What If a Defect Caused My Motorcycle Accident?

Motorcycle accidents can be extremely devastating and the first step after such an accident is to determine who or what caused it. It is common for insurance adjusters and investigators to find that another driver or the rider caused the accident, but there are also instances where a defect on the motorcycle itself led to the injuries.

Defective components and bikes can lead to a loss of control and fatal accidents – especially when the defect is discovered at high speeds. There are hundreds of components that make up a motorcycle and any one of them could malfunction, resulting in a devastating accident. Just some of the more common defects seen in these types of incidents include:

• Brake Failures – Accidents quickly turn fatal when a rider is unable to stop their motorcycle – even at slow speeds. When brakes fail, the brake manufacturer, distributor or even the mechanic that last serviced the bike could be held liable for the injuries.
• Faulty Bike Tires – Motorcycle tires are extremely important to the overall safety of the bike. When these fail, it is more than likely the rider will suffer extreme injuries. Faulty tires can be an issue for the tire manufacturer, the company that sold the tires or even the company that installed the tires on the bike.
• Fuel System Failures – Fuel system failures often lead to crashes and devastating fires (and burn injuries). Defectively designed fuel systems are usually held against the manufacturer or company responsible for designing and/or installing the fuel system itself.
• Dangerous Design – Motorcycles are designed to be safe and should not be sold if they have a design flaw. That being said, sometimes these design flaws get past the eyes of safety experts and dangerously designed bikes are sold to consumers. When a design defect occurs, the company that designed the bike, manufactured the bike and even sold the bike could be liable for any injuries that occur. Also, if a third party was responsible for independently testing the bike’s safety, they could be liable for any injuries – because they failed to observe the design defect.
• Manufacturing Defects – These occur when components of the bike are manufactured and not necessarily as part of the design. There could be just a handful of defective parts or all of the particular parts sold could be defective. In these instances, the company responsible for manufacturing them as well as their distributors could be liable.

Sometimes it is not always clear which party is at fault for bike defects. While the manufacturer often takes the brunt of the blame, there are often third parties that are equally to blame. After your serious motorcycle accident, contact Van Sant Law, for a consultation at 404-991-5950 or fill out an online contact form with your questions.