Accident Lawyers And Class Actions
Not all automotive or motorcycle accidents are caused by driver error. Sometimes, it’s the bike itself that’s to blame. Sadly, though it’s cold comfort after the fat, you could have grounds to file a product liability suit. Granted, if you are a typical biker, the last thing you want to be is a litigious nit-picker angling for the big pay-off. You believe in integrity and honor. But, you shouldn’t let a manufacturer’s oversight — especially one that cost you so much — go unpunished.
All liability cases hinge on proving an express breach of warranty, whether it’s implied or specifically written. In some state, you don’t have to worry about the burden of proof in terms of the defect that allegedly caused the accident. This means you can sue, even if the manufacturer was not aware of the detect. All you have to do — which means all the accident lawyer has to do, is show how the defect led to your injuries.
Your lawyer may have the makings of a class-action suit if this defect has been detected and claimed in other lawsuits. The old adage still rings true: there is strength in numbers. In terms of winning a case based on proving there was a defect, a class-action can convey the weight of numbers the jury. Surely all 100 claimants can’t be making this up. But, where the class-action falls short is the compensation. All awarded damages have to be split among the claimants.
If the manufacturer has not issued a recall for the part that allegedly caused the accident, the company will fight back aggressively. They tend to have the means and wherewithal to prolong the trial, and its subsequent appeals, for years. This gives the class-action more weight, again. But, if you don’t have the option of a class-action, you can still take your claim to court, provided you have an experienced accident lawyer.
There are two camps when it comes to accident and liability lawsuits. The first is hinged on defective or mishandled parts. The second is based on the claim of a unreasonably dangerous vehicle design. Rollovers and improper crash standards tend to fall in this category of lawsuit.
If you are in need of a accident lawyer, you need to make sure you make contact a fully-licensed one.
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