Who should I sue for my motorcycle accident?

UPDATED: Oct 1, 2022

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Who should I sue for my motorcycle accident?

I bought a new motorcycle from the dealership near my house.On the first day from the dealership to home, I got into an accident causing a serious fracture of my ankle and the loss of my job. I was at the complete stop waiting for the signal. When I was taking off slowly, I suddenly lost the balance, and the handle started swiveling. Soon, I fell off from the bike after hitting the car next to me. I have completed motorcyclist training course within a year. I am a beginner but I know how to ride a bike. The police were blaming the dealership for defect or me for unsafe start. The dealership was blaming the city for the road condition or me for unskilled


Asked on February 14, 2018 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only sue somoene who was at fault in causing the accident--and you need evidence to prove fault. (Well, technically, you *can* file a lawsuit vs. anyone, but you will only win when there is evidence of fault.)
So you can sue the dealership IF there is evidence of a defect causing you to fall.
You can sue the city IF there is evidence of an unsafe road condition which they knew of and (despite knowing of it) failed to fix.
Without evidence of another party being at fault, you will be unable to successfully sue.

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