In spite of the strict consumer protections of U.S. agencies, a great many vehicles, including motorcycles, are recalled each year. Unfortunately, many motorcycles with defects slip through the cracks, resulting in serious injuries or even fatalities for their riders. If you or a family member has suffered severe harm in a motorcycle accident in New Jersey due to product liability or defect, contact the accomplished motorcycle accident attorneys of Nagel Rice LLP.
Our attorneys believe that the party responsible for your accident must be held accountable, and we will fight vigorously to win you the compensation you are entitled to. You will find that our reputation for effective legal representation and compassionate service is well-deserved. You would not need to worry about legal costs while you recover from your trauma. We will charge you no attorneys’ fees until we win you damages.
Nagel Rice has a long record of successful outcomes. From our offices in Manhattan and Roseland, we have won nearly $30 million in damages for motorcycle riders. This is all the more significant when you realize that as a New Jersey biker you are not eligible for personal injury protection (PIP) insurance. As a consequence, unless you have a skillful motorcycle accident attorney to help you win damages through a personal injury lawsuit, you may be left high and dry.
Common Motorcycle Defects
Because bikers have much more to worry about than other motorists — e.g. maintaining balance on a two-wheeled vehicle, maneuvering among cars and trucks that may not notice their presence, dealing with weather and road conditions that other drivers are more protected from — they can be derailed more easily.
Our sharp motorcycle accident attorneys will discover what type of defect caused your injury. Common culprits are defective:
- Frames
- Engines
- Fuel tanks
- Brakes
- Wheels and tires
- Handlebars
- Overall design
Knowing where the problem originated will enable us to correctly target the responsible party.
Types of Product Liability Regarding Defects
There are three categories of product liability: design defects, manufacturing defects, and marketing defects. If the problem arose during conception, it is a design defect. If errors were made in following the directions of the designer, it is a manufacturing defect. If the defect happened in packaging, involving incorrect labeling or failure to include safety instructions, it is a marketing defect.
Strict Liability
In all three types of product liability, the legal principle of strict liability applies. This means that a manufacturer, distributor, or seller of a defective or dangerous product is considered responsible if an individual is injured by that product, whether or not the defendant was negligent. In other words, even if the company took safety precautions to avoid such a defect, the defendant can be held accountable for the damage the defect caused.
Being legally liable for a serious injury, however, does not always translate into money in the pocket of the injured party. Large corporations and their insurance companies are not known for their generosity or even for their fairness. You will need the well-honed skills of our experienced motorcycle accident attorneys to fight for your right to the substantial compensation you need and deserve.
How Our Motorcycle Accident Attorneys Will Prove Your Case
Once you become our client, we will thoroughly investigate the circumstances of the accident, have your motorcycle checked by expert mechanics, handle all communications with opposing counsel and insurance adjusters, and examine your medical records and prognosis. We will try to negotiate an appropriate settlement out of court, but if necessary we are well-prepared to go to trial.
In order to prove strict liability, our attorneys must prove that:
- The product was sold in an unreasonably dangerous condition
- You received no warnings regarding the danger
- You used the product in the way it was intended
- Your injury was a direct result of the motorcycle’s defect
You should be aware that you may not have a winnable product liability case if you ignored a warning that came with the motorcycle or if, though you felt endangered by the product, you did not actually suffer an injury.
Class Action Lawsuits For Product Defects
In product liability cases it is common for large numbers of people to have been harmed by the same defective product. If this is true in your case, we may be able to file a class action lawsuit on behalf of all plaintiffs but will only do so if taking that action is in your best interests.
Damages Our Motorcycle Accident Attorneys Will Fight to Win
Motorcyclists are at significantly elevated risk of injury or death in traffic accidents due to their extreme vulnerability to impact. Without the heavy metal of a car frame to protect them, a collision that the driver of a car might walk away from can cause a biker catastrophic injuries.
Depending on your particular circumstances, the extent of your injuries, and your prognosis, we will carefully calculate your present and future needs to arrive at a reasonable settlement amount for:
- Medical and rehabilitation costs
- Extended nursing care
- Lost income, present and future
- Property damage or loss
- Replacement services
- Pain and suffering
- Psychological counseling
- Permanent disability
- Alterations to your home to make it accessible
- Permanent scarring or other disfigurements
- Loss of enjoyment of life
Wrongful Death
If you have tragically lost a loved one in a product liability motorcycle accident, we will work tirelessly to obtain damages for final medical costs, funeral costs, and loss of financial and emotional support. We know that no amount of money will alleviate your grief, but we will do all we can to bring you justice, peace, and a sense of closure.
Contact Our Experienced Motorcycle Accident Attorneys Today
Product liability cases like yours are likely to be complicated by the fact that you are making a claim against a large, powerful corporation. That’s why it is essential that you have a legal team with extensive experience in this particular field and the clout to level the playing field. Contact us now so we can start working on your case.