There are many potential causes of motorcycle accidents, from simple errors on the roadway to acts of negligence by reckless motorists. Sometimes, a crash may occur because the motorcycle has inherent defects.
When this happens, the motorcycle company or manufacturer may bear some or all of the legal liability for the rider’s injuries from the wreck. An attorney familiar with motorcycle defects and recalls in Colleyville could evaluate the theories of negligence that may apply to your case, identify all liable parties, and help you seek rightful compensation for your injuries.
Understanding Motorcycle Defects and Recalls
Like any consumer product, motorcycles can feature defects that pose a grave risk to riders. In some cases, that defect may lead to a formal recall, either by the motorcycle manufacturer or The Department of Transportation’s National Highway Traffic Safety Administration (NHTSA). The entire motorcycle itself may be recalled, or the recall may affect specific components of the vehicle.
Examples of issues that are commonly the subject of motorcycle defects and recalls in Colleyville include defective:
- Tires
- Seats
- Brakes
- Frames
- Airbags
- Engines
- Fuel tanks
- Handlebars
- Accelerators
- Steering mechanisms
Before the NHTSA issues a safety recall, the agency will evaluate information submitted by consumers alleging certain defects and any existing petitions about these issues. The agency will also conduct a multi-pronged investigation before the safety recall goes into effect.
The recall would explain the:
- Nature of the defect
- Specific group of consumers that the recall impacts (i.e., the brand, model number, and make year of the motorcycle)
- Reason behind the recall
- Remedy attached to the recall
- Recall schedule
In certain situations, the NHTSA may compel the actual manufacturer to issue the recall.
Individuals who own a motorcycle subject to a recall are entitled to have the defect fixed at no cost as a matter of federal law. In some cases, the manufacturer will contest the recall.
Other times, the manufacturer may issue a recall without the NHTSA taking any initial action. The motorcycle manufacturer is required to notify all affected consumers in writing about the recall and may also post notices in other public forums to spread the word.
If an individual receives a recall about a component of their motorcycle, they should complete the free repair without delay. Even if a motorcycle owner does not receive notice of a recall, they can follow recent recalls by looking at the NHTSA’s website and still receive a free motorcycle repair if their vehicle is the subject of a current action.
For a free legal consultation, call (817) 775-5364
Filing a Lawsuit for Injuries Caused by a Motorcycle Defect
A Colleyville motorcycle owner cannot simply file a lawsuit because their motorcycle was the subject of a recall. However, if a motorcyclist is injured while riding due to a defect that was stated in a recall, the recall could serve as one of multiple forms of vital evidence if they file a personal injury lawsuit.
Even if the motorcycle was never the subject of a recall, when a defect leads to an accident in which the individual sustains serious bodily harm, they may have legal grounds to file a personal injury lawsuit for damages. For example, if the brakes or tires are defective, the rider could spin out of control and end up being flung on the roadway. If the fuel system is defective, the motorcycle could overheat and combust.
Injuries resulting from motorcycle defects can include but are not limited to:
- Broken bones
- First-, second-, and third-degree burns
- Head trauma
- Internal organ damage
- Amputations
- Paralysis
A proactive attorney could help an injured person pursue comprehensive compensation after suffering harm in a collision due to a defective motorcycle.
Types of Motorcycle Defect Lawsuits
A motorcycle defect lawsuit often takes one of three forms.
Design Defect
First, the defect may be inherent to the vehicle itself, such as a design defect. That defect could affect the entire motorcycle or a single component of it.
Manufacturing Defect
A second type of defect is when there is no issue with the inherent design of the motorcycle, but it becomes defective at some point during the manufacturing process.
Marketing Defect
The third type of defect can go back to the way the motorcycle was marketed, meaning that the manufacturer or motorcycle company did not adequately warn consumers about how to use it safely and correctly.
Multiple parties could be liable in a subsequent personal injury claim depending on the nature of the defect and the type of incident that ensued. These could include the motorcycle manufacturer, the motorcycle distributor, any entity that manufactured or sold the defective component, and other parties along the distribution chain.
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Contact a Colleyville Attorney With Experience Handling Motorcycle Defects and Recalls
The law provides multiple potential legal remedies for victims of motorcycle defects and recalls in Colleyville. If you were injured because of a defective motorcycle, you may be entitled to compensation for your losses.
Proving liability in these cases can be particularly difficult. The companies involved often try to deflect liability onto a third party or hide behind immense legal teams. You need a lawyer who is not only well-versed in overcoming these tactics but has the resources and experience necessary to build a compelling case for compensation against the manufacturer, distributor, or any other liable parties involved.
If your motorcycle was the subject of a recall before your recent motorcycle wreck, or you believe that a defect led to your crash, you should speak with an attorney for more information about starting a case. Contact our office today to receive your no-obligation legal consultation.
Call (817) 775-5364 or complete a Free Case Evaluation form
