Unfortunately, 16.2% of Milwaukee County motorcycle accidents are severe, according to 2022 data, and Milwaukee county has almost double the rate of accidents per vehicle mile traveled compared to Wisconsin as a whole.The biking world has systemic safety issues, such as car and truck drivers who don’t pay enough attention to bikers on the road, as well as motorcycle product malfunctions.
At the same time, insurance companies and judges often show bias against bikers who seek justice for their injuries.
When A Class Action Might Help Milwaukee Bikers Get Justice
Class action lawsuits are frequently brought against product manufacturers, negligent retailers, or maintenance providers as a part of product liability lawsuits. Instead of each injured party filing their own claim, a class action lawsuit allows victims to be protected through one single action.
If you or a loved one have suffered injuries due to product malfunction, and you believe others have too, you need to determine if you have grounds for a class action. Here are the elements to look for:
- You and others have experienced the same type of harm.
- You have been harmed by the same entity (manufacturer, retailer, maintenance provider)
- You have a legal right to file a claim.
- The class representative must share the same commonalities with the rest of the class.
Unfortunately, even the heart of America’s biking culture isn’t immune to prejudice against bikers. They or their families often find it hard to get justice if a motorcycle malfunction causes or exacerbates their injuries.
Many of these product liability cases are filled with tragic stories, as motorcycle accidents take more lives than other types of vehicular accidents. This is why motorcycle accident victims need motorcycle accident lawyers with strong experience in filing class action lawsuits.
What is the statute of limitations in Wisconsin?
Milwaukee residents have three years from the date of the accident to file a product liability claim, which is the most common type of class action. So, if you’ve experienced issues due to faulty brakes, tire defects, fuel systems, or any other issue the motorcycles involved in all accidents shared, you have three years to make your move.
It is also important to know how old the product was at the time of the accident, as it may affect your legal claim.
How do class action lawsuits work in Wisconsin?
Once enough people file the claim together, the court must certify the case. After the case is certified, the representatives for the class action notify other people who may have suffered the same harm through the media. This typically happens through advertising, notices on law firm websites, or by sending potential class members a mailed postcard or letter.
Proving product liability
Product liability cases can involve:
- Design flaws
- Improper safety (such as a helmet defect)
- Manufacturing defects
- Marketing defects (false or incomplete advertising and safety information)
To establish liability, it is important to prove negligence on the part of the product manufacturer or designer. The process of finding, representing, and defending evidence requires an experienced Milwaukee motorcycle accident lawyer.
Some Important Cases of Motorcycle Recalls
Recalled products are not that uncommon in the motorcycle industry. Here are some (but not all!) examples that may have affected bikers in Milwaukee:
- In 2023, Harley Davidson recalled 65,000 Softail motorcycles produced between 2018 and 2023 due to faulty rear shock absorbers.
- LiveWire recalled some of its 2024 models due to faulty software.
- Certain Suzuki Hayabusa Motorcycles were recalled due to a fault in the front brake master cylinder body.
- Honda issued a 2022 TRX90X Throttle Cable recall.
