A defect in a motorcycle or one of its parts can cause serious accidents leading to long-term injuries and even death. If you or a loved one has suffered harm in a collision caused by a motorcycle defect, our experienced Schaumburg and Wheaton motorcycle accident lawyers are ready to help. We understand the immense worry and stress that often accompanies a motorcycle accident, but you can take comfort in the fact that we will handle your case competently and compassionately.Motorcycle Defects
Motorcycles are complex machines with many working parts and mechanical components that must be in safe working order. A motorcycle rider must trust that his or her vehicle is safe. Unfortunately, this is not always the case and people suffer serious harm when design or manufacturing defects lead to serious accidents. Motorcycle defects can take a variety of forms including, but not limited to:
- Defective brakes
- Defective handlebar
- Defective fuel line or tank
- Defective engine
- Defective tires
A person who has been injured due to a motorcycle defect might be able to recuperate compensation for a range of losses such as medical bills, rehabilitation costs, lost wages, pain and suffering, and any other damages the person suffered.Liability After an Accident Caused by a Motorcycle Defect
No damages can be recovered before liability is established. Not all motorcycle accidents are the result of unsafe driving. Rather, some motorcycle accidents caused by defective parts. If your accident was caused by a defective motorcycle part, you can likely seek damages through a products liability claim. Products liability law holds that any or all parties in the chain of manufacturing may be held liable for damage caused by the product defect at issue. These parties may include the manufacturer, the seller, the distributor, and more.
Depending on the type of defect at issue in your case, it could fall into one of three categories. A design defect refers to a flaw in the motorcycle’s original blueprint that causes it to be unreasonably dangerous to the user even if the user uses it as intended. A manufacturing defect refers to a flaw in how the motorcycle was made or produced. In other words, the motorcycle does not match the original design resulting in an unsafe final product. A marketing defect is one that fails to provide the user with proper warnings or instructions for safe use (i.e., failing to warn consumers of hidden safety hazards).
Products liability cases are often strict liability cases, which means in order to recover damages, it is not necessary to prove negligence. Rather, the case relies on showing that a product was defective before the seller or manufacturer released it into the stream of commerce and that defect caused the victim harm. This requires a thorough investigation.Time is Limited in Motorcycle Accident Cases
Illinois sets a statute of limitations in product liability cases. The statute of limitations refers to the legal time frame in which a claim must be filed in civil court. Under state law, a product liability lawsuit must be filed within five years for claims related to property damage and two years for personal injury claims. If you miss the deadline for filing your case, you will permanently lose the right to do so. Thus, it is imperative to work with an attorney who is well versed with legal deadlines in your case.Experienced Motorcycle Accident Lawyers Serving Wheaton and Schaumburg
If you have been injured in an accident caused by a motorcycle defect, you may be entitled to compensation for your losses. At Therman Law Offices, our motorcycle accident attorneys understand how stressful dealing with a motorcycle accident can be, which is why we will handle your case with the utmost compassion. We are here to answer your questions and address your concerns throughout the entire legal process. We proudly take on clients from Wheaton and Schaumburg, as well as communities including Bloomingdale, Roselle, Carol Stream, Lombard, Glendale Heights, Villa Park, Addison and Elmhurst. Call us today at 312-588-1900 or contact us online.