Published by J.A. Davis & Associates – San Antonio / McAllen Personal Injury Lawyers – Motorcycle Accidents

Defective Motorcycle Parts – Bike Accidents

If a defective bike or car caused the wreck, then the manufacturer could held accountable. If a drunk driver caused the fatal accident, then the drinking establishment that over-served the driver may also be held responsible. When sorting through all of the possible reasons a deadly motorcycle accident happened, you need the help of a seasoned motorcycle accident attorney who knows how to conduct a timely and professional investigation. At our law firm, our attorneys have been investigating and litigating motorcycle accident cases for 20 years, and we leave no stone unturned in identifying all of the liable parties and finding the evidence to make sure they are brought to justice. We also know how important it is to investigate quickly before the evidence at the accident scene changes or is altered. As soon as we’re hired, we race to the scene of the accident to begin our investigation finding and questioning witnesses, sequestering and examining all of the vehicles involved, locating and viewing any video or photographic evidence, measuring the distance between skid marks and the point of impact, and sorting through all of the available physical evidence.

Motorcycle Accidents Involving Drunken Drivers

As we mentioned earlier, when a motorcycle accident involves a drunken driver, in some instances, a lawsuit can be filed against the bar or restaurant that served the driver past the point of intoxication. In the state of Texas, a person is considered to be legally intoxicated when his or her blood alcohol concentration exceeds .08 percent. It’s illegal for such a person to even be in public, let alone operating a motor vehicle. Thus, drinking establishments must takes measures to ensure that their patrons do not reach this level of intoxication. When they fail to attempt to do so and recklessly serve patrons past the point of intoxication, they are just as liable for any damage as the driver themselves. If a motorcyclists drinks past the point of noticeable intoxication at a drinking establishment and then injures or kills him or herself in a wreck, then the victim or the victim’s loved one can file a first party dram shop case against the negligent bar. However, if a drunken motorist runs over a motorcyclist, then the biker or his or her family can pursue a third party dram shop claim against the drinking establishment, as well as, the driver. The concepts hold true for personal injuries and wrongful deaths. In addition to motorcycle accident litigation, Our law firm has also been handling dram shop cases for 20 years, so again we can make sure all liable parties are brought to justice.

Defective Motorcycles and Product Liability

Some motorcycle accidents occur as a result of defective motorcycles – especially in recent years as boutique shops started sprouting up across the country, making one-of-a-kind bikes. Unfortunately, as the old saying goes, “when something goes wrong on a motorcycle, it goes very wrong.” Riding a well-maintained and constructed motorcycle is a difficult task. When a bike is defective, the biker may put into danger at astonishing speed.

When motorbikes are sold with design or engineering flaws that lead to accidents, then the victims may pursue compensation from the manufacturer through a product liability lawsuit. Moreover, if a component part breaks down during use, like the brakes, a tire, or a chain, the victim can pursue compensation from the maker of the part and the bike. Thus, in many cases, there will be multiple defendants, with liability divided among them according to their degree of liability.

As if that doesn’t sound intricate enough already, you must be able to prove a product liability claim with concrete evidence. If a broken brake line, caused your wreck, it’s not enough to say your brake line broke. You need the help of a qualified engineer who can examine the defective machine, determine why it failed, and then testify as to the source of the problem in court in such a way as to convince the jury of your right to compensation from the manufacturer of the motorcycle. Furthermore, the vehicle must be locked down and preserved to be admissible in court.

In case you thought otherwise, expert witnesses don’t hang around outside the courthouse waiting to testify. It takes years of experience handling similar cases to develop relationships with the right expert witnesses. After two decades, our motorcycle accident lawyers have built consulting relationships with a wide variety of mechanical, engineering, and medical experts we have learned to depend upon to help us win motorcycle accident litigation.

Lack of Zen in Motorcycle Maintenance and Representation of Condition
When a professional mechanic has been charged with the care of the vehicle and fails to provide proper service, leading to an accident, then a personal injury or wrongful death lawsuit can be filed against the mechanic. This is a particular problem when it comes to motorcycles, since many mechanics are self-trained and unsupervised.

In other cases, someone may try to pass off a damaged bike in a sale when they know it is dangerous. To illustrate, we recently represented a man, who had been sold a bike only to immediately notice it didn’t seem to be handling properly. Thus, he took it directly to a repair shop and learned the triple tree was cracked, the radiator was not assembled properly, and the frame was not only damaged but had been concealed with tape and spray paint. The dealership tried to trick him into taking a previously wrecked bike off their hands. As it is, the dealership had violated the Deceptive Trade Practices Act, but if he had gotten into an accident, then the dealership would have been on the hook for punitive damages.

Overcoming Bias in Motorcycle Accidents
Years of inundation by the media and many less-than-savory motorcyclists has created a negative preconception of bikers for many Texans. People are inclined to believe that bikers are reckless motorists who are inclined to lawlessness, speeding, and careless riding. It’s not easy to get a jury to overlook these prejudices. Moreover, insurance adjusters and defense lawyers know about the common misperceptions about bikers and will try to use it to their advantage, hoisting as much of the blame as possible on the motorcycle rider. If they can convince the jury that the victim was more than 50 percent responsible for the wreck, then they can avoid all liability in the state of Texas.