Defective Motorcycles Sold to Consumers

Defective Motorcycles

The investment in a motorcycle and the choice to entrust life and well-being to the best bikes on the road, automatically implies an expectation that during production and testing everything has been done to create a motorcycle that is trustworthy and safe. But when an accident happens and despite the horror of the idea, it is important to remember that defective motorcycles do hit the market. Even trusted companies can inadvertently sell bikes that have serious defective functions or parts.

  • Defective motorcycles can result from one or more defective parts.

  • Defective motorcycles can cause serious accidents when bikes malfunction and cause the driver to lose control.

  • Defective motorcycles have slipped through the production lines of major, trusted motorcycle companies such as Harley Davidson. The wobble that resulted from defects that created severe risks when the bikes reached high speeds has become notorious for the danger it created to bikers.

Motorcycle Companies Are Responsible for Defective Motorcycles

The responsibility for defective motorcycles lies with the company that produces the bike. Since customers purchase these motorcycles with the confidence in the promises of quality production and testing, the weight of communication about defects rests on the production company. Any failure to communicate concerns or defects to customers results in specific and dangerous liabilities.

  • Manufacturers are liable for defective parts or functions that create a defective motorcycle.

  • Manufacturers must properly communicate as soon as hazards are discovered.

  • Manufacturers carry complete responsibility for accidents that result from defective motorcycles.

Defective Motorcycle Cases Demand an Expert

Since the ramifications of producing a defective motorcycle are so vast to manufacturers, cases involving defective motorcycles can be extremely difficult. Additionally, the appropriate evidence for a defective motorcycle requires technical and engineering expertise that can be adequately incorporated into careful arguments and convincing presentations of details. Those who suspect a defective motorcycle as the cause of an accident should find a trusted representative to adequately gather and dispense the evidence that is necessary for the case to turn out in the favor of the individual over the large companies.

  • Motorcycle companies will fiercely fight any charges connected to defective motorcycles and accidents.

  • Victims of accidents involving defective motorcycles must seek out a skilled and experienced attorney to represent their case adequately and thoroughly.

  • An effective lawyer presenting a defective motorcycle case will consult technical and engineering specialists who will provide adequate evidence.

  • A committed attorney in a defective motorcycle case will carefully interpret and apply the technical data in order to defend the rights of the individual.

New Mexico Car Accidents

Car Accidents

Of the over three hundred million people in the United States, about six million will experience a car accident in 2013–That means one out of every fifty people in our nation. Car accidents in the United States are commonly viewed as simple collisions between two or more vehicles; however, that accounts for a smaller percentage of car accidents than you might think. Mechanical failure is also a huge factor in vehicular accidents, whether those failures result from a manufacturer defect, or from negligent auto maintenance. Accidents may result from environmental conditions such as hail or flooding, or from a poorly maintained road or parking lot. Unfortunately, nearly all car accidents in the United States are preventable, which means that in most cases it would be advisable to consult with a New Mexico personal injury attorney if you are involved in an auto accident. You may find that blame for the incident lies with any one of the following:

  • Vehicle manufacturer

  • Owner or maintainer of the property on which the incident occurred

  • Those responsible for creating any environmental hazard that contributed to an accident

  • Other drivers involved in that accident

  • Manufacturer of the vehicle component which failed prior to an accident

  • Individual or company which performed maintenance on vehicle which led to the collision

Car Accidents Due to Mechanical Failure

Two types of liability exist under the category of mechanical failure: liability against manufacturers, and liability against individuals or companies which service vehicles. News shows are rife with condemning stories on vehicle or component failures which cost lives. One of the most astonishing examples was Ford’s massive public indictment–which led to a recall–of the Ford Explorer. Those vehicles were improperly balanced, allowing them to tip over far too easily in some turn situations. The result may have been over two hundred deaths. The case also led to a recall from Firestone Tires, which severely damaged the company’s reputation.

Improper or negligent maintenance may also contribute to an accident. When a driver ignores his or her mechanic’s warnings to get a brake job, and those brakes fail, an accident–fatal or otherwise–may result. Other examples of negligent maintenance include:

  • Failure to get an oil change, resulting in destruction of the engine

  • Improper tire maintenance, leading to tire failure and resulting car accident

  • Allowing wiper blades to fail, obscuring driver vision during inclement weather

  • Rough driving, causing early failure of brakes, transmission, etc.

Car Accidents Between Two or More Vehicles

The most known cause of car accidents is, of course, a vehicular collision. Such collisions might be as simple as a scrape in a car parking lot, or as horrific as a high speed head-on collision. Factors known to result in vehicular collision are many, though the most common cause is impaired driving. Examples of impaired driving are all too familiar:

  • Drunk Driving

  • Texting or speaking on the phone while driving

  • Driving while fatigued

  • Driving while physically impaired due to injury or sickness

  • Driving under the influence of drugs, legal or otherwise

Assigning Fault in Pedestrian Accidents

Pedestrian Accidents

An accident in which a pedestrian is struck by a moving vehicle can be extremely devastating for the involved parties. Because of the much greater weight and force of the vehicle, the pedestrian will likely suffer serious injuries and may even be killed.

Although it is commonly assumed that any vehicular accident involving a pedestrian is entirely the fault of the vehicle’s driver, that is not always the case. There are a number of things a pedestrian can do that may cause or contribute to an accident.

  • Jaywalking – If a pedestrian attempts to cross a street in the middle of a block or in another undesignated area, the driver will not be expecting them and may not see them in time to avoid a collision.

  • Ignoring Crosswalk Signs or Traffic Signals – Even if a pedestrian crosses the street in a designated area, failure to yield to yellow traffic lights or blinking crosswalk signals may place them in the path of moving vehicles.

  • Walking in Forbidden Areas – Pedestrians may ignore signs barring them from walking along certain roadways or in restricted areas. For instance, a pedestrian may be struck while walking beside an interstate highway.

Driver Fault in Pedestrian Accidents

Despite the exceptions noted above, the majority of pedestrian/auto accidents are the fault of the vehicle’s driver. Since he/she is controlling a several thousand-pound mass of metal, he has the greater responsibility to avoid collisions. Unfortunately, drivers make a number of mistakes that can easily injure an unsuspecting pedestrian.

  • Driving Under the Influence – An obvious cause of any auto accident is an impaired driver. When someone gets behind the wheel without full control of their faculties, terrible things can happen.

  • Ignoring Traffic Signals – This can occur when a driver runs a red light, turns when pedestrian traffic has the right-of-way, or otherwise ignores the direction of a traffic signal.

  • Disregarding Crosswalks – A careless driver may neglect to slow for signs and pavement markings that indicate a pedestrian crosswalk.

  • Passing a School Bus – For unexplainable reasons, a driver in a hurry may pass a stopped school bus. Ignoring the flashing red light and other indications may cause the driver to strike a child who has just left the bus.

  • Careless Driving – Even if a pedestrian is in an inappropriate location, a driver should exercise reasonable caution to avoid a collision.