Often times roadway accidents are caused by factors unrelated to the conduct of any particular driver. For example, an automobile accident can occur due to a defect in someone’s vehicle or a motorcycle accident can be caused by something like defective tires. Some motorcycle accidents are even caused by defects in the safety equipment worn by the motorcycle riders that was supposed to protect them.
If you’ve been injured in a motorcycle accident that you suspect was due to defective equipment on your bike or in the safety gear you were wearing, you should contact one of our California personal injury attorneys as we have experience in finding who or what is at fault in motorcycle accidents. It is possible that a manufacturer may be responsible for your injuries caused by a defect under the category of law called ‘product liability’.
When a manufacturer produces a defective product, that company could be held liable for any injuries the product causes. If you have become injured in a car, truck or motorcycle accident due to some type of defective equipment, you should contact a California personal injury attorney as soon as possible because you may be able to file a product liability claim. This type of claim to help you obtain monetary compensation for your injuries and related damages you have suffered.
Defective Motorcycle Equipment
On a motorcycle, there is no safety equipment present that protects riders from hazards and injuries of the road like there is on cars. For instance, a motorcycle operator is not protected by an airbag if something goes wrong. When a motorcycle is hit in traffic or takes a spill, the body of the operator and any passenger riding along takes the majority of the impact.
Many motorcycle accidents in California are due to the motorcycles having defective equipment and parts. Defective brakes, throttles, shock absorbers and tires are some of the main causes of preventable motorcycle accidents. When a motorcycle’s brakes are malfunctioning, the operator cannot stop quickly. If the shock absorbers are faulty, it can lead to a driver losing control on a bumpy road. A fault with a throttle can cause speed fluctuations in traffic that can easily lead to a serious accident.
Motorcycle helmets and other protective gear such as jackets and boots also can be defective. A helmet that fails to provide adequate protection can lead to a very serious injury such as a traumatic brain injury and even death. A motorcycle helmet that obscures the vision of the operator can easily lead to a horrific accident. A motorcycle jacket that is supposed to remain intact in an accident can tear apart and rip due to not being made correctly. This can expose the wearer to direct contact with the road, resulting in severe lacerations, contusions, road burn and other injuries.
Attempting to prove that motorcycle equipment is faulty can be difficult to say the least. This is why you should seek the assistance of a qualified and experienced attorney that understands motorcycle accidents and who knows the important role defective equipment on a bike plays.
Motorcycle Accident Injuries
Motorcyclists hurt in accidents caused by defective equipment can suffer all types of injuries including:
Traumatic Brain Injuries – A traumatic brain injury or TBI is sudden, physical damage to the brain. In the US, most traumatic brain injuries are sustained in motor vehicle accidents, including accidents involving motorcycles. A serious head injury such as this can cause cognitive impairment, forgetfulness and problems related to decision-making and judgment.
Spinal Cord Injuries – Unfortunately, spinal cord injuries are common among motorcycle riders. These types of very serious injuries can cause herniated discs, nerve damage and partial or total paralysis. A spinal cord injury patient often is in need of long-term physical therapy or chiropractic care. In addition to the physical pain and suffering a spinal cord injury causes, it also may result in the victim experiencing mental or emotional problems such as anxiety, PTSD or clinical depression.
Broken Bones – It is common for victims of motorcycle accidents to suffer broken bones. A severely broken bone can leave a person with long-term disabilities as well as psychological pain and suffering. In addition to medical expenses and lost earnings due to missed work, a victim may also face rehabilitation costs as he or she slowly regains strength and mobility.
Amputations – A motorcycle accident between a car and a bike can lead to severe extremity injuries that can result in an amputation being necessary. It is common for a crushing injury to damage the vascular system wherein an amputation must be done in order to save the victim’s life. An amputation victim may need physical therapy for the rest of his/her life. If the accident was caused due to some type of defective motorcycle equipment, the victim can file a lawsuit against the manufacturer of the equipment in order to gain compensation and to help ensure that what happened to them, won’t happen to someone else.
Crushed Bones – Crushing bone injuries are often sustained in motorcycle accidents. These types of serious injuries can lead to life-long impairment and disability wherein victims may no longer be able to work or enjoy partaking in everyday activities.
