All motorcycle accidents have the potential to be deadly or to have catastrophic results. All accidents are potentially the fault of a negligent party but what happens when that party was not directly present at the accident? For example, what happens when that party is the manufacturer of your motorcycle or a part of your motorcycle? Keep reading to find out how to hold the at-fault party responsible and then contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free legal consultation.
What is at Fault if a Malfunction Causes a Motorcycle Accident?
No matter how experienced a rider is if their motorcycle malfunctions they could lose control. When traveling at fast speeds, this can cause a serious accident. In some cases, this type of accident is caused by a defective part or a piece of machinery on the motorcycle.
When the cause is a part malfunctioning, it is often the case that no one ever finds out that it was to blame. However, when they do, and the accident occurs in California, local product liability laws can allow the injured party to sue the designer, manufacturer, or seller of the defective part.
These cases are different from other personal injury cases that require the victim to prove that the company was negligent. In a product liability case, all they are required to prove is that there was a manufacturing defect or design defect, and that the at-fault company did not warn users of the defects.
Elements That Must Be Prove in These Cases
If it does turn out to be a product liability case, the injured party must show that the defendant is the one that designed, manufactured, or sold the defective product, that the product was defective when it left the defendant’s possession, that the injured party used the motorcycle in the way it was intended, and that the victim suffered their injury due to the defect in the motorcycle part.
Not All Motorcycle Accidents Caused by Defective Parts Offer Grounds for a Personal Injury Claim
It is not always the case that if a person was injured in a motorcycle accident caused by a defective part the manufacturer is at fault. For example, if a part malfunctioned when the motorcycle was being driven through a flooded area, the defendant could argue that the part was not being used as intended and therefore the defect is not their fault.
If you want to know what your options are then your next move should be to call Law Offices of Fernando D. Vargas at 909-982-0707. We are standing by to provide the best possible assistance to you. Whether you have grounds for a case or not, it is worth talking to an attorney so that you know what your options are. Call us now and we get started right away.
