A motorcycle is an extremely complex piece of machinery, with many different systems working together to make it function correctly. If your mechanic fixes something incorrectly, they could cause a malfunction that can leave you severely injured – especially if the defect manifests itself while you are on the highway or in heavy traffic. If this happens to you, you don’t have to deal with the consequences alone – you have recourses to recover compensation for your injuries and for the damage to your bike.
Grounds for your suit
When you bring your bike to the mechanic, you are entering into a legal contract with them. You are offering them money, and in exchange you expect them to resolve whatever problem your bike has and reassemble it properly before giving it back to you.
If your bike suddenly falls apart while you’re on the highway after you pick it up from the mechanic, you’ll likely suffer some serious injuries as a result – not to mention expensive property damage to repair. If you can prove that the malfunction of your bike was caused by something the mechanic did or failed to do, rather than something that you did, then you just might have the grounds for a negligence lawsuit.
Elements of a negligence suit
Negligence is the name of a specific legal principle that you can use to hold someone responsible for the harm you suffered as a result of their actions. To be successful in a negligence suit, your attorney will have to prove four specific elements, which are:
- That the mechanic had a duty to you as their customer to exercise reasonable care when repairing your bike
- That the mechanic breached that duty – meaning that they were unjustifiably reckless or careless and thus failed to live up to their responsibility to exercise care
- That you suffered a harm, such as damage to your motorcycle and personal injuries
- That the mechanic’s breach of duty was the direct cause of your harm
If your attorney can prove all of these things, and if the mechanic doesn’t have a proper defense, then you’ll likely be successful in your suit. This means that you’ll be able to recover not only the cost of your medical bills and the cost of repairing your bike, but you might also be able to recover other types of damages – such as pain and suffering, loss of consortium and many more.
Riding a motorcycle comes with all sorts of risks, which motorcycle riders recognize when they choose to ride on the road. Even so, no one has to suffer the consequences of a botched repair job without legal recourse for their injuries. A negligence lawsuit can provide you the recovery you need to get back on the road again after your injury.