You understand the importance of maintaining your motorcycle. If your brakes or lights fail, you could find yourself severely injured after losing control or your bearings on the road. However, sometimes you do not know when something is wrong with your bike. Then you must defer to those who do; the manufacturer and the National Highway Traffic Safety Administration (NHTSA). Either can issue a recall that you should heed.
If you are riding a defective motorcycle, whether the defect is a part or something that occurred in the design or manufacturing phase of production, you may be in danger. If that part or design flaw gives way while flying down the highway, you are at risk for catastrophic injuries. Brush up on motorcycle defects and recalls in Red Bank to ensure your safety. If you were hurt, contact a seasoned motorcycle crash attorney at our firm.
Ducati, Suzuki, and Honda have recently recalled motorcycles for defects, listed on the NHTSA website. Those manufacturers have duties to consumers who purchased their motorcycles, and one of them is to file a report so the public will know:
Manufacturers must attempt to notify purchasers of a recalled part or vehicle. Generally, manufacturers compare sales records with Tennessee vehicle registration information to determine who to notify. If the defect is a parts problem, manufacturers can also notify their distributors.
Once a motorcyclist is aware of a recall and defect, the manufacturer must fix the problem at no cost to the rider, according to the National Traffic and Motor Vehicle Safety Act of 1966. It is imperative for the manufacturer to fix the defect because any accident occurring after a recall in which the motorcyclist is injured could result in a defective products lawsuit. These lawsuits are similar to personal injury lawsuits and could be based on the manufacturer’s negligence as a direct cause of the plaintiff’s injuries. Motorcyclists hurt in wrecks caused by defective products should consult an experienced injury attorney in Red Bank to discuss their rights to compensation.
The NHTSA oversees recalls and monitors manufacturers to ensure they conduct their duties prescribed by the law. They oversee not just motorcycle defects but automobiles, trucks, and children’s safety seats. Recall information is posted on the NHTSA website and is available from the NHTSA’s Auto Safety Hotline. Consumers can report motorcycle defects and receive information about the history of a recall for all makes and models of cars and motorcycles.
Motorcycle defects are actionable for compensation when someone using the product is harmed. These cases fall under negligence, strict liability, and breach of warranty.
To prove negligence, a skilled lawyer must show the motorcycle manufacturer, designer, or parts manufacturer had a duty to produce a safe product and failed—even though they knew or should have known the motorcycle or part was defective. If the motorcyclist is injured because of the inaction, negligence is established.
For strict liability claims, the plaintiff’s attorney must show the product was defective, even if the manufacturer was careful, and the plaintiff bought the motorcycle from a dealer in the distribution chain.
Breach of warranty claims are present when the manufacturer makes specific claims about the product, which the motorcyclist relies on, or implied that the motorcycle is safe to use as intended. A seasoned legal professional could advise on the best type of claim to make after a defective motorcycle causes an accident in Red Bank.
Motorcycle manufacturers—with oversight by the NHTSA—are bound by law to publicize defects they discover in a motorcycle’s design or function or in any parts used to make it. If manufacturers know or should know about a defect and do not do anything, they open themselves up to be found at fault for an accident.
If you are an avid motorcyclist, this information is invaluable. You can check on the NHTSA website for motorcycle recalls, and if yours is listed, you have the right to have the defect corrected. If the manufacturer declines, charges you, or you are injured due to the defect, a motorcycle defects and recalls lawyer in Red Bank can help. Call today.