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Motorcycle accidents are a common cause of serious injuries. Although the involved drivers are often responsible for motorcycle wrecks, problems with the bike also could cause accidents.
Talk to the motorcycle crash lawyers at Jan Dils Attorneys at Law about motorcycle defects and recalls in West Virginia. Depending on the situation, the manufacturer of the bike or the seller might have liability for an accident.
Motorcycles require substantial skill to operate safely. When a defective part fails, the biker may struggle to maintain control, causing a potentially serious wreck.
A defective tire can lead to blowouts, which will cause loss of control at even moderate speeds. Defective brakes will prevent the biker from reducing speed or stopping and could lead to a crash. Other common defects that lead to accidents include:
When the underlying cause of the defect is poor design, a manufacturing error, or inadequate instructions or warnings, the manufacturer may be liable.
Our West Virginia attorneys can investigate the cause of a motorcycle accident, including defects and recalls. They could solicit expert opinions from engineers, mechanics, and others to support a compensation claim against the manufacturer.
When a manufacturer puts a product on the market, it must be reasonably safe for its intended use. If it is defective and you suffer injuries because of the defect, the manufacturer, distributor, dealer, and others could be liable for your losses.
Our West Virginia attorneys try to identify a flaw in the motorcycle’s design, manufacture, or label that led to the defect and recall. If they do so, the manufacturer is strictly liable for your injuries. Depending on the evidence available, we also could show that the manufacturer was negligent and did not use reasonable care to protect riders and others from harm.
The liable parties are responsible for paying compensation for your losses. You could receive money for your pain and suffering, out-of-pocket medical expenses, diminished income, and even future losses like ongoing medical care.
A West Virginia attorney would conduct a recall search as part of an investigation into whether a motorcycle is defective. Manufacturers recall products when there is evidence that the product or its components are not performing as expected. A recall notice issued after an accident is persuasive evidence that a product was defective.
When a motorcycle manufacturer issues a recall, owners of the affected bikes are directed to return it to a dealer for free modification, replacement, or repair. If you received a recall notice, did not follow its instructions, and then got into an accident, liability could fall on your shoulders.
West Virginia Code § 55-7-13A requires the allocation of fault between parties to an accident. Someone who is primarily to blame for an incident cannot pursue compensation from other negligent parties. If there is proof you received a recall notice but never sought the necessary replacement or repairs, you could lose the chance for compensation.
Obtaining compensation after a motorcycle wreck can be challenging if a defective product was the cause. The local personal injury attorneys at Jan Dils Attorneys at Law can help you uncover motorcycle defects and recalls in West Virginia and hold the responsible parties accountable. Contact us today to discuss your potential claim.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
