Legal Options When Mechanical Failures Cause Fatal Motorcycle Accidents in Oklahoma City

Driver negligence is, hands down, the leading cause of fatal motorcycle crashes. However, sometimes, the issue that causes a wreck can be a defective motorcycle part. When a motorcycle defect causes the death of a rider, the responsible defendants may include motorcycle parts manufacturers, mechanics, and repair people. At Cunningham & Mears, our compassionate attorneys are here to support families after fatal motorcycle accidents in Oklahoma City. The wrongful death claims may include product liability, breach of warranty, and negligence.

In one illustrative case, the Oklahoma Highway Patrol investigated a motorcycle accident near Interstate 235 and Interstate 40. Due to a mechanical malfunction, a motorcyclist died when he became separated from the motorcycle. If the motorcycle was defective, and it caused this crash, the family of the driver may have the right to file a wrongful death action.

What is a product liability claim?

A product liability claim is a lawsuit claiming that a defective motorcycle part caused an accident. Our Oklahoma product liability lawyers generally assert that the family can receive damages on one or more of the following grounds.

• Strict liability. This type of claim does not require that we show fault. A manufacturer is strictly liable if their motorcycle part is defective at the time of the accident, the defect causes the accident, and the accident kills a motorcycle rider. The defendants can also include anyone involved in the manufacturing process or the supply chain, such as the distributor and the seller of the motorcycle.
• Breach of warranty. This claim involves an express or implied warranty that the motorcycle manufacturer makes about the operation or use of the motorcycle or motorcycle part. Our Oklahoma motorcycle accident lawyers work to show that a warranty applies to the motorcycle part that caused the deadly accident. The defendants normally include the manufacturer. A mechanic or repair shop that provides a warranty may also be liable for breach of warranty.
• We file a negligence claim against manufacturers and mechanics if they fail to produce motorcycle parts that meet acceptable standards or breach their duty of care to a motorcycle owner or rider in any way.

What is a defective motorcycle product?

A motorcycle product is defective if the design is improper, the workmanship is poor, the instructions are unclear or wrong, or the manufacturer fails to warn consumers of known dangers. The failure to warn can apply to the original sale of the motorcycle part or a part added to the motorcycle after the sale of the motorcycle.

Manufacturers may also be liable for failing to warn motorcycle owners that their motorcycle part is subject to a recall by the National Highway Traffic Safety Administration (NHTSA) or by the manufacturer.

For example, Harley-Davidson has its own vehicle recall site. Whether the recall is issued by the NHTSA or the manufacturer, the owner of the motorcycle should receive a written recall notice that identifies the type and model of motorcycle that the recall covers, the type of damage, what steps the owner can take to replace and or repair defective parts, and what other alternatives may apply. Normally, the recall applies to specific VINs (vehicle identification numbers)

Some parts of a motorcycle and related equipment that can cause fatal accidents include defective:

• Brakes
• Wheels and tires
• Frames
• Fuel systems
• Clutches
• Handlebars
• Engines
• Helmets

Filing a wrongful death claim for fatal accidents due to mechanical failures

Our Oklahoma City motorcycle accident lawyers file wrongful death claims on behalf of the families of anyone who dies in a motorcycle accident. We work with motorcycle part product experts and motorcycle mechanics who can help show that motorcycle parts are defective and that mechanics failed to follow proper repair procedures according to the manufacturer’s guidelines, recall guidelines, or motorcycle industry guidelines.

We file wrongful death claims on behalf of the personal representative of your family member’s estate. The personal representative is either the executor of your loved one’s will or an administrator (usually a close family member) that the judge appoints. The personal representative must file the wrongful death claim within two years from the date of the motorcycle accident.

Our Oklahoma City wrongful death attorneys help family members receive the following damages from the responsible manufacturers, mechanics, and other liable defendants:

• The funeral and burial costs and any medical costs. These expenses are paid to the estate or to anyone who pays these costs in advance.
• The grief and loss of the surviving spouse. The spouse receives this amount.
• The grief and loss of companionship of the children and parents. The children and parents receive this amount.
• The mental pain and anguish of the deceased motorcycle rider prior to death. The estate receives this amount on behalf of eligible family members, including the spouse and children, and possibly parents and grandparents.
• The financial losses. This amount is for the income and other financial benefits the eligible family members lose because their relative is no longer alive. The factors determining this amount include the motorcycle rider’s life expectancy, health habits, occupation, age, and earning capacity.

The estate may also be able to collect punitive damages for unconscionable conduct by the defendant(s).

Our OKC wrongful death lawyers understand how to prove fault even though your loved one is not alive to testify. If the prosecution files criminal charges, such as DUI charges, we can help coordinate your civil wrongful death case with the criminal case.

Cunningham & Mears’ dedicated team of Oklahoma City motorcycle car accident lawyers has nearly 30 years of representation for accident victims and families and working relationships with product safety professionals, investigators, doctors, financial experts, and others. We understand how upset, angry, and anxious you are, and we’re ready to work to hold the responsible party or parties accountable for your loss. Please call our office or complete our contact form to schedule a free consultation.