Motorcycle Defects and Recalls in Leander
Riding a motorcycle, as with any other transportation device, carries some amount of risk of injury. Sometimes those injuries come from the rider or others on the road driving in an unreasonable manner, and sometimes not. Accidents, after all, do happen. What should never happen is an injury due to a defect in the motorcycle itself.
When you have been injured in this manner, an attorney with experience handling motorcycle defects and recalls in Leander can help you receive fair compensation for your injuries. Our motorcycle accident attorneys are ready to handle your claim.
What to Do After an Accident Due to a Defect
After experiencing a major accident, it is common for participants to be in a state of shock. However, actions immediately after a collision can have an effect on an injured person’s ability recover, so it is important to have a plan in place. In the event of a motorcycle accident that may be due to a product defect:
- Quickly examine everyone at the scene to see if anyone needs emergency medical attention
- Call the proper authorities and file a police report
- Obtain the contact information and a statement from any witnesses to the accident
- Go to a hospital or see a doctor
- Keep the motorcycle and all its related pieces
- Gather all paperwork related to the motorcycle
- Contact an attorney
Even if a lawsuit is not ultimately necessary, a Leander attorney that regularly deals with motorcycle defects can evaluate the case and determine the best avenue to pursue next.
Product Liability for Motorcycle Defects
In Leander, a defect or recall in a motorcycle is a form of product liability. Product liability, which is covered in Texas Civil Practice and Remedies Code § 82, is a broad term that applies to any lawsuit where a person injured through the use of a product sues the manufacturer or seller.
Products liability can draw on a variety of legal theories, including negligence. Negligence requires the injured person to prove the manufacturer had a duty to act in a certain way but failed to do so, usually because they acted unreasonably or carelessly. That failure must also have been what caused the injuries to the user of the product. Negligence can sometimes be difficult to prove in products liability cases because the manufacturer’s failure to meet its duty may have happened years before the accident that led to the injury.
Fortunately, state law allows for other ways to prove a product liability case as well. For example, according to Texas Civil Practice and Remedies Code § 82.005, a person injured by a defect in a motorcycle can recover from the motorcycle’s designer if they can show there was a safer way to design the motorcycle and the defect in the design caused the motorcyclist’s injuries. Importantly, unlike in negligence, the injured person does not need to prove the manufacturer acted unreasonably, badly, or with impure motives. The mere fact that there was a safer design available that would have prevented the injury is sufficient for a full recovery.
Call an Attorney in Leander Today for Help with Your Motorcycle Defects and Recalls Case
When you have been injured by a defective motorcycle, you may be overwhelmed with the prospect of facing a large corporation. Reach out to a lawyer with experience handling motorcycle defects and recalls in Leander. We can work to help you get a fair recovery for your loss.
