The Statute of Limitations in Motorcycle Crash Cases
Did a defective part play a part in your motorcycle accident? In some cases, product liability can have a substantial impact on motorcycle crash cases—especially if the defective part played a significant role in the accident. If you’ve been involved in a motorcycle accident, however, it’s important to take the right steps to ascertain fault so that you can process your claim before the statute of limitations runs out.
How Does the Statute of Limitations Impact Your Claim?
After a motorcycle accident, you’ve got plenty of things on your mind: recovering from your injuries, repairing your bike, and dealing with insurance companies, among other things. It’s easy to let things fall through the cracks—including filing the suit you need for your motorcycle accident claim. Unfortunately, you only have a limited amount of time to process your claim. In the state of Florida, that means you have four years to file a product liability claim. The four years begins at the time when the problem with the product is discovered, or when it would reasonably have been discovered if due diligence had been conducted following the accident. The sooner you start moving on your claim, however, the sooner you can receive the compensation you deserve for your accident.
If you fail to file your product liability claim before the statute of limitations runs out, you may no longer be eligible for compensation regarding your injuries. For this reason, it’s critical that you pay attention to the timeline following your accident and file your product liability claim as soon as possible. When you start moving on your claim, you’ll start the process necessary to get the compensation you deserve and prevent elapsing time from destroying your chances of gaining your settlement. The statute of limitations does not apply to time that elapses after your claim has been filed while you wait for the courts or for the manufacturer to respond.
What Product Liability Problems Can Cause Accidents?
In the case of motorcycle accidents, there are two key types of problems that can contribute to or cause potential accidents. Understanding which category your motorcycle accident falls into will help you start this process.
Improper manufacturing has created a dangerous part in your motorcycle. This can also include a motorcycle that hasn’t been put together properly. Improperly manufactured parts can be a serious hazard for motorcycle riders, especially if something fails in the middle of a ride or during an accident. In some cases, improper manufacturing can even be the cause of motorcycle accidents.
Unreasonably dangerous design can leave new motorcycles more unsafe than anticipated. Most of the time, you’re aware of the dangers you’re taking on when you choose to ride your motorcycle. With a new model, however, freshly dangerous designs may cause problems for riders. If your motorcycle was designed with an unreasonably dangerous design or elements that contributed to the accident, it can be part of a product liability claim.
It’s important to note that if you were aware that there was a problem with the part or that there were excessive dangers regarding the design of your motorcycle, including product recalls, and you chose to ignore those issues, it could impact your claim. For this reason, it’s important that you do your due diligence to ensure that you are knowledgeable about your motorcycle and any potential problems with it.
How Do You Proceed with a Product Liability Claim Related to a Motorcycle Accident?
If you have a product liability claim related to your motorcycle accident, it’s important that you proceed properly with your claim. There are several steps you should follow to make sure that you have the right information to move forward with your claim.
Contact a lawyer as soon as possible. By working with a lawyer, you’ll be able to determine exactly how to proceed properly with your claim. Working with a lawyer will allow you to navigate the court system and the process to a settlement more effectively. It’s important to work with a lawyer even if you’ve been offered a settlement by the company that manufactured your motorcycle or its parts. Your lawyer can help prevent you from signing a settlement offer that is less than you deserve for your accident.
Collect the right evidence. When you’re working with a product liability case, it’s important that you have the right evidence for your claim. Make sure that you collect any relevant information about your claim, including:
- Witness descriptions about the accident
- Police reports concerning the accident
- Mechanics’ reports about your motorcycle following the accident, including information and photographs about any defective parts
- Medical reports
- Photographs of the accident scene
- Photographs of your injuries
By working with your lawyer early in the process, you’ll find it easier to discover what evidence you most need for your case. This will make it easier to collect the evidence you need in a timely manner so that when you’re ready to file your claim, you have all the information you need.
Communicate through your lawyer. Throughout the claims process, allow your lawyer to communicate with any insurance companies and other individuals related to the claim. By working with your lawyer, you’ll ensure that you don’t accidentally sign paperwork that could cause you to miss out on the full amount of the settlement you’re due. You should also be careful about social media posts or any other public communications relating to your accident, since they can have a significant negative impact on your claim.
Follow advice from your doctors. Among the damages you’ll be able to collect following your motorcycle agent are pain and suffering and medical expenses. It’s important to follow instructions from your doctors so that you don’t complicate your injuries, which could potentially impact your product liability claim.
If you’ve been injured in a motorcycle accident due to a faulty product, whether for improper design or poor manufacturing, don’t wait. Contact us today at (727) 451-6900 to schedule your free consultation. We’ll talk with you to learn more about your case and may be able to help you navigate the complicated process of getting the settlement you deserve.
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Clearwater, FL 33765