5 Situations Where a 3rd Party Can be Sued for a Motorcycle Accident

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A motorcycle accident is a traumatic, life-changing event that can leave both the injured driver and their families struggling to recover. If the other party is found to have been partly at fault, they may be held legally responsible for paying damages up to the profits they made from their wrongful acts.

1. Manufacturer of Defective Product

An injured biker can go after the manufacturer of a defective product. If this product was defective, it might be possible to sue the company for injuries sustained. The argument is that the defendant breached their duty of care to buyers/consumers/customers, which in turn caused damage to another party. In a motorcycle accident claim process, the defective part that caused the accident can be used as evidence to prove the negligence of the manufacturer.

When someone purchases a product, they agree with the seller. The agreement may be to provide a certain quality or a specific product type. If that agreement is broken and the product turns out to be defective, the manufacturer can be considered liable for injuries caused by the defect. The argument is that the manufacturer either knew about the defect or should have known about it, and it was their responsibility to warn buyers/consumers/customers in some way.

2. A Mechanic that Recently Worked on the Vehicle

A mechanic may be held liable for motorcycle accidents caused by the maintenance performed on a motorcycle. The argument is that they act in the capacity of an agent or servant and therefore must fulfil that duty of care to their employer.

A mechanic working on vehicles is responsible for ensuring that work is done properly. If the motorcycle was not maintained properly and is written-proof, then it can be considered negligence by a mechanic and used against them in court.

3.Employer

If a biker was on duty (food delivery) on the time of accident, the employer can be held liable for the accident. This can be because the employer might have forced the employee to cover more miles to deliver food. The driver’s employer may be held responsible for any injuries sustained to a driver if the injuries could have been avoided by not making the employee to overwork.

A company representative is called a witness on behalf of an injured party. At that time, they may be asked to explain or explain why no precautions were taken to protect the victim.

4.The Third Party was Negligent

Negligence is failing to act with the level of care that a reasonable person in the same situation would work. Motorcycle accident lawyers refer to this as “negligent conduct.”

If you can prove that a negligent third party caused your accident, you may be able to file a personal injury claim against them.

5. Was Involved in the Accident and Broke an Obligation to You

If a third party was involved in your motorcycle accident and violated an obligation, such as a promise or contract to you, they may be found liable for your injuries. If a third party commits fraud, you have an actionable claim against them. A promise made in good faith, like a driver’s promise to you to remain at the scene of the accident, may be enforceable, even if it is an empty promise.

Suppose you were involved in a motorcycle accident, and the negligent third party caused you Injury. In that case, you can recover monetary damages from the personal representatives of that person’s estate. The injured party may have a claim against a negligent third party. Knowing these situations where a third party can be sued for motorcycle accidents may help you in your motorcycle accident claim process.

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Founded in 1994 by the late Pamela Hulse Andrews, Cascade Business News (CBN) became Central Oregon’s premier business publication. CascadeBusNews.com • CBN@CascadeBusNews.com

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