What is the difference between a motorcycle accident claim and a product liability claim?

The difference between a motorcycle accident claim and a product liability claim primarily comes down to what caused the accident and who is liable. In a motorcycle accident claim, the liability generally falls on the person who was the driver of the motorcycle. The burden of proving liability is on the claimant and they must show that the driver of the motorcycle was at fault. This could include showing that the driver was negligent, acted recklessly, or failed to take reasonable care. In a product liability claim, the liability falls on a manufacturer, distributor, or supplier of a defective product that caused the accident. The injured party is not required to prove fault and instead, must prove that the product was defective and that was the primary cause of the accident. To show this, a claimant may be required to offer evidence such as expert testimony, product photos, and sales records. The outcome of a motorcycle accident claim versus a product liability claim will also vary. In a motorcycle accident claim, the claimant is typically eligible for compensation for medical expenses and lost wages. However, in a product liability claim, the claimant may be awarded additional damages such as punitive damages as well as compensation for pain and suffering, depending on the state law.

Related FAQs

What should I do if I have a disagreement with the insurance company regarding my motorcycle accident claim?
What should I do if I disagree with the insurance adjuster’s assessment of my motorcycle accident claim?
What should I do if my motorcycle accident claim is denied?
What is the statute of limitations for filing a motorcycle accident claim?
What is comparative negligence and how does it affect a motorcycle accident claim?
What is the difference between a negligence claim and a strict liability claim?
What type of medical evidence must I provide to support my motorcycle accident claim?
Can I bring a claim against my employer if I am injured while riding a company-owned motorcycle?
What should I do if my motorcycle accident claim is denied by the insurance company?
Can I file a claim if I am injured in a motorcycle accident caused by a defective part?

Related Blog Posts

Understanding Your Rights After a Motorcycle Accident - July 31, 2023
Motorcycle Accident Laws You Need to Know - August 7, 2023
What You Need to Do Immediately After a Motorcycle Accident - August 14, 2023
Negotiating with Insurers After a Motorcycle Accident - August 21, 2023
How to Obtain Motorcycle Accident Law Compensation - August 28, 2023