What Are My Legal Options For An Accident Caused By A Motorcycle Tire Blowout?
Experiencing a motorcycle tire blowout in the state of Georgia can be a harrowing experience – especially if it leads to an accident. It is only when you get into an accident that you realize that you are unsure of your legal options. It then becomes a situation of “Great – now what do I do?”
You may be wondering if hiring a lawyer is the right way to go. The right personal injury lawyer can help you figure out just what legal options are available to you. The lawyers at Prieto, Marigliano, Holbert & Prieto, LLC have the experience and know-how to deal with these sorts of accidents after helping clients just like you for decades. You do not have to take your next steps alone – we can help.
The legal options available to you dependent highly on the reason your tire blew out in the first place. There are typically two reasons why people experience a tire blowout:
- They failed to keep up with the proper maintenance for their tires; or
- Their tires may have suffered a defect as a result of faulty manufacturing.
Life gets busy, and so you may have forgotten when you last had your tires done. Or you may not know how to tell when they need replacing. Maybe you bought the motorcycle used from the dealership and, understandably, believed you got brand-new tires with the bike – only to learn the hard way that you didn’t.
Whatever the case, a personal injury lawyer can help you sort out the details of what happened so that you can file your claim accordingly.
In the state of Georgia, drivers are required to maintain their vehicles, including motorcycles, to ensure they are safe for driving at all times. The failure to properly maintain your vehicle is considered negligence under Georgia law, and you can be held liable for the accident.
This means that a driver who failed to properly maintain his or her motorcycle’s tires can be sued in civil court. The plaintiff can sue to recoup what they lost in paying for medical bills and repairs to his vehicle, along with lost wages. He may also try to sue you for punitive damages, which are damages awarded so as to punish the driver for behaving negligently and to ensure that he does not engage in similar behavior again.
Sometimes, car parts fail to work as well as they are supposed to. This is especially dangerous for motorcycles. When a motorcycle tire suffers a defect, the rubber may not adhere properly to the frame. When this happens, the tire can come apart, resulting in a blowout and potential accident.
At the very least, when you are on a motorcycle you have less protection surrounding you, so a motorcycle tire blowout is, on average, more dangerous than a car tire blowout. In many cases, when you are involved a motorcycle accident, you are lucky to be alive afterwards.
For this reason alone, if you believe you suffered injuries due to a manufacturing defect, you should absolutely sue the manufacturer. The manufacturer can be found liable for the accident because, after all, you could have been killed. The court can then order the manufacturer to pay the costs associated with your getting into an accident as a result of their mistake.
Of course, the manufacturer is going to fight back. You can expect the company to deny the claim and possibly even try to put the blame on you for the accident. The manufacturer’s lawyer will likely try to cast doubt as to whether you engaged in negligent behavior, and that it was your actions that ultimately lead to your accident.
This is one reason why it is important to have a good motorcycle lawyer by your side who has the expertise necessary to show the jury that it is the manufacturer – not you – who is responsible for your injuries.
Motorcycle Tire Blowout? Get The Help You Need By Hiring The Right Lawyer For Your Case!
When you’ve been injured in a motorcycle tire blowout in the state of Georgia, the last thing you want to do is fight a legal battle. That is why you need the lawyers at Prieto, Marigliano, Holbert & Prieto, LLC on your side. We can handle as much or as little of the claim as you want us to. And the best part is that your initial consultation with us is free, and you are under no obligation to retain us.