Blog Post

How Motorcycle Defects Can Lead to a Personal Injury Case

Admin • Aug 30, 2019
Man Driving Motor  — Marlton, NJ — Borbi Clancy & Patrizi LLC

Motorcycle rides come with several inherent risks. However, even if a motorcyclist is doing everything they're supposed to do, an accident can still occur due to a defect or mechanical failure in the bike. Personal injury cases that involve product liability aren't always easy to navigate. Here is what you need to know about product liability issues that lead to personal injury lawsuits.

Understanding Motorcycle Defects

When a motorcycle accident happens because of a defective part or design, the personal injury case that results will fall under product liability laws. Just as with any mechanical device, a motorcycle contains several points of potential failure. Generally, there are three main categories of defects for motorcycles.


1. Motorcycle Manufacturing Defects

Motorcycles consist of numerous parts that must all work in concert to deliver a safe ride. If any one of those parts contains a flaw or problem that stems directly from the way it was made, then that part represents a manufacturing defect. Some of the more common types of motorcycle parts that can have these types of defects include:


  • Engines
  • Brakes and braking systems
  • Wheels and tires

Just about any part of a motorcycle can have a manufacturing defect. So don't assume it's not a product liability case just because it wasn't one of the more common components that failed.


2. Motorcycle Design Defects

When a motorcycle has a faulty overall design, it falls into the category of a design defect. In these cases, even if the manufacturer put the motorcycle together immaculately, a design flaw can make the entirety of the product faulty and dangerous. For example, if a motorcycle design includes an imbalance that can cost the bike to flip over at a certain speed, then that's a design defect.


3. Motorcycle Labeling Defects

Under product liability laws, labels, warnings, and other documentation are a part of the product itself. Warnings, labels, and instructions should point to potential dangers a rider wouldn't reasonably or automatically be aware of. For example, if a component of your bike heats up to the point where you can receive a severe burn, proper labels should warn you of the possibility.

All these types of motorcycle defects can lead to very serious accidents and injuries, yet the major issue with product liability cases stems from the need to prove that the defect directly, indirectly, or significantly contributed to the accident.


Proving Moto rcycle Defects

Insurance companies will want hard evidence and investigation. In many cases, they will want to know your maintenance routines and riding habits. For example, they may wonder if you experienced a defect or if poor maintenance habits contributed to the wear on a motorcycle component.

Practice safe riding habits and keep service records as well as documentation of every component you purchase for your bike. You should also periodically check for recalls related to your motorcycle or its components. If a manufacturer issued a recall in the proper way, but you ignored it or didn't know about it, then you can weaken your case.


One key thing you or someone you trust can do after an accident is to document everything that lead up to your injury. For example, if your bike felt a little off, or your brakes suddenly acted up, then someone should write down the details. This isn't always possible immediately after an injury, but it's something you should do as soon as you possibly can.

If you're in a moto rcycle accident , contact a legal group familiar with New Jersey personal injury laws. Don't attempt to take any action and don't speak to anyone about the accident before you speak to an attorney. Contact Borbi, Clancy & Patrizi immediately so we can help you figure out how to take the next step.

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