Torn Ligaments – Many victims of motorcycle accidents suffer torn ligaments in the knees, elbows, wrists and ankles. Surgery, physical therapy and other treatments needed for these types of injuries are often expensive. Sometimes people with torn ligaments find that they never fully regain use of the affected body parts.
Defective Automobile Equipment
Regardless of governmental regulations of motor vehicle design and manufacturing, automobiles are frequently recalled due to defective parts that can result in accidents. Unfortunately, these recalls almost always happen after many people have been very seriously injured or killed due to defective auto parts. Under law, motor vehicle manufacturers are obligated to ensure that the products they sell are safe when used as intended. When accidents occur due to defective equipment on vehicles, the injured parties can file product liability lawsuits against the manufacturers of the automobiles they were riding in.
If you’ve been injured in a car or truck accident that you suspect was due to defective equipment, you should contact a personal injury attorney as soon as possible. You may be able to file a product liability lawsuit against the manufacturer of the fault equipment so that you can gain compensation for:
- Medical expenses
- Lost wages due to not being able to work
- Disfigurement or permanent impairment
- Mental or emotional pain & suffering and,
- Other damages related to your injuries
You may be able to file a wrongful death claim against a manufacturer if you’ve lost a loved one in an accident that was caused by defective equipment. You may very well be eligible to seek compensation for:
- Funeral and burial expenses
- Loss of the deceased family member’s earning capacity
- Loss of care and support due to your loved one’s passing
- Loss of companionship
- Mental anguish and,
- Exemplary damages
Defective Automobile Equipment
Although most car accidents are caused by driver error, there are many automobile accidents occurring due to defective equipment on vehicles. Some of the most common types of auto defects that cause accidents include:
- Defective tires
- Problems or malfunctions of brakes and their components
- Malfunctioning gas pedals
- Faulty brake pedals
- Unsafe automobile design wherein certain vehicles are prone to flipping and rolling over
- Electrical faults which lead to vehicular fires
- Faults with Airbags
Defective equipment on automobiles lead to many roadway accidents in California each year. Many victims of these accidents suffer from a range of injuries with some being severe in nature. Those with the most severe injuries often require extensive medical treatment and rehabilitation. Some accident victims miss time off from work, others can only work at a limited capacity and some find they’re never able to return to work at all. Among the most common injuries related to defective equipment on cars and trucks include:
Head Injuries – A hard blow to the head can damage the brain either temporarily or permanently. In some head injuries like mild concussions, the damage can repair itself after a period of rest. Other more serious head injuries such as traumatic brain injuries (TBI) can dramatically affect the victim. A TBI sufferer can experience memory problems, mood swings, changes in personality and the inability to make decisions.
Neck and Back Injuries – Vehicular accidents are the leading cause of neck and back injuries. Whiplash is one of the most common neck injuries suffered in car crashes. This injury usually happens after a vehicle stops quickly. For instance, if a vehicle with faulty brakes strikes another car from behind, the driver or passenger in the front vehicle can suffer whiplash wherein the ligaments and muscles in the neck are stretched and then snapped back into place. Some of the most serious back injuries suffered in car crashes involve damage done to vertebrae and the spinal cord. The victim of this type of life-changing injury could face years of medication, medical treatment and rehabilitation. He or she also could become partially or fully paralyzed wherein he/she is confined to a wheelchair.
Chest Injuries – In an accident that results in a vehicle becoming compressed by the collision, ribs, sternum and other bones in the chest region can be crushed or fractured. If an airbag in a vehicle fails to inflate, it can cause severe chest injuries when the upper body comes into contact with parts of the car’s interior such as the steering wheel or dashboard.
Knee and Leg Injuries – Knees and legs can become lacerated, broken or crushed when car doors are smashed in or when airbags fail to deploy in an accident. Many car accident victims suffer from ligament damage in their knees due to being involved in front-end and side impact collisions or when rear-ended by other vehicles.
If you’ve suffered a catastrophic injury in a car accident you suspect was due to faulty equipment, contact our California personal injury law team as soon as possible. You may be able to file a product liability claim so you can obtain compensation for your injuries. It could be that you are unable to work due to what has happened. It is likely that you face a variety of medical and rehabilitation expenses. You also may suffer from mental, emotional and physical distress. We will fight for your rights under California law to ensure that you receive fair and just compensation for what has happened to you.