Motorcycle accidents can result in some of the most catastrophic of vehicle accident injuries. Motorcyclists who are involved in these accidents often die, while those who survive may sustain paralysis, brain damage, limb loss, organ damage, and bone crush or other fracture injuries. The consequences may be life-altering and require considerable effort and expense to achieve whatever recovery is possible, depending on the extent of the victim’s particular injuries. Such injuries can result in severe heartbreak and loss of the enjoyment of life, even with the help of occupational, physical, and emotional therapy. Life following such an injury, both for a victim and the victim’s family, is challenging enough when the accident that led to the injuries occurred without negligence or fault on the part of anyone involved. When the accident was caused by a defective vehicle or someone’s negligence, however, the psychological devastation can be far more difficult to endure.
If you or a loved one was killed or injured in a motorcycle accident lawyer and you suspect that the accident or the injuries sustained in the accident were caused by a defective product or someone’s negligence, you may be entitled to compensation for the damages you and your family have suffered. The Killino Firm’s Philadelphia, Pennsylvania, motorcycle accident personal injury attorneys have extensive experience and expertise regarding all types of motor vehicle accident cases, including those arising out of injuries or deaths of motorcyclists caused by a defect in one of the vehicles involved or by someone’s negligence. Contact The Killino Firm at (215) 569-1299 for a free evaluation of your case and additional information about your legal options.
Legal Liability for Motorcyclists’ Injuries or Deaths Caused by Negligence or a Defective Product
Motorcyclists may die or sustain injuries as a result of motorcycle accidents in many ways. Defects in the motorcycle itself may cause a motorcycle to malfunction and cause a crash that may or may not involve another vehicle. Multi-vehicle accidents may occur as a result of driver negligence and/or a defect in one or more of the other vehicles involved. In some cases, crashes that may or may not have been caused by driver negligence or a defective vehicle may result in injuries far and above those that might have been sustained by a motorcyclist if his or her helmet had not been defective. Depending on the laws of the jurisdiction in which an action is filed, several defendants may be found liable for the injuries or death of a motorcyclist sustained in a vehicle accident.
Deaths or Injuries Due to Vehicle Defects
A defect in a motorcycle or other motor vehicle may be found to have been a cause of a crash between two or more vehicles. When a motorcyclist is injured or killed in such an accident, the injured motorcyclist or certain members of the deceased motorcyclist’s family may recover damages suffered as a result of the injury or death through the institution of a wrongful death or product liability action.
When someone has been killed in an accident that was caused by a product defect, the decedent’s family members may be able to recover compensation through a wrongful death action. Wrongful death actions are governed by the laws of the state in which they are filed, but are generally allowed to be brought by a deceased victim’s immediate family members, such as a victim’s spouse or the parents of a minor victim. These actions are brought to recover damages suffered by the victim’s survivors as a result of the victim’s death. If the death was caused by a defective motorcycle or other vehicle involved in the accident, the plaintiffs will need to establish the liability of the defendants in the same manner used to establish liability in a product liability action.
When an accident victim sustains non-fatal injuries in a motorcycle crash that was caused by a defect in the motorcycle or other vehicle, the victim may be able to recover damages suffered by the victim as a result of those injuries through a product liability action. Product liability actions are also governed by the laws of the state in which they are filed, but are usually allowed to be brought against the manufacturers, designers, suppliers, assemblers, and others in the chain of a defective vehicle’s distribution. The defect may occur at the design or manufacturing stage or as a result of the failure to warn of certain dangers associated with the vehicle’s use.
Deaths or Injuries Due to Driver Negligence
Driver negligence may also be found to have caused a crash between a motorcycle and another vehicle, resulting in injury or death to a motorcyclist. According to some statistics, nearly half of the vehicle accident deaths caused to motorcyclists occur in accidents between a motorcycle and one other vehicle. Drivers of cars or other larger vehicles are often found to have negligently caused an accident with a motorcycle by neglecting or refusing to give the motorcyclist the right of way when the motorcyclist was entitled to it or by failing to watch out for motorcycles in addition to other cars.
If you or a loved one has been injured or killed in a motorcycle accident due to a defective vehicle or driver negligence, The Killino Firm’s Philadelphia, Pennsylvania, motorcycle accident attorneys can help you obtain the justice you deserve. Contact us at (215) 569-1299 for aggressive and expert assistance with your case.