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Motorcycle riders are often enthusiastic about their bikes and may install aftermarket parts to improve and customize them. Aftermarket parts are those purchased and installed after the bike's original sale. In an accident, aftermarket parts can complicate settlements.
If a motorcycle accident is believed to have occurred because of faulty parts on the motorcycle, whether these parts were installed when you purchased the bike or were aftermarket parts will make a huge difference in the case. If aftermarket parts are involved, the original manufacturer will likely try to shift blame away from themselves. Likewise, the aftermarket parts manufacturer will do the same. One, both, or neither of the manufacturers might end up paying, and you should get help from a lawyer.
Speak to our Indiana motorcycle accident lawyers for a free, private case review by calling Wruck Paupore at (219) 322-1166.
Aftermarket parts may affect rider safety if parts are not compatible with a motorcycle or are installed incorrectly. If aftermarket parts are involved in an accident, determining liability may be complicated.
Aftermarket parts are purchased and installed sometime after the motorcycle's original sale. Many aftermarket parts are installed as a part of routine maintenance, especially if the motorcycle is older. In many other cases, motorcycle owners use aftermarket parts to customize their vehicles.
Aftermarket parts may be produced by the motorcycle's original manufacturer or by third-party manufacturers. If you install aftermarket parts on your motorcycle, keep a record of where, when, and by whom they were purchased and installed.
If our motorcycle accident attorneys believe your motorcycle was somehow faulty, the presence of aftermarket parts is a crucial detail. Did the accident happen because the bike was manufactured incorrectly, or did the bike become defective once the aftermarket parts were installed?
This issue may determine who is liable for the accident. The manufacturer of the aftermarket parts may be responsible. However, these parts might have been produced correctly but installed incorrectly, making the installer responsible. If it is unclear where the motorcycle defect originated, your case may take longer to complete.
The person or entity who pays a settlement is usually the one determined to be liable for the accident. When aftermarket motorcycle parts are involved, the manufacturer of those parts may pay the settlement. However, if other parts of the bike were also defective, or if the defect stems from the interaction between aftermarket and original parts, both manufacturers might end up paying.
Again, the aftermarket parts might have been manufactured correctly but installed inappropriately. In that situation, the installer of the parts (e.g., an auto mechanic) may pay.
Alternatively, neither manufacturer may pay if someone else is entirely responsible. Perhaps none of the parts on the bike were defective, and someone else is at fault.
Again, aftermarket parts on a motorcycle can complicate how we determine liability, and they may affect who pays for a settlement.
If the other driver is completely responsible, determining liability may be somewhat more straightforward. The other driver in the accident and their insurance company should pay for the settlement.
The fact that your bike was equipped with aftermarket parts may not play a huge role in the case. However, the other driver might try to shift blame if your bike is heavily customized, and we should have your bike inspected to determine whether it was safe.
If we believe the original parts were defective, we can go after the original manufacturer for a settlement. This can be complicated, as the original manufacturer will likely try to shift blame to you for installing the aftermarket parts or to the other manufacturer if those parts are possibly faulty.
If the aftermarket parts are the direct cause of the accident, the manufacturer of those parts may be held responsible. Talk to your attorney about where you purchased any aftermarket parts and how they were installed.
Again, blame-shifting is likely to occur, and the manufacturer will try to say it was the original motorcycle manufacturer’s fault. Alternatively, they might claim that you installed the new parts incorrectly, and this is the reason why the aftermarket parts malfunctioned.
Fault for a motorcycle accident may be hard to determine, and we should review as much information and evidence as possible.
If the accident happened because of another negligent driver, whether certain parts of your motorcycle are aftermarket parts may not matter much. If the other driver negligently caused the accident, they should pay the settlement. Even if your motorcycle has aftermarket parts, the other driver may still be completely liable.
First, we should have your motorcycle fully inspected. Each part should be examined by a professional who can tell us if anything about the bike was defective and could have contributed to the accident.
These inspections may be a huge part of the case. If any parts of the motorcycle, original or aftermarket, are found to be faulty, we may need to go after manufacturers for a settlement.
If aftermarket parts are the cause of the accident, we must determine whether they were installed and used properly.
If the aftermarket parts were not installed correctly or you installed them in a way they are not meant to be used, the manufacturer may argue that you are at fault because you did not use the part for their intended purpose.
If a motorcycle accident is the result of faulty aftermarket parts, the manufacturer of those parts may pay the settlement if we can prove fault. However, they may try to shift blame to the motorcycle's original manufacturer.
To determine whether any parts of your motorcycle, including aftermarket parts, may have been defective, we need the bike thoroughly inspected by an automotive professional. All parts of the bike, not just aftermarket parts, should be inspected.
Possibly. Aftermarket parts must be compatible with your motorcycle and installed correctly for the bike to be safe. If the parts are not installed correctly or they are incompatible with your bike, the defendant might argue that you should be held responsible.
Even if the aftermarket parts are not faulty, you are responsible for maintaining your motorcycle. Improper maintenance may cause motorcycle parts, aftermarket or otherwise, to deteriorate, leading to an accident. This is why we must have your motorcycle inspected by a professional to prove the parts were compatible and installed properly.
Speak to our Evansville, IN motorcycle accident lawyers for a free, private case review by calling Wruck Paupore at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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Dyer, IN 46311
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