May 30, 2017

When a Motorcycle Accident Lawyer in Miami Pursues Manufacturers

Motorcycle riders are often unfairly perceived as reckless—prone to speeding, weaving through traffic, and acting carelessly. However, the simple reality of driving with minimal protection compels many riders to be considerably more cautious than the average car driver.

This societal perception can significantly influence the outcome of your case and the determination of a fair settlement. This is why it is crucial to have a motorcycle accident lawyer in Miami who can anticipate and counteract these biases to ensure your representation is complete and professional.

Was the Accident Caused by a Manufacturer Defect?

While not the norm, manufacturer defects are sometimes a key factor in an accident. This may involve:

  • Recent Recalls: Sometimes, the problem is already covered by a recent recall.
  • Novel Lawsuits: Other times, you may be among the first to file suit, which requires a legal team capable of hiring the necessary technical experts.

The cause of an accident is often a combination of factors. It is the job of an experienced lawyer and other professionals to determine precisely the impact of each element. But what must an attorney prove to move forward with a defective product claim?

Meeting the Burden of Proof

To file a successful claim, you must meet a rigorous burden of proof. Your motorcycle accident lawyer in Miami will guide you through these requirements:

  • Direct Link to the Defect:
    • This requires accident reconstruction and an exhaustive analysis of the motorcycle to prove the defect existed at the time of the crash and was the cause.
  • Absence of Driver Negligence:
    • You must prove you did not act negligently, or if minor negligence occurred, that it was not the cause of the injuries resulting from the defect.
  • Significant Injuries Sustained:
    • Although a defect causing minor damage to the bike would warrant a claim for repair, manufacturer negligence lawsuits are typically viable when significant injuries have occurred that justify the cost and time of complex litigation.

Comprehensive Cost Evaluation

A just settlement goes beyond immediate medical bills. Your legal team must evaluate both short- and long-term costs:

  • Objective Costs: Current medical and rehabilitation expenses.
  • Long-Term Impact: The need for ongoing physical therapy, the possibility of permanent disabilities, and the loss or reduction of future income-earning capacity.

Immediately following an accident, if possible, the priority is to document the scene: get witness information and pictures. If you are unable to do so, an attorney can:

  • Retrieve traffic camera footage.
  • Obtain detailed police reports and locate witnesses.
  • Bring in mechanical experts and reconstructionists to evaluate the case from a technical perspective.

In many motorcycle accidents, victims face the possibility of full recovery, permanent disability, or tragically, the need to pursue a wrongful death suit. In any of these scenarios, we can help.

AccidentLawFirm.com brings years of experience to the table and has handled countless cases with a full range of injuries. We don’t just handle motorcycle accidents but also auto accidents, slip and fall claims, and medical malpractice.

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