Motorcycle defects are typically involved in claims involving product liability due to a defect in manufacturing, design, or marketing. This might occur if a motorcycle was designed and/or manufactured improperly or was in a way harmful to the general public, such as caused an injury, following its introduction and sale to the public, explains a top motorcycle injury attorney from The Law Offices of John D. Halepaska in Denver.
Due to the various moving components of motorcycles and the high speeds related to their use, there could be a wide array of motorcycle defects. These defects usually include suspension issues, faulty braking system, inaccurate wheel alignment, weak kickstands, defects with the hydraulic parts and accelerator and gas mechanisms.
Understanding Motorcycle Recalls
A motorcycle manufacturer might issue a recall if a bike they manufactured was found to have defects. This means that the defective motorcycle would be pulled out from sales and prohibited from being distributed to anyone. The National Highway and Traffic Safety Administration, NHTSA, is the authority when it comes to recalls. If the NHTSA orders a manufacturer to recall a motorcycle, the manufacturer should likewise issue a report to the public describing the following:
- The defective motorcycle;
- The specific defects of the motorcycle;
- How the manufacturer would handle remedies;
- Particular incidents that provoked the recall, like frequent collisions and the like; and
- The specific recall process and schedule.
The NHTSA might also issue a recall if the manufacturer didn’t comply with the safety standards mandated by law. In cases like this, the recall should still push through even if there are no reports of injuries connected to the defective motorcycle.
Legal Remedies for Defective Motorcycles
Once the NHTSA issues a recall, the motorcycle manufacturer would be required under law to offer some remedy for those who were inconvenienced or injured due to the defective motorcycle. The most common solution is for the manufacturer to either repair the bike for free or refund the owner.
In cases where the defective motorcycle caused injuries to the owner, he could file a products’ liability case naming the motorcycle manufacturer as the defendant or responsible party. The plaintiff would need to present evidence that his injuries and losses were a result of the motorcycle defect. He would likewise need to prove that he wasn’t in any way at fault for the accident that led to him getting injured. Compensation for this type of product liability claim typically includes damage wards for covering medical bills, lost wages, as well as pain and suffering.