Chances are you were attracted to motorcycles over cars and trucks partly because of their enhanced maneuverability. This feature, unfortunately, can also be the source of accidents. In some cases, passenger vehicles assume that a Maine motorcyclist will maneuver out of the way, rather than treating them like any other vehicle. A motorcyclist may not realize that this is the other driver's assumption and wind up in crash. In other cases, a motorcyclist may be injured in a crash caused by a motorcycle part that was designed to increase maneuverability, but that does not function properly. If you were hurt in an accident like one of these, the experienced Maine motorcycle accident attorney at Peter Thompson & Associates can assess the facts of your case to determine whether you have a viable lawsuit, and help you hold the parties responsible accountable for your damages.
Product Liability in Motorcycle CrashesOne of the most important aspects of safely maneuvering on your motorcycle is making sure it is operating as well as possible. This means you may need to take it in to the shop to get it maintained. What if you have maintained your motorcycle and you got into an accident anyway? There are instances in which a technician may have provided a defective replacement for a component of the vehicle. Providing a defective replacement for your brakes, for example, can be a fatal error.
In June 2012, there had already been 50 motorcycle recalls involving multiple manufacturers that year. The defective products included failing brake pads, overheating engines, leaking fuel tanks, handlebars that moved improperly, and more. If a manufacturer puts a defective brake pad or other component into the stream of commerce, it can be held responsible in Maine under a strict liability standard. This is an easier standard for plaintiffs to meet than negligence, because the manufacturer's duty to the consumer is assumed. A plaintiff must simply show the product was defective when it left the manufacturer's custody and that it caused your injuries.
If a defective component affects your maneuverability while you are trying to avoid a hazard and you are in a serious accident as a result, you may be able to bring a lawsuit against more than one party. You may have a claim against the manufacturer, but you may also have a claim against a motorcycle repairman who should have known of the manufacturer's recall, and also against anybody on the road whose actions forced you to have to make a sudden movement or brake too quickly.
For example, if a store places its sign too far out in a road, thereby creating a blind intersection, you may be forced to brake suddenly to avoid a distracted driver who fails to yield the right-of-way. If your brakes then fail due to a defect that was subject to a recall notice, you can potentially bring a lawsuit against the store, the distracted driver, the repairman, and the manufacturer of the brake. These types of cases can be complex, and can involve multiple standards or theories of liability. It is critical to retain an attorney who understands motorcycle culture and has in-depth knowledge of Maine motorcycle laws.
Seek the Compensation You DeserveIf you were hurt while trying to maneuver your motorcycle around a hazard or simply while riding, you should retain a trustworthy Maine motorcycle injury lawyer. We can help you obtain the financial recovery you deserve for your injuries by figuring out the cause of the accident, naming all responsible parties in your lawsuit, negotiating with insurers, and taking your case to trial if necessary. To schedule your no-cost initial consultation, contact Peter Thompson & Associates at 800.804.2004 or via our online form.