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The Dangerous World Of Defective Products And How The Right Lawyer Can Help

According to a team of motorcycle accident lawyers, bikers are over 5 times more likely to be killed in a motorcycle accident that in a car. Statistics have also proven that motorcycle accidents increased significantly by as much as 78% between the years of 2000 - 2007. Motorcyclists also represent only 3% of all vehicles registered; yet they represent over 17% of all vehicle related fatalities. These are figures taken straight from the National Highway Traffic Safety Administration (NHTSA) and as one would expect, it is a pretty dangerous way of getting from point A to point B.

However, what the NHTSA also say is that in the year 2007, 1784 lives were probably saved because of the fact that they all wore a protective helmet. This would go a long way to suggest that the right safety products do in fact save lives. So what if the product that you or a loved one were wearing, didn't do it's job and failed to protect you in the event of an accident? What can you do and is there any form of recourse you can take? The answer to these questions is that there is something that you can do, and there is almost certainly a form of recourse that you can indeed take.

If you contact an experienced motorcycle accident attorney Los Angeles who is well versed in dealing with defective products, then they can tell you exactly where you stand from a legal viewpoint. It is advisable that you speak with then directly. This way you can get a feel for the attorney and they can see from speaking to you how a case will pan out. If you have been hospitalized or can't get around then they can, and will come to you.

3 types of defective product claim

When speaking to a lawyer from a team of motorcycle accident attorneys they will tell you that in essence there are 3 types of defective product claim and these are as follows:

  • Marketing defects
  • Manufacturing defects
  • Design defects

When it comes to a product such as a defective helmet then it is more than likely to be a problem with either the design of the helmet or the manufacture. In any defective product case, the onus is on the client via their attorney to prove several criteria that are vital to a successful claim in this area and these are as follows:

  • The product is indeed defective
  • It hasn't been tampered with in any way
  • The defective product did not do the job that it is supposed to do

In order to prove that the product is defective an experienced motorcycle accident attorney will have the financial backing behind them to be able to call upon a group of independent experts who can help with the case. People such as product analysts, forensic scientists and medical experts can all help to find out where the problems lie. It could be that upon investigation, it is found that inferior materials were used in the manufacturing process that may not be as safe when tested. Alternatively it could be that an inherent design flaw has come to light that means that the product hasn't done the job that it is supposed to do. Either way, the Los Angeles motorcycle accident attorney needs to gather as much information possible so as to build a case.

What happens next?

Upon filing a claim your attorney will cite the problem with either being at the design or manufacture stage of the process and will look to seek compensation directly from the manufacturer. Large companies such as well-known safety helmet manufacturers may or may not settle out of court. This being the case, your representing motorcycle accident lawyer will need to have the resources necessary to be able to take the case all the way to court if necessary. They will also need the resilience and negotiating skills necessary to be able to deal with the company's lawyers.

The right team of motorcycle accident lawyers will be able to assist every step of the way, and will fight your corner with the dogged determination necessary to win your case. There is nothing more alarming that placing your faith in a product that hasn't protected you in the event of an accident. So by putting your trust in the right Los Angeles motorcycle accident lawyer, they will make sure that you come out of it with the full and fair compensation that you deserve