There has been a huge increase in recent years in the number of Americans enjoying the open road and riding motorcycles. Part of the change has to do with easier transportation and fuel efficiency, but many ride for pleasure or as a hobby. This increase of motorcycles on the road has inevitably led to an increase in motorcycle accidents and fatalities. The typical accident occurs when the driver of a car takes a left in front of a motorcycle coming the other way, not seeing them. But this is not the only way such wrecks occur. In fact, car drivers often miss motorcycles when changing lanes or merging.
Often, the severity of the motorcyclist’s injury will far exceed the amount of auto insurance coverage. In those cases, the best personal injury lawyers look at the possibility of a products liability case as a way of making the client whole. Product liability cases involving motorcycles have arisen in various contexts. When accidents occur there may also be helmet failures, or gas tanks may leak causing fires or explosions. A defective throttle mechanism may cause the bike to go even when the operator doesn’t intend it to go, or a braking mechanism may fail and play a part in the damage sustained in the accident.
In order to pursue a products liability case, the evidence has to be collected immediately at the scene. This evidence can later be analyzed by an engineer who can provide an opinion about whether the motorcycle and its parts were designed or manufactured defectively. The damaged motorcycle is needed to prove your case if a defective product played a role in your being injured in a motorcycle accident. InjuryBoard provides a helpful article addressing just what you should do at the scene of a motorcycle accident, including preserving the clothes worn during the accident and the condition of your motorcycle just after the collision, as well as taking pictures and writing a detailed account of the accident.
If you take a trip on your motorcycle, keep in mind that many car drivers have a big "blind spot" for their two-wheeled cousins. Be safe and have fun.
Rick Shapiro has practiced personal injury law for over two decades in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad and medical negligence claims. His success in and out of the court room is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer reviewed organizations for many years.