If you or your loved one have been injured in a motorcycle defect accident, legal representation can change the course of your personal injury case. Motorcycle accidents due to defects are more complex as they require an in-depth investigation to pinpoint malfunction and its cause to determine who is liable for it. Shamon Law conducts intensive product defect investigations to build undeniable cases against the responsible party(s). Call us at +1 619 458-3539 for a free consultation with our expert San Diego motorcycle defect accident lawyers.
Motorcycle Defects And Accidents
Motorcycle defects refer to malfunctions or flaws in motorcycle assembly. For instance, they may be caused by manufacturing errors, design flaws, improper maintenance, or unskilled quality control.
One small defect can affect the motorcycle’s operation, making it unsafe and causing a terrible accident. For instance, a mechanical defect can cause the biker to lose control in the middle of traffic, resulting in tragic injuries and even fatalities.
San Diego Motorcycle Accident Statistics
San Diego County has more than 80,000 registered motorcycles, according to the California Department of Motor Vehicles vehicle registration report. In 2021, San Diego reported 3984 motorcycle-involved accidents, out of which 132 were fatal, according to a Statewide Integrated Traffic Records System (SWITRS) report. Among the total, 1385 were motorcycle crashes.
Common Motorcycle Defects
Some common motorcycle defects are:
Braking system defects are among the most dangerous, preventing riders from stopping or slowing down at critical times, causing crashes.
When the handle of a motorbike is improperly balanced or missing a component, it can become extremely difficult for the motorcyclist to retain control and balance.
Motorcycle engine failure happens suddenly, causing severe collisions if there is busy traffic.
Fuel system defects are another dangerous type of motorcycle accident. Any leakage can cause sudden, extreme fires or explosions, leading to tragic accidents.
Tire and Wheel
Tire punctures or blowouts happen suddenly, making the biker lose control and crash. When the tire is damaged, the friction between the ribber and the wheel increases, and fires can start.
When the frame is improperly assembled or loosens, falls apart. It can lead the motorcyclist to lose balance in the middle of the road.
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Injuries Caused By Motorcycle Defect Accidents
Some commonly reported injuries from motorcycle defect accidents in San Diego are:
- Head and Brain Injuries
- Spinal injuries
- Leg and Arm fractures
- Internal bleeding
- Organ Damage
- Rib fractures
- Cuts and Bruises
Who Is Liable For My Motorcycle Defect Accident?
Accident investigations help determine the cause of motorcycle defect accidents. Some defects are the manufacturer’s fault, making it liable for making and selling defective products. The manufacturer is also liable for design flaws.
Sometimes, the retailer can also be liable if they were aware of the defect but sold the bike. At the same time, your regular service center or a motorcycle repair shop that recently repaired or serviced the motorcycle is liable if it caused the defect.
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Steps To Take After A Motorcycle Defect Accident
If you are in a motorcycle defect accident, your top priority should be to seek medical attention. Call 911 as soon as possible. All injury accidents must be reported to the police within 24 hours. If able, try collecting the contact details of other involved parties and the witnesses.
Once you have received the needed medical treatment, then comes the time to investigate the cause of the accident. Contact Shamon Law’s San Diego motorcycle accident lawyers. We will help you determine the cause, file a personal injury claim, and recover meaningful compensation.
How Can A Motorcycle Defect Accident Lawyer Help Me?
Motorcycle defects and accidents are more complex than other case types. Also, the defendant is a large, deep-pocketed insurance company. Winning the claim requires analysis of insurance policies and investigation results proving liability.
Here are some key roles and responsibilities of a San Diego motorcycle defect accident attorney:
Educate You On Your Legal Rights
We will help you understand all the laws, your legal rights, and insurance policies associated with manufacturing defects and product liability. We also work with expert resources to estimate your damages, including the medical cost of your injuries and the motorcycle repair cost.
Investigating The Cause
We will aggressively gather evidence to determine who is at fault for the defect in your motorcycle that caused the accident. We will also bring in expert witnesses to prove liability.
Proving Product Liability
You must prove three factors when proving product liability for your motorcycle defect.
1. The Motorcycle/Motorcycle Part Was Defective
You must prove that a motorcycle defect caused the accident. The most effective way of doing so is to bring in expert engineers or mechanics, also known as expert witnesses. They have the expertise to identify which part was defective, how and when the defect happened, or whether it was a design flaw. This information helps your lawyer identify the at-fault party.
2. The Defect Caused The Accident
Once the defective part is identified, you need to prove that it was the cause of the accident. This, too, is done by the expert witness as they can observe how the defective part led to the accident. At the same time, any security camera footage and accident witnesses can provide supporting evidence.
3. You Suffered Damages
Now, you must prove that you suffered damages because of the accident caused by the defective product. Your medical records and the police records are the most solid evidence of this. If you get the chance to take photos or access security camera footage of the accident, these may also show the damages. At the same time, witness can help establish your damages.
Damage Compensation For Motorcycle Defect Accidents
There are two types of damages for motorcycle defect accidents in San Diego. First, economic damages cover monetary losses like medical expenses, lost wages, and the cost of repairing your motorcycle.
Non-economic damages refer to non-monetary losses like the pain and suffering you endured from the accident, any temporary or permanent degradation in the quality of life, and emotional distress.
Contact A Top-Rated San Diego Motorcycle Accident Attorney Today
Motorcycle defects are difficult to prove. Shamon Law obtains the evidence needed to prove your case and or negotiate an excellent settlement. Working with an experienced San Diego motorcycle defect accident attorney is essential to investigate the case and protect your rights.
We at Shamon Law have years of experience navigating complicated legal cases. We apply personalized strategies to every case depending on its severity and tirelessly work with various resources and expert witnesses to prove motorcycle defect liability. Contact us today at +1 619 458-3539 to seek consultation with our expert attorneys.