Who Can You Sue When You’re Hurt in a Bike Wreck?
In the aftermath of a motorcycle accident when you’re trying to recover lost wages, medical expenses, or other damages—the most obvious responsible party is the driver whose negligence caused the accident. While the law is clear that you must prove someone was negligent in order to recover compensation, parties other than the at-fault driver may be liable for your losses.
In a motorcycle accident injury claim, as with other types of personal injury , claims the most common legal theory used to recover damages is negligence. In a negligence claim, you must show three things:
- That another person failed to exercise reasonable care under the circumstances (or, in other words, “breached the duty” to act reasonably);
- That the failure to act reasonably caused the accident; and
- That you suffered actual losses as a result of the accident.
Besides the at-fault driver, a number of other parties may have acted carelessly in a way that contributed to or caused the accident that led to your injuries:
- The manufacturer or designer of a product—Designers and manufacturers of consumer products—including those who make bike and automobile parts, safety equipment, and traffic lights—have a duty to use reasonable care. You may have a product-based claim if your accident was caused by defective brakes, steering mechanisms, or other bike parts, or if your injuries were made worse by carelessly-designed safety gear, such as helmets, gloves, or clothing. Any party in the chain of distribution, including the bike dealership, can be legally responsible for this kind of “product liability” claim.
- The at-fault party’s employer—If the accident occurred while the at-fault driver was in the normal course of his or her job, the employer may have some responsibility under the legal theory of respondeat superior.
- A local governmental body—If roadway defects caused the accident, you may have a claim against the entity responsible for maintaining that stretch of road.
Contact Our Offices
At the law offices of Weber & Nierenberg, we have been successfully representing people hurt in motorcycle accidents for more than three decades. To arrange a free initial consultation, Send us an e-mail or call 1-866-288-6010