Maison Law helps people that have been hurt in motorcycle accidents throughout California by answering their questions about the claims process. A big question that any victim has to answer is pretty simple: who do I sue? The answer depends on the circumstances, but there’s a lot of different people and groups that could be liable. Our team can help you figure out who you need to file against, then support you. Contact us today for a free consultation to get started.
Can You Sue a Motorcycle Manufacturer After an Accident?
The key thing to know about being in a motorcycle accident in California is that the law gives you the ability to file a claim against whoever caused the accident and your injuries. In legal terms, this is known as “negligence.”
However, it’s not always straightforward, and depends on the circumstances. So, yes, you can sue the maker of the motorcycle and its parts if a defect or malfunction caused the accident. Generally, this happens when:
- Brake failures
- Unstable frames or chassis
- Tire defects
- Electrical issues, especially with the throttle
- Problems with the fuel system
- Poor assembly
Remember, anyone else involved in the accident could also share liability. Usually, this involves someone driving a car, but you yourself could also share some of the liability if you were speeding or riding in between lanes.
How Can You Strengthen Your Claim Against a Motorcycle Manufacturer?
After the accident, your actions are going to become very important–particularly in a situation where the accident was primarily caused by the manufacturer. At that point, it’s about taking steps to strengthen your claim. Here’s what you’ll need to do:
- Call 911 – Your health should always be the first priority, so call 911 to get medical help right away, even if you feel fine. Some injuries might not show up immediately, and EMTs can provide emergency care at the scene to stabilize you. This also creates a medical record of your injuries.
- Call the police – If you’re able, call the local police and have them respond to the scene. They’ll manage it and help you gather information.
- Collect information – This part is going to be crucial. Use your phone to take pictures or videos of the motorcycle, defective part, injuries, and accident scene. If there are witnesses, grab their contact information, also.
- Save your evidence – Keep receipts, medical bills, and any paperwork related to the accident. Don’t repair your motorcycle until an expert has inspected it.
- Be careful with statements – Don’t overshare with the manufacturer’s or insurer’s reps. Stick to basic facts and avoid posting about the accident on social media.
Taking these steps makes it easier to prove how the defect caused your accident and helps strengthen your case against the manufacturer. From there, though, you’re going to have to file a claim to recover damages.
What Damages Can You Recover in a Motorcycle Accident Claim?
Once you’ve established that the manufacturer is the main party responsible for your accident, you can move forward with filing a claim to recover your losses, also known as “damages.” You can sue them in civil court by filing a lawsuit, which can help you recover things like:
- Medical expenses and ongoing care needs
- Lost income or lost earning potential
- Repair/replacement costs for your damaged property, such as your motorcycle, gear, or clothing.
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Wrongful death expenses in a fatal accident
Remember, California has a two-year statute of limitations for filing a motorcycle accident claim. Missing this deadline means you can’t recover any damages, no matter how strong your case is.
How Will Maison Law Help You in a California Motorcycle Accident Claim?
Motorcycle accidents often result in serious injuries because of the lack of protection for riders, but this is often made worse when the manufacturer is responsible for the accident. If your injuries are minor, you may not need legal help. However, for more severe cases, hiring a lawyer can make all the difference. Here’s how our team of California motorcycle accident lawyers at Maison Law can help you:
- Explaining your legal rights and options.
- Looking into the accident to figure out what happened and how responsible the manufacturer is.
- Collecting and putting evidence together for a strong claim.
- Managing all talks with insurance companies to protect your claim and avoid mistakes.
- Negotiating with the manufacturer’s insurance company for a fair settlement.
- If a fair settlement isn’t possible, we’ll take your case to court and represent you in a lawsuit.
We’re here to make the process as smooth as possible for you and your family. A motorcycle accident can be overwhelming, but having our team on your side can make all the difference. Contact us today to set up a free consultation.
