A sport bike, or sportbike, is a motorcycle optimized for performance and speed, and sometimes not used for day-to-day commuting. Due to their optimized nature, sport bikes can often reach higher speeds and handle tighter maneuvers than regular motorcycles. As such, serious and potentially dangerous sport bike accidents can occur.
These types of accidents can be more dangerous due to the higher speeds involved and greater skill required. Sport bike accidents commonly occur in a competition or sporting setting, although they can also happen in other contexts as well.
What are the Common Injuries That Occur with a Sport Bike Accident?
A sport bike accident can occur in a number of ways, such as another driver operating the bike in a careless manner or the bike being a defective product. Common injuries a person can endure because of a sportbike accident include:
- Bone fractures;
- Traumatic brain injury;
- Soft tissue damage;
- Loss of a limb;
- Catastrophic injury;
- Paralysis (often due to a spine, neck, or back injury);
- Cuts or lacerations; and/or
Can I Sue If My Sport Bike Accident Was Someone’s Fault?
A lawsuit to recover damages may be an option, depending on the facts of the accident. When another biker operates a sport bike recklessly, it may be considered negligence. Whether a biker’s actions are considered negligent depends on how they compare to the actions of an ordinary person in the same or similar circumstances. Negligence has specific elements a plaintiff must prove in order to have a successful claim:
- Duty: The defendant owed the plaintiff a duty of care (such as the duty to follow racing rules)
- Breach of Duty: The duty was breached by the defendant
- Cause: The defendant’s breach caused the plaintiff’s accident
- Damages: The plaintiff suffered some kind of loss or injury as a result of negligence
Can I Sue If the Bike Was Defective?
A sportbike may sometimes be considered an inherently dangerous product. However, the manufacturer still has a duty place a relatively safe product on the market that is not needlessly dangerous.
A defective product is a product that causes injury to a person because of a design defect, faulty labeling, or defective manufacturing. To prove the product was defective, a plaintiff must show:
- The speed bike contained a defect that caused it to be unreasonably dangerous (such as faulty brakes);
- The defective product caused the plaintiff an injury while it was used as intended; and
- The defective product was not changed substantially from the way it was originally sold.
Sport bike accident lawsuits can result in monetary damages award, which might cover losses like medical bills and property damage. The amount of damages issued depends on the severity of the losses and other factors, such as state laws.
Are there any Legal Remedies for Sport Bike Accident Claims?
As in other personal injury claims, the injured party may sometimes be eligible to receive a legal remedy for their injuries. In most cases, this takes the form of a monetary damages award. The damages will typically cover economic losses like medical/hospital bills, any property damage, costs of surgery, pain and suffering, and other losses.
In cases where the injury is caused by a defective product, other remedies may apply. For instance, the defective sport bike will likely be subject to a recall and pulled from retail stores.
Are there any Defenses Available in a Sport Bike Accident Lawsuit?
In some cases, the defendant may be able to claim a defense, which might reduce or minimize their liability in the lawsuit. A common example of a defense that is raised in a sport bike accident case is that of “assumption of risk”.
This is where the plaintiff knows of the risks associated with a particular activity or product, yet still continues to take part in the activity. For instance, if the injured person knew that a specific sport bike was defective and had bad brakes, yet still continued to drive it, they might not be able to recover damages if they get into an accident.
Another defense may be that of contributory negligence. This is where the plaintiff’s own actions or conduct contributed somehow to their injury. An example of this would be where the injured person was found to be drunk or speeding at the time of the collision.
Here, their negligent conduct contributed to their injury. In such cases, it may be possible for the defendant to raise this as a defense. Depending on the jurisdiction, the plaintiff’s ability to collect a damages award may be affected.
Should I Talk to a Lawyer about a Sport Bike Accident?
You may need to discuss your sport bike accident with a personal injury lawyer to if you have a legal claim. An injury attorney in your area can help you file a lawsuit and can guide you during the process from start to finish.