Riding a motorcycle in Alpharetta is risky in several ways. If a bike contains defective parts or a poor design, a very serious accident can happen. The rider might lose control of their motorcycle, or the defect could lead to a sudden malfunction. If a defective part caused your motorcycle accident, it’s time to talk to an Alpharetta lawyer.
You might have a product liability claim. These claims hold a manufacturer responsible for putting a defective product onto the market. A seller might also be at fault if they knew about the defect but sold it anyway.
At John Foy & Associates, we can help after a defect caused an accident. Our team has been helping those injured in motorcycle crashes for over 20 years. We also do not collect a fee unless we win you compensation.
Call (404) 400-4000 or contact us online for a FREE consultation.
Common Defects that Lead to a Motorcycle Accident
Several defects can make a motorcycle dangerous. After an accident, it’s important to determine what was defective and how it caused the crash.
Some most common defective parts include:
- Brake defects: Brakes can be defective because of manufacturing errors, installation problems, or poor maintenance. Brake issues are some of the most deadly for motorcycle riders, leading to serious or fatal accidents.
- Fuel system defects: The fuel system on a motorcycle is close to the biker’s body. Unlike with a car or truck, the fuel system on a motorcycle is more exposed and can cause serious burns if there’s a defect. A defective fuel tank can also lead to dangerous leaks.
- Bike frame defects: Structure is crucial for a motorcycle’s function. A flaw in the motorcycle frame can cause issues that lead to an accident.
- Engine defects: Sometimes, motorcycles contain engine defects that cause unexpected problems on the road. For instance, the engine might suddenly stop working or fail altogether.
- Steering defects: Motorcycles must have safe handlebars for steering. If something is off with the steering system, it can lead to a serious and sudden accident.
- Design defects: A defect might also involve the bike’s overall design. A manufacturing defect, for instance, could lead to design-related problems that cause an accident.
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Product Liability for Motorcycle Defects
More than one party might be responsible for an accident caused by defective motorcycle parts. The liable party could be a:
- Parts manufacturer
- Motorcycle company
- A third-party seller, such as a wholesaler or retail store
- Maintenance company that installs or assembles the parts
A manufacturer is usually responsible for a defective part. However, a seller or maintenance company could also be liable if they knew about the defect.
Georgia is a modified comparative fault state, meaning parties can share liability for an accident. According to the Official Code of Georgia Annotated (OCGA) §51-12-33, you can bring action against one or more parties for an injury. If an injury victim is partially at fault, the court would also reduce their compensation based on their fault percentage.
You’ll need to determine who is liable for the defects before filing a claim. Thankfully, an experienced Alpharetta motorcycle accident lawyer can help you investigate. You can discuss the details with our lawyers for free. Call John Foy & Associates at (404) 400-4000 for a FREE consultation.
Three Types of Motorcycle Parts Defects
Product liability claims must prove that:
- The product that led to the injury contained a defect, and
- Because of the defect, the product was unreasonably hazardous
A motorcycle part can be defective in a few ways.
1. Defective Manufacturing
Motorcycle defects might happen while a part is being assembled or manufactured.
2. Defective Design
Before manufacturing the motorcycle or its parts, someone must design it. A design defect means something is dangerous about the design.
3. Improper Marketing
Sometimes, a company does not provide enough warning about a product to consumers. For example, maybe the product didn’t have the proper safety hazard warnings or labels. A manufacturer could be liable if this leads to an injury.
Safety Recalls for Defective Parts
If a manufacturer realizes a defect after the product is on the market, it should issue a recall. A recall lets consumers know that a motorcycle or part is dangerous. Not issuing a recall in this situation can cause a lot of harm.
Your lawyer can see if there were any recalls for your bike. If so, a defective part might have contributed to your accident. That would mean you likely have a case against the manufacturer.
Damages in a Motorcycle Accident
Motorcycle accidents are often severe, even deadly. If you were injured, consider all of the ways the accident affects your life. You might suffer physically, financially, and emotionally in many ways.
Common damages from an accident include:
- Medical treatment costs
- Prescription medications
- Future medical care needs
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
You’ll need to know your total damages from the accident. An experienced lawyer can determine all of your losses. That includes pain and suffering, which is hard to calculate with a dollar amount.
Product liability claims are often complicated. You will probably need professional legal help. Determining who is liable and what you deserve takes time and experience.
What to Prove in a Motorcycle Product Liability Claim
Product liability cases are different than personal injury claims. These claims are either based on negligence or strict liability. With strict liability, you do not have to prove fault. However, you will need to show that:
- The party you’re bringing the case against is the manufacturer
- The motorcycle part was defective when it left the manufacturer
- The defect caused your accident injuries
Every case is different. After your accident, talk to a lawyer about how to best handle your claim.
Talk to an Alpharetta Motorcycle Accident Lawyer Today
Defective products can cause severe or fatal accidents in Alpharetta. If you or a loved one were injured, call John Foy & Associates today. We can help you get started in fighting for your legal rights.
With over 20 years of experience, we know what it takes to win cases. We also will not charge you unless we win you money. To learn more during a FREE consultation, call (404) 341-6447 or contact us online.
404-400-4000 or complete a Free Case Evaluation form