As I wrote about in my last post on motorcycle recalls, most recalls will not pay for any damage or injuries caused by defective parts. If there is not a current recall, hostile motorcycle companies will probably need to be sued by a Denver personal injury lawyer to achieve any kind of settlement. These types of lawsuit are divided into two types:
Defective vehicles or improperly manufactured or handled parts.
Unreasonably dangerous vehicle designs.
The first step in filing a lawsuit is to identify who the defendants will be. Will they be a large motorcycle company or a dealership? Should you file claim in your state or theirs? These are some issues which will greatly effect your case. For example, Colorado, you may have additional protections. Consult with a Denver injury lawyer about what kind of resources and planning will be required to sue.
Manufacturers are usually the largest company you can bring suit against. They may have overall responsibility and deep pockets. This means potentially a higher settlement and a high-power defense team.
Parts suppliers and manufacturers will be a primary defendant in a defective parts case. If the part came with your car, you should sue both the vehicle and parts companies separately.
Dealerships that sold defective parts and motorcycles may be liable even if you do not own the vehicle in question.
Middlemen and used car dealers may be liable in certain cases where they caused or were aware of the problem. State case law is not yet fully developed in this area, so a Denver accident lawyer can help you decide.
If you were injured by a defective motorcycle, even if it does not belong to you, you may still have grounds for a product liability suit. You do not have to choose just one type of law to bring a case under. If you were injured by a negligent driver, and a product defect contributed to the accident, you may bring both a personal negligence case against the driver and a motorcycle product liability case. Liability is usually proven by showing a breach of an express warranty (written guarantee), implied warranty (state enforced minimum standards of quality), or in some states, strict product liability, where you do not have to show the manufacturer should have known about the defect. In strict liability, you only have to show a defect led to your injuries. To win a personal injury claim, you will still have to prove that you were injured, that the vehicle was defective or dangerous, and that defect caused your injury.
If your claim is common and effects other people, there may be a class action lawsuit you can join. These lawsuits are beneficial because the lawyers are usually very experienced in these kinds of cases, and you will not have to personally deal with major costs or legal issues. Contact your own lawyer or the class action lawyers if you are considering joining such a suit.
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