Motorcycle Defects and Recalls: Pursuing a Product Liability Case After an Accident
Key Takeaways
- Defective motorcycles, wheels, and brakes can cause serious accidents for motorcyclists.
- A product liability lawsuit allows injury victims to recover damages for accidents caused by defective motorcycles.
- The victim can recover compensation for a defective product injury from the manufacturer, distributor, or seller.
- What Motorcycle Defects Lead to Accidents?
- What Are Some Examples of Motorcycle Defects and Recalls?
- How Do You Know if Your Motorcycle Is Defective?
- What Is Product Liability Lawsuit?
- Who Is Responsible for Motorcycle Defect Injuries?
- Should You Take a Settlement Offer After a Motorcycle Accident?
- How Can a Motorcycle Defect Lawyer Help?
Many motorcycle riders enjoy the freedom of riding a two-wheeled vehicle that you don’t get in a car or truck. Unfortunately, motorcycles don’t have all the same safety features as modern cars. Many motorcycle accidents occur because drivers are not watching out for motorcycles. However, some accidents are caused by problems with the motorcycle or motorcycle parts.
When a motorcycle part is defective, it can put the rider at serious risk of harm. Motorcycle manufacturers are liable for injury accidents caused by defective motorcycle parts. To find out about your legal options after a motorcycle defect accident, speak with an experienced personal injury lawyer who specializes in motorcycle accident cases.
What Motorcycle Defects Lead to Accidents?
According to the National Highway Traffic Safety Administration (NHTSA), there were more than 6,000 motorcyclists killed in fatal motorcycle crashes in 2022. Motorcyclists are more likely to suffer serious injury or death compared to other vehicles on the road.
You can do many things to increase your safety on a ride. These include:
- Properly maintaining the motorcycle
- Maintaining tire pressure and fluid levels
- Testing brakes and headlights before riding
- Experience in a variety of road conditions
- Wear proper safety gear, including a helmet
There are some problems even the safest rider cannot predict. When a defective motorcycle part fails to work as intended, it can put the rider at risk. The motorcyclist may not know there are defective parts until they break and cause an accident. Defective motorcycle parts that can increase the risk of an accident include:
- Brake failure
- Wheel and tire defects
- Headlight failure
- Throttle failure
- Electrical system defects
What Are Some Examples of Motorcycle Defects and Recalls?
The Consumer Product Safety Commission handles most consumer product recalls. However, motorcycles and motorcycle parts are motor vehicles. The NHTSA issues recall notices and manages safety complaints for motorcycles.
Many NHTSA safety recalls begin with complaints from consumers. The NHTSA reviews complaints and decides whether to follow up for analysis. The NHTSA can investigate alleged safety defects. They can contact the manufacturer if the motorcycle part falls below safety standards. The NHTSA or the manufacturer may initiate a safety recall. With a recall, manufacturers generally offer to fix the defect, replace the part, or offer a refund.
There have been recalls for several motorcycle helmets that fail to conform to minimum safety standards. These include helmets without proper impact or penetration protections. Motorcycle wheels have been recalled because of misaligned spokes that can break and cause wheel failure.
How Do You Know if Your Motorcycle Is Defective?
Knowing if your motorcycle or motorcycle part is defective can be difficult. The defect may be in the material and invisible to the naked eye. You may not know if the manufacturer switched out materials for a cheaper option. You may need an expert to identify possible defects.
In a product liability lawsuit, your lawyer will consult an expert witness. An expert in product liability cases will explain to the jury how a product is defective and why. Expert witnesses could include engineers, manufacturing experts, or accident recreation experts.
What Is Product Liability Lawsuit?
A product liability lawsuit holds manufacturers liable for selling a defective product that causes injury. You don’t have to show negligence in a product defect lawsuit. Manufacturers have strict liability for injuries caused by dangerous products. Product liability claims fall into a few categories:
- Manufacturing defects
- Design defects
- Failure to warn of defects
The product may have a defective design, but if there is a feasible alternate design, it would be safer. A product can also be defective if there were manufacturing errors that made the product more dangerous than intended. Manufacturers must also properly warn consumers about any unknown dangers of using the product.
Who Is Responsible for Motorcycle Defect Injuries?
Anyone putting a dangerous product on the market can be liable for damages. You may have no idea who was responsible for causing the product defect. Product liability claims allow you to go after anyone involved, including:
- A manufacturer that made the defective part
- A distributor that sold the part to a vendor
- The dealership that sold the part to the motorcyclist
Should You Take a Settlement Offer After a Motorcycle Accident?
The motorcycle manufacturer may want to settle the lawsuit instead of taking the risk of going to court. The manufacturer may offer a settlement to cover some of your medical bills and motorcycle replacement. However, before accepting a settlement offer, ensure it provides fair compensation.
Serious injuries may have long-term effects. You may suffer chronic pain or be unable to work. Talk to a motorcycle accident lawyer to get a settlement for you and your loved ones.
How Can a Motorcycle Defect Lawyer Help?
A motorcycle accident attorney can review your injury accident and explain your legal options. If you suffered injuries from a motorcycle defect, your lawyer can file a claim against the manufacturer. Your lawyer can negotiate with the insurance companies to help you get a fair settlement. They can also take your case to court to help you recover full compensation. Contact an experienced motorcycle accident lawyer for legal advice.
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