Sometimes, motorcycle accidents are caused by a defective product rather than a collision or road hazard. In these cases, you may be entitled to compensation for your losses via a defective product claim. As with any legal claim, you want to record and document as much of the evidence as you can to make your case as strong as possible. When you’re ready to make your claim, contact a motorcycle accident lawyer at The Law Offices of Peter Davis to help you make your case.
Steps to Take After Your Motorcycle Accident
If you’ve been injured or suffered other losses due to a motorcycle accident, there are important steps you want to take in order to ensure you get the compensation that you deserve. The more evidence that you have to support your case, the better the outcome is likely to be. As soon as possible after your accident, you should perform the following activities:
- Record all of your conversations relating to your accident, including the date, time and place the conversations take place.
- Document and report your physical injuries and damages. Be thorough and keep track of every way that the injury affects you, from lack of sleep to the pain you’re experiencing to the medications and treatment you’re taking.
- Take notes about the accident as soon as you are able. Write down every detail that you can remember including the weather, the time of day and who witnessed or was involved in the accident.
- Contact any witnesses to get their side of the story while it is still fresh in their minds.
- Go back to the scene of the accident with a clear mind to look for any additional memory triggers or evidence that could help your case.
- Take pictures from the scene of the accident, especially during the same time of the week and day that your accident occurred in order to recreate the scene as accurately as possible.
Types of Motorcycle Defects
Now that you have more evidence to support your case, let’s discuss the two main types of motorcycle defective product claims—motorcycles with a manufacturer defect and motorcycles with a dangerous design. Motorcycles that were not properly manufactured or that contain a part that was improperly manufactured are subject to a defective product claim. Along with occurring at the manufacturing facility, these types of defects could also occur during shipping, at the supply store or at the dealership.
The other type of defective product claim applies to motorcycles that were manufactured properly but are unreasonably dangerous in their design. For these motorcycles, the problem does not lie in a manufacturer defect, but rather in the actual design of the motorcycle being too dangerous than what is reasonable. When motorcycles and their parts are discovered to contain defects, the National Highway Traffic Safety Administration may issue a safety recall. In these cases, it is up to the manufacturer to notify owners and offer a solution to the issue such as a repurchase, repair or a replacement.
Contact a Motorcycle Accident Lawyer
The Law Offices of Peter Davis have been serving Paterson, New Jersey for almost three decades, and we’re here to serve you in any way that we can. Our experienced motorcycle accident lawyers understand the particulars of filing a defective product claim and can provide you with the legal assistance that you need. Contact a motorcycle accident lawyer today to learn more.