Usually, when you think about motorcycle accidents, you automatically think of a car hitting a person on a motorcycle. However, while these accidents happen plenty, there is another factor that can lead to a motorcycle accident: defective brakes on the motorcycle can be a nightmare for riders.
Motorcycles can travel at high speeds, so it is essential that their brakes should function as they were designed to do. If the brakes are faulty, it can lead to an accident that sees the rider thrown or even hit by traffic. This can lead to serious injuries that can be permanent or even fatal. It’s important to understand your rights if you or a loved one have been in a wreck.
Legal claims when motorcycle brakes fail
If the brakes of your motorcycle are defective, you can file two different types of lawsuits: a personal injury claim and a product liability claim. Of course, you can file a personal injury claim if you suffer injuries. At the same time, you have the legal right to file a product liability claim against the manufacturer of the motorcycle or brakes. Generally, this is your right if you have suffered an injury.
Product liability claims can be filed for the following reasons:
• Manufacturing defects: If the motorcycle’s manufacturer or the manufacturer of the faulty brakes failed to ensure that the brakes were up to the expected standard, the plaintiff would have to prove that the brakes were defective when they bought the motorcycle.
• Design defects: If the design of the brakes caused the brakes to be faulty, the plaintiff would have to prove there was a design flaw at the time when they bought the motorcycle. The attorney can also provide evidence that other makes and models with the same brakes have had problems that resulted in accidents.
• Failure to warn: If it was known that the motorcycle’s brakes were defective but the manufacturer failed to warn the public of such, they can be held liable for injuries and other damages suffered by victims.
Motorcycle accident statistics
Motorcycle accidents have decreased over the past few years, but there are still far too many fatal collisions. According to the National Highway Traffic Safety Administration’s Motorcycle Safety report, in 2018 alone, 4,985 motorcycle riders died in accidents.
Certain motorcycle models have been known to have defective components. If the manufacturer is aware of the problem, it may recall the motorcycle, or the Consumer Product Safety Commission may order them recalled.
Types of injuries stemming from motorcycle accidents
If a motorcycle’s brakes are defective, they can easily fail. This can result in motorcyclists getting into serious accidents as a result. The following injuries can be sustained after an accident on a motorcycle with defective brakes:
• Broken bones or fractures
• Dismemberment or amputation
• Loss of a bodily organ or damage to that organ
• Spinal cord injuries
• Traumatic brain injuries
• Various other injuries that impact one’s everyday activities
Motorcyclists can and often do suffer a variety of injuries, some of which can be very serious and even permanent and debilitating. These injuries can occur even if the person is wearing a helmet.
Filing a claim after a motorcycle accident
If defective brakes on your bicycle caused you to get into an accident while riding, you need to speak with an experienced motorcycle attorney. According to anidjarlevine.com/, when another party such as a manufacturer causes a motorcycle accident, the rider or their surviving loved ones can file a claim to cover their damages.
You may want to take pictures of the scene of the accident and keep a journal documenting the situation and your injuries. Your attorney will begin a thorough investigation to help you recover the appropriate compensation for your medical expenses and all other damages.
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