Although most motorcycle crashes are caused by human error, some motorcycle accidents are the result of defective bikes or parts. Proving that a motorcycle accident was caused by a defect can bring some challenges. However, working with an attorney may help when assembling all of the documentation and evidence necessary.
Evidence to Establish a Motorcycle Was Defective
If the motorcycle has been, or is eventually, recalled, that notice could help establish that something was wrong with the bike. Recalls are listed on the National Highway Traffic Safety Administration’s (NHTSA) website.
When it comes to a defective product case, the product itself can be used as evidence. The bike may be examined by an expert who can testify as to impact. A defective part or other issue with the bike may have contributed to an accident and expert testimony is very useful in these cases.
Evidence to Establish Injuries in a Claim
It’s not only important to have evidence that shows a defect in the bike; there must also be proof of the injuries that result from the accident. In order to file a claim, it must be established that damages were suffered. Medical records can show the type of injuries sustained and the treatment that was required.
Evidence could include:
- prescription medications;
- hospital discharge papers; and
- other documentation.
Copies of the medical bills or statements will be necessary in order to prove the costs incurred.
The impact of injuries on a person’s life can also make a difference in the types of damages that are recoverable. Keeping a journal that notes the level of pain, time missed from work and other relevant information can help, too.
Strong evidence may lead to compensation that addresses not only medical expenses but lost earnings, pain and suffering, disability, emotional distress, reduced quality of life and more. The manufacturer or others in the chain of distribution could be liable for these damages when a motorcycle accident was caused by a defective bike.