There are few modes of transportation more enjoyable than riding a motorcycle. Yet for all of the fun of motorcycles, they can be dangerous. In 2021 alone, 82,686 motorcyclists were injured and 5,932 bikers were killed in the United States. Motorcycle crashes can cause serious injuries, leaving the rider with substantial medical bills and lifelong aftereffects.
If another driver causes your motorcycle wreck, you can file a lawsuit against them. But if the accident was caused by a dangerous or defective part, you can potentially file a product liability lawsuit against the manufacturer, retailer, or distributor of that product. Our Oregon motorcycle accident lawyers can help you get maximum compensation for your losses.
At Harris Velázquez Gibbens, we are fierce advocates for accident victims. We work hard to help our clients get the money that they deserve for their pain and suffering, medical expenses, property damage, lost wages, and more. Reach out to our law firm today to schedule a free initial consultation with an Oregon personal injury attorney.
Is It Possible to File a Claim If My Motorcycle Crash Was Caused by a Defective Part?
In many motorcycle accident cases, there is a clear at-fault party. This may be another motorist who changed lanes without checking to see if it was clear, or even a local government that failed to properly maintain the roadway. But what happens if there isn’t an obvious cause, particularly in a single-vehicle accident?
In some cases, motorcycle accidents are actually caused by a defective product. Like cars and trucks, motorcycles have many parts that all have to work together for the bike to function properly. Any type of defect in one of these products can lead to an accident.
A motorcycle accident can be caused by a defective part, such as:
- The brake system
- The steering system
- Tires
- Accelerators
- Ignition
- Headlight or taillight
- Gas tank
- Fuel system
- Wiring
- Transmission
- Engine
For example, if a motorcycle tire blows out due to a batch of products made with substandard rubber, it could cause a crash. A person injured in the accident could then potentially bring a claim against the manufacturer. This is known as a product liability lawsuit.
It can be all too easy to assume that a single-vehicle motorcycle accident is your own fault or that you can’t seek compensation for your losses. While that may be true in some cases, there are situations where there is a “hidden” cause, such as a dangerous or defective part. Our Oregon personal injury attorneys will thoroughly analyze your case and help you get the compensation that you deserve for your injuries.
Understanding Oregon Product Liability Lawsuits
Product liability lawsuits are a type of personal injury claim. Broadly, if a defective product causes harm to a person, then the manufacturer, distributor, and/or retailer of the product may be liable for any losses that the person suffered.
The injured party (plaintiff) must prove that the product was unreasonably dangerous at the time it left the control of the manufacturer (defendant). This means that the product was more dangerous than a typical user would expect.
There are a few different ways to prove that a product was unreasonably dangerous. They include:
- Design defects: When a product has a design defect, it is inherently dangerous. The product is so poorly designed that it is unsafe for ordinary use even though it was manufactured properly. This can also include a product design that was not appropriately tested or reviewed for safety before being manufactured. For example, if a fuel tank is placed too close to an engine, the risk of fire in the event of an accident is much higher, making the motorcycle too dangerous.
- Manufacturing defect: A manufacturing defect is an error in how a product was made. For example, the factory could have a bad batch of metal, or a machine on the assembly line could go haywire for a day. Products with manufacturing defects are dangerous when they are used in an ordinary, expected way. For example, an error in the welding process resulted in weak handlebars. The handlebars cracked while you were driving it, causing you to lose control and crash. In this case, the manufacturing defect made the handlebars unreasonably dangerous.
- Failure to warn or instruct: Under Oregon product liability laws, manufacturers must warn end users about known hazards associated with foreseeable uses of the product and instruct users on how to properly use the product. A failure-to-warn case is typically based on a danger that is not obvious to a user. For example, if a tire manufacturer knows that its products are likely to blow out at high rates of speed and that motorcyclists are likely to drive at that rate of speed, then they could be liable for injuries caused by a failure to warn.
If you have been involved in a motorcycle accident that you suspect was caused by a defective part, then you might be able to bring a product liability lawsuit against the manufacturer. To strengthen your case, there are a few steps that you should take.
First, preserve your motorcycle for inspection. While it may be tempting to get your bike repaired or even to scrap it if it was totaled, you should not do anything until it has been inspected. Have it taken to a secure location so that an expert (such as a certified mechanic or engineer) can examine it and determine if there were any defective parts.
Second, if you are able to do so, you should take photos and videos of the motorcycle and the accident scene. This type of evidence can be crucial when it comes to proving what went wrong. Be sure to take both close-up images of the motorcycle as well as wider shots showing damage, skid marks, leaking fluid, and debris at the crash site.
Third, take some time to research product recalls and safety alerts for both your motorcycle and any parts that you may have purchased. The National Highway Traffic Safety Administration and various consumer safety websites maintain databases of recalls and safety issues.
Fourth, be sure to seek medical attention as soon as possible after the accident, even if you don’t think that you were seriously injured. Getting checked out can ensure that you get the right diagnosis and treatment. It also establishes a link between your accident and your injuries.
Of course, in the aftermath of a motorcycle accident, you may be too overwhelmed to do all of this. The most important thing that you can and should do is get medical treatment. You can then schedule a free consultation with an Oregon personal injury attorney.
Our law firm will take on the burden of finding experts, investigating the defect, and gathering evidence for you. We will interview witnesses, seek out police reports, research if other accidents have been linked to this bike or part, and collect photos and videos of the accident scene for you. At the same time, we will research Oregon law to build the strongest possible claim for compensation for you.
We won’t rest until we have fully investigated every possible cause of your motorcycle accident. We will then fight to get you top dollar for all of your losses. If you have been hurt in a motorcycle accident caused by a defective part, you can count on our law firm to advocate for you.
Hurt in a Motorcycle Crash? Contact Our Law Firm Today.
Motorcycle accidents can be incredibly scary. They are often associated with serious, life-changing injuries. If you have been hurt in a crash, we will work tirelessly to find the cause and hold the responsible party accountable for your losses.
At Harris Velázquez Gibbens, we represent injury victims who have been hurt in all types of accidents, including motorcycle crashes caused by defective parts. Based in Hillsboro, we advocate for clients throughout Washington County. To learn more or to schedule a free consultation with an Oregon motorcycle accident lawyer, give us a call at 503-648-4777 or fill out our online contact form.
