The majority of motorcycle accidents end in severe injury or death to the motorcyclist. As a result, safety is of paramount importance for motorcyclists as well as motor vehicles. However, when the accident's cause is no fault of the drivers and points to a defect by the manufacturer, no amount of precaution or safety can stop the accident from happening. This article will discuss when motorcycle accidents are the result of a manufacturer’s defect.
In most cases, it is only after the occurrence of the accident and an investigation that it is determined that the cause of the accident has something to do with a defect in manufacturing. Generally, choosing who is responsible for the accident can be difficult and complicated. As a result, it requires an experienced, knowledgeable and skilled personal injury attorney Wasilla Ak. This is especially so when it comes to fighting legal battles that deal with large companies like manufacturers.
It is important to note that motorcyclists are 20 times more likely to lose their lives when an accident happens with a motor vehicle. And five times more likely to suffer injury in an accident collision.
In Alaska, a motorcyclist is required to have a license to ride a motorcycle. According to the Alaska DMV [Page, Division of Motor Vehicles, Department of Administration, State of Alaska], ‘the operator of any motorcycle with an engine displacement of 50cc or more must have a class M1 or M3 license, in addition to the regular license’. Such a license is obtainable by a DMV road test or an approved motorcycle class. However, when an accident results from a design or manufacturing defect on the motorcycle, no amount of safety precautions or experience can stop the accident from happening.
Design or manufacturing defects found in motorcycles can result from some parts or materials used being defective. It could be that these parts on materials are defective in their design or as a result of the creation process of some portion of the whole product cycle. Where the issue is with the design, it basically means that the whole vehicle may have been planned or manufactured in error, and thus an injury was waiting to happen. The defect exists with the manufacturer; it could be just one portion of the whole product being affected; it may be because of this one alteration or piece that the injury happened.
In some instances, manufacturers become aware of the defects and issue a recall on specific models of motorcycles. When this happens, motorcycle owners have the opportunity to have the motorcycle defect fixed or have the motorcycle replaced. However, when a deficiency causes an injury by way of an accident, the motorcyclist may be eligible for compensation through a motorcycle personal injury claim. Such a claim provides financial assistance for the injury and losses that the motorcyclist suffered due to the accident.
Ultimately, it is essential to prove that the accident and injuries that ensued resulted from a design or manufacture defect; for the victim to receive compensation.