need to file a claim against the company for the damages you have. To get help with this process, contact a Johns Creek motorcycle accident lawyer. Call (404) 400-4000 today for a free consultation.
Who Is at Fault for a Motorcycle Accident Caused by Defective Parts
Although the manufacturer is usually at fault for defects with motorcycles, other parties may be liable. For example, you could also have a case against:
- An auto parts store
- A new or used car dealership
- A distribution company
- A third-party driver
Other companies could be responsible if they knew about the defective part and sold the motorcycle anyway. Or maybe they caused an issue with the product during sales or distribution. If you suspect either of these possibilities, contact a lawyer immediately.
Another driver could also have contributed to your accident. Sometimes, a defective part causes an unsafe situation that another driver then responds to poorly. If the driver is partially at fault for what happened, you might have a claim against them, too.
Duty to Warn for a Defective Part
Manufacturers have a “duty to warn” customers about defects. If a manufacturer learns about a defective product or vehicle later on, they must warn consumers. Failure to warn can also leave the manufacturer liable if an injury happens.
After an accident, it’s important to explore all your options. You might not realize that a defect led to the collision until you investigate. This is where an experienced lawyer can help uncover the truth.
How to Build Your Motorcycle Accident Case
Building a claim for damages based on a defective design isn’t easy. You will need to gather strong evidence of the at-fault party’s carelessness. You’ll also need to prove your injuries and other damages.
It’s best to contact a lawyer from the very beginning. At the very least, you should schedule a free consultation to learn your options. A lawyer can determine the best way to prove that:
- The at-fault party was the manufacturer of the part,
- The part was defective when it left the manufacturer, and
- The defective part led to your accident injuries.
There are several steps to take while building this type of case. You’ll need to research the motorcycle’s details and investigate the accident. It’s also vital that you gather information before it’s too late to collect it. Memories can fade quickly, and it will be harder to build a claim the longer you wait.
In most cases, you must bring an action against the manufacturer within ten years from the “date of the first sale for use.” Other injury cases only allow two years for you to file a claim. To make sure you stay within the statute of limitations, don’t wait to get started.
This type of case usually depends on strict liability. That means you don’t have to prove that the manufacturer was negligent to find them responsible for your injuries. However, you still need to show the connection between the company, the defective part, and your injuries.
Talk to a Johns Creek Motorcycle Accident Lawyer for Free
Defective vehicle parts often go unnoticed until it’s too late. If a defective part caused your motorcycle accident, don’t delay. You might have a product liability case.
John Foy & Associates can help investigate the accident and build a strong injury claim. We have been helping accident victims for over 20 years, and we’re not afraid of complicated claims. Plus, we don’t take a fee unless we win you money.
To get started with a free consultation, call (404) 400-4000 or contact us online.