Understanding Dallas Motorcycle Defects and Recalls
When a product is deemed unsafe for the public, the manufacturer may issue a recall. If a motorcycle part is defective and the manufacturer fails to warn the public of the potential harm, they could be held liable for damages. Understanding Dallas motorcycle defects and recalls is important. Speak to a seasoned motorcycle accident attorney to discuss your options and eligibility to recover compensation for damages.
The Role of The National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA) monitors each safety recall to ensure that manufacturers provide owners safe, free, and executive remedies in accordance with the National Traffic and Motor Vehicle Safety Act of 1966, as well as other federal regulations. The NHTSA also releases monthly lists of Motor Vehicle Safety Recalls. These lists identify the problem and model of the vehicle or equipment involved with a brief description of the safety problem.
The NHTSA publicizes the recalls to alert customers about safety problems and encourages them to take action. But the agency urges owners to wait until they receive notification from the manufacturer before contacting the dealer to schedule any necessary repair work. This might be because not all vehicles have a particular make and model that may be subject to the recall or because the manufacturer has not yet obtained all the parts necessary to remedy a safety defect right away. The manufacturer has an obligation to identify who owns the motorcycles that are being recalled or the equipment that is being equipped on the motorcycles that have been purchased.
The lengthy process is done by merging their record of sales along with the purchaser’s vehicle registration records, again. The requirement for manufacturers is to follow the strict guidelines outlined in the National Traffic, and Motor Vehicle Safety Act of 1966 and any additional federal laws or regulations about motorcycle recalls.
Requirements for a Safety Recall
Safety recalls are conducted by the vehicle manufacturer or ordered by the National Highway Traffic Safety Administration (NHTSA). The manufacturer must file a public report listing the following:
- The safety-related defect or non-compliant with the Federal Motor Vehicle Safety Standard
- The involved vehicle equipment population
- The major events that resulted in the recall determination
- A description of the remedy
- A schedule for the recall
What Are The Duties Of Manufacturers When Producing a Motorcycle?
The manufacturers’ have a duty to attempt to notify owners of the motorcycle or motorbike equipment. For recalls, this means that manufacturers merge their own records of vehicle purchasers with current vehicle registration information on file with the Texas Department of Motor Vehicles. For equipment recalls, in situations where state registration records do not exist, manufacturers are obligated to notify their distribution chain and known purchasers of the recalled equipment.
If their motorcycle