Yes, you can sue if a defective motorcycle part caused your accident. You can file a product liability claim against the parts manufacturer, in addition to any personal injury claims you might have against other drivers.
If the process sounds daunting, know that help is available. A Kansas City motorcycle accident lawyer will file your claims, determine the compensation you deserve, and hold the defective part manufacturer accountable. Many cases settle out of court through negotiations, so it isn’t always necessary to go to trial, but your lawyer will be prepared to do so.
What Should I Do if a Defective Part Caused My Motorcycle Crash?
If you believe your accident was due to a defective part on your motorcycle, it’s smart to take specific steps to strengthen your case.
Preserve the Motorcycle and Defective Part
Do not repair, discard, or tamper with your motorcycle or the suspected defective part. These items are evidence. Store the vehicle in a secure area and take detailed photos. Preserving the physical condition allows experts to analyze the defect and helps support your case.
Get Medical Treatment and Document Injuries
Seek immediate medical attention, even for minor symptoms. Keep all medical records, doctor notes, and prescriptions, and track symptoms, appointments, and missed work. Follow the doctor’s orders, even if you begin to feel better.
Collect Evidence
Gather any evidence that can support your case, such as accident photos, police reports, witness information, maintenance and purchase records, and any dashcam footage. Strong documentation increases your chances of holding the manufacturer or seller accountable.
Speak with a Product Liability or Personal Injury Attorney
Consult our personal injury lawyers as soon as possible. We will assess your case, investigate the defect, gather expert opinions, and handle all negotiations. Our team can help you better understand what to do after a motorcycle accident to receive maximum compensation.
Start a Journal
Keep a daily journal documenting your pain levels, emotional struggles, missed work, lifestyle changes, and medical appointments. This record provides detailed, firsthand evidence of how the injury affects your life. It can support your claim for pain, suffering, and emotional distress.
Get the compensation you deserve with trusted legal guidance.
How Do I Prove the Motorcycle Part Was Faulty?
To prove a motorcycle part was faulty, you’ll need strong evidence showing the part failed and that failure caused the crash. This may include expert analysis, maintenance records, accident reports, and photos of the damage.
In many cases, we work with engineers or accident reconstruction experts to examine the part and explain what went wrong. If the part had a known defect, recalls or prior complaints can show the manufacturer knew it was dangerous.
Who Is Liable if a Part Caused My Motorcycle Accident?
Under Missouri law, you can sue anyone involved in getting the defective part to you. Each case is different, so liability depends on the specific facts of your crash. The manufacturer of the part is often responsible, especially if the defect happened during design or production.
In some cases, a mechanic or repair shop may be at fault if they installed the part incorrectly or used a damaged component. Retailers or distributors can also share blame if they sold a known defective product.
What Is the Time Limit for Suing for a Motorcycle Crash in Missouri?
In Missouri, you usually have five years from the date of your motorcycle crash to file a lawsuit, per RSMo § 516.120. This time limit, called the statute of limitations, applies to personal injury claims. If you miss this deadline, the court may dismiss your case.
There are exceptions in some instances, such as:
- When a government entity is involved
- If you didn’t know and couldn’t reasonably have known that a defective product caused your injury right away
- If the person injured was under 18 at the time of the accident
- If the injured person was mentally incapacitated when the injury occurred
- If the defendant hid the defect or their role in the injury
We’ll help you appeal and secure your rightful benefits.
What Is Comparative Negligence in Missouri?
Missouri uses a pure comparative negligence system. That means if you’re partly at fault for the accident, your compensation can be reduced by your percentage of fault. In a motorcycle parts case, the other side might argue you misused the part or failed to maintain your bike.
Even if that’s true, you can still recover damages, as long as someone else also shares responsibility, like a manufacturer or mechanic. For example, if you’re found 30% at fault and your damages are $100,000, you could still receive $70,000.
Our attorneys will explain how motorcycle accident settlements work and whether comparative negligence could play a role in your compensation.
Get Legal Help if a Defective Motorcycle Part Caused Your Crash
You can sue if a defective part caused your motorcycle accident, but it’s understandable if you don’t know where to start. You could be facing serious physical, emotional, and financial challenges due to an accident. It can seem overwhelming.
Our attorneys at Kevin McManus Law have more than 60 years of combined legal experience fighting for people who were hurt because of the negligent actions of others. Our team has recovered millions in settlements and awards for injured accident victims in Missouri.
Call today for your free consultation and learn how our team will help with your defective parts accident case