This post was most recently updated on January 13th, 2023
Motorcycle accidents often result in devastating injuries and a long road to recovery for victims. The journey may become even more complicated when it comes to finding liability for the accident. In many cases, motorcycle manufacturers are held liable for the damages caused by their products, but there are plenty of challenges associated with filing a lawsuit against them. Understanding these obstacles is essential for anyone considering legal action against a motorcycle manufacturer.
Here are some of the challenges you may face in filing a case against a motorcycle manufacturer for a motorcycle accident:
1. Establishing Negligence
It is necessary for a claimant to prove that the builder was negligent in some way or another, whether from an imperfection in some spares or failure to offer suitable warnings and directives. The challenge in establishing fault often lies in identifying the exact cause of the accident. Finding the liability in a motorcycle accident case requires thorough investigation and research, which can be challenging to perform, particularly if the accident happened a while ago.
2. Gaining Access to Evidence
Collecting evidence is a critical part of the process, as it can provide crucial evidence regarding fault and negligence. However, manufacturers may not be willing to provide the necessary documentation or allow access to the product. This can make it difficult for claimants to obtain the evidence needed to support their cases. If the evidence is unavailable, it might be challenging to prove that the manufacturer was responsible for the accident or that the product was malfunctioning.
3. Demonstrating Causation
The claimant must be able to show that the manufacturer’s negligence was the direct cause of their injury and damages. This can be difficult, as it requires proving that the accident would not have happened without the manufacturer’s negligence. Demonstrating causation can be incredibly challenging if other factors, such as negligence on the part of the motorcyclist, contributed to the accident.
4. Overcoming the Manufacturer’s Defenses
Manufacturers of motorcycles are usually large, powerful corporations with extensive legal resources. This makes it difficult for claimants to fight them in court, and they may be intimidated by the prospect. In many cases, manufacturers will try to reduce their liability by arguing that the motorcyclist was responsible for the accident or that there was no defect in the product. This can disadvantage claimants, as they often lack the resources to challenge the manufacturer’s legal defense.
5. Navigating the Statute of Limitations
The statute of limitations sets a time limit for filing a lawsuit against a manufacturer for a motorcycle accident. If the claim is not arraigned within this time frame, the claimant can be barred from filing the case in court. It is essential for claimants to be aware of the applicable statutes of limitation in their state and to file their lawsuits promptly.
Overall, claimants need to be aware of the challenges of filing a case against a motorcycle manufacturer and understand that success may not always be guaranteed. However, with suitable legal representation and a thorough understanding of the law, claimants may still be able to successfully file a claim and obtain the compensation from the manufacturer they deserve.
