Motorcycle accidents can cause catastrophic injuries and deaths to motorcyclists. Injuries sustained in these accidents may include paralysis, limb loss, brain and organ damage, and shattered or fractured bones. When a motorcycle accident was caused by a defect in one of the vehicles involved or by driver negligence, the injured motorcyclist or deceased motorcyclist’s family may be entitled to compensation through legal action.
If you have been injured or one of your family members has been killed in a motorcycle accident and you suspect that your injury or loved one’s death was caused by a defective vehicle or driver negligence, you may be entitled to recover damages from those responsible for your injuries or loved one’s death. The Killino Firm’s Miami, Florida, motorcycle accident attorneys have extensive experience with all types of motor vehicle accident cases, including those arising out of injuries or deaths of motorcyclists caused by vehicle defects or driver negligence. Contact The Killino Firm at 305-559-6340 for a cost-free evaluation of your case and additional information about your legal rights and options.
Legal Liability for Injuries or Deaths of Motorcyclists Caused by Driver Negligence or Defective Vehicles
Motorcyclists may be injured or killed in traffic accidents as a result of the negligence of one or more of the drivers involved in a multi-vehicle crash, defects in one or more of the vehicles involved, including the motorcycle, or defects in a motorcyclist’s safety equipment. In some cases, driver negligence may combine with a vehicle or safety equipment defect to cause a motorcyclist’s injuries or death.
Liability for Deaths or Injuries Caused by Motorcycle or Other Vehicle Defects
Product liability law provides a remedy for victims who have been injured or killed as a result of product defects. Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, the strict liability form of product liability action is usually employed to recover damages for personal injuries or deaths caused by a product defect. Strict liability actions afford plaintiffs the benefit of being able to establish a defendant’s liability without having to prove that the defendant was negligent in producing the defective product that caused a victim’s injury or death or in releasing it to the market. Defective motorcycles and other motor vehicles are among the products whose defects can result in the liability of certain defendants for injuries and deaths caused by the vehicles’ defects.
The manufacturers, designers, and others involved in a motor vehicle’s production may all be found strictly liable for injuries or deaths caused by a motor vehicle’s defect. Defects leading to strict liability can occur at the design or manufacturing stage of production or as a result of the failure to warn of certain dangers associated with the vehicle’s use. Defects in motorcycles and other motor vehicles may be found to have occurred as a result of a manufacturer’s or designer’s failure to comply with Federal Motor Vehicle Safety Standards (FMVSS) established by the National Highway Traffic Safety Administration (NHTSA) for motorcycles and other motor vehicles manufactured in, sold in, or imported into the United States. A vehicle may still be found defective, however, even when a manufacturer has complied with these regulations or with current industry standards for vehicle design and production.
In some cases, a motorcyclist’s injuries are found to have been enhanced (increased beyond what they might have been) as a result of a defect in the motorcyclist’s safety helmet. In such cases, the manufacturer of the defective helmet and others in the chain of the helmet’s distribution may be found strictly liable in a product liability action for the motorcyclist’s enhanced injuries.
Liability for Injuries or Deaths Caused by Driver Negligence
Motorcycle accidents are often found to have been caused by the negligence of drivers of other vehicles involved in the accident. Drivers of all motor vehicles have a duty to keep a proper lookout for motorcycles and to exercise due care for the safety of motorcyclists with whom they share a road or highway. The failure of a driver to give a motorcyclist the right of way often causes such vehicle accidents, leading to the negligent driver’s liability for the injury or death sustained by the motorcyclist as a result. A driver’s violation of a traffic law or rule of the road may be found to constitute negligence per se on the part of the driver and result in the driver’s liability for a motorcyclist’s injury or death if the driver’s violation of the law or rule is determined to have been a cause of the motorcyclist’s injury or death.
If you have been injured or one of your family members has been killed in a motorcycle accident as a result of driver negligence or a defect in one or more of the vehicles involved, The Killino Firm’s Miami, Florida, motorcycle accident attorneys can help you obtain the compensation you deserve from those who are responsible for your injuries or loved one’s death. Contact The Killino Firm at 305-559-6340 for expert and experienced assistance with your motorcycle accident case.