Motorcycle Accidents Practice Area Page
Our city is a choice destination for small businesses, corporate giants, and people who just want a great place to live, work and play. As with any growing metropolis, the influx of residents means heavier traffic and more accidents. When a crash occurs, motorcycle riders and their passengers often sustain fatal or catastrophic injuries with lifelong consequences. If a motorcycle defect causes an accident, it’s often left to the injured person or their family to figure it out and force the manufacturer to take responsibility.
The most recent NHSTA Motorcycle Safety Facts report 5,286 motorcycle accident fatalities in a single year. These national statistics reveal that motorcyclists sustain fatal crash injuries at a rate 28 times that of private passenger vehicle occupants. NHSTA annual data also show that 88,000 motorcycles were injured in crashes. As with most crash analyses, the reports address accident details and causation but rarely discuss possible motorcycle defect connections.
Our attorneys realize that you might not know when a motorcycle defect caused your accident. While authorities concentrate on traditional accident causes, we understand that an effective investigation must consider all potential explanations. Motorcycle defect accident cases are a product/vehicle liability hybrid. Our attorneys understand the complex legal issues. We’re willing to make the diligent effort that’s necessary to make responsible parties pay. We’ve relied on our law firm’s resources and experience when we’ve investigated and evaluated our clients’ cases. We’ve done everything possible to get optimum results for our clients.
Our Firm’s Case Results
As personal injury attorneys, we ensure that responsible parties hear our clients’ voices. We have used our firm’s investigative resources and analytical skills as we’ve prepared our clients’ cases for defendant and insurance company presentations. We have made every effort to negotiate our clients’ cases. When responsible parties won’t cooperate, we’ve had no problem presenting a case before a judge and jury.
Each case has unique injuries and circumstances. We can’t guarantee a specific outcome but our track record of successful settlements and verdicts demonstrates our commitment.
What Injuries Do Motorcycle Defect Accidents Cause?
NHTSA Motorcycle Traffic Safety Facts show that based on vehicle miles driven, motorcyclists were far more likely to die in an accident than other vehicle drivers. Motorcycles and their passengers are vulnerable because they don’t have the same protections as trucks and private passenger vehicles. As riders are usually thrown from their motorcycles, their injuries are often fatal or catastrophic
- Spinal cord trauma and paralysis
- Traumatic brain injury
- Back and neck injuries
- Severe abrasions and contusions
- Dislocated and herniated discs
- Skull, facial, and multiple limb fractures
- Traumatic amputations
- Internal organ injuries
- Fatal injuries
Who Is Responsible When A Motorcycle Defect Causes an Accident?
Under product liability statutes, a motorcycle manufacturer is strictly liable for injuries caused by a defective motorcycle. Other entities often have a liability exposure as well. Helmets reduce injury severity, but motorcycle and helmet manufacturers must comply with FDOT/FMVSS safety standards for creating a safe product. Depending on the accident circumstances, other vehicle drivers often share liability for damages.
- Motorcycle manufacturer – Manufacturers must meet Federal Motor Vehicle Safety Standards and comply with Early Warning defect reporting guidelines. Manufacturers are still strictly liable for injuries caused by their defective products
- Seller or leasing company – A seller or lessor shares liability for a motorcycle defect if they knew the defect existed, altered the motorcycle, made a warranty or committed other acts or omissions.
- Motorcycle Maintenance – When an independent service contractor maintains or repairs a motorcycle, they are legally responsible for their errors or omissions.
- Other drivers – When a motorcycle/vehicle accident occurs, the NHTSA usually finds that the other driver violated the motorcycle driver’s right of way. Whether or not a defect is involved, vehicle drivers share responsibility for their negligent actions.
- Helmet manufacturer – Motorcyclists wear helmets for protection against head injuries. Helmets must comply with DOT/FMVSS Standard #218 minimum helmet safety standards. Despite compliance, if a helmet defect contributes to an injury, the manufacturer is strictly liable.
What Damages Can a Motorcycle Defect Injury Victim Recover?
Our attorneys work to recover economic and general damages for our clients. When evidence proves a defendant acted fraudulently or with malice or gross negligence, a judge or jury may also award exemplary or punitive damages.
Economic damages are based on actual expenses incurred and calculated future expenses.
- Current and future income losses
- Lost earning capacity
- Medical expenses
- Prosthetics and mobility devices
- Physical and mental therapy
- Transportation costs
- Personal and household assistance
- Funeral and final expenses
We evaluate our client’s general damages based on their personal expressions of how injuries and disabilities affect their life and lifestyle. General damages include a variety of factors.
- Pain and suffering
- Emotional distress
- Diminished spousal relationship
- Diminished interact with and care for family
- Loss of bodily functions
- Scars and disfigurement
What Defenses do Responsible Parties Assert?
When motorcycle manufacturers and other entities defend liability claims, they protect their reputations and deter future cases. Vehicle drivers often defend liability or damages issues. When our firm sues to recover our clients’ damages, defendants, insurers and their legal representatives rely on a variety of affirmative defenses.
- No Negligence – When a driver’s insurance carrier denies liability, they often rely on a no negligence court defense.
- Comparative Negligence – Defendant drivers assert a comparative negligence defense. In some instances, an injured person’s comparative negligence prevents them from recovering damages. In others, a jury or judge reduces the injured person’s damages by their negligence percentage. This defense does not apply to a motorcycle or helmet manufacturer.
- No Defect – Product manufacturers are often held strictly liable when a defective product design or manufacturing defect causes injury. The manufacturer is also liable if they didn’t warn of a known defect. Even after a recall becomes general knowledge, motorcycle manufacturers still defend their companies by denying a defect or malfunction.
Call Our Law Offices
If you sustained serious injuries or your loved one was killed in a motorcycle accident, we want to help you. Our firm has helped injured motorcyclists learn if a defect caused or contributed to their accidents. We’ve recovered millions in damages for our client’s injuries and we’d like to help you. When you call us or complete our online contact form, we’ll arrange a free consultation by phone or in person and determine if we can help you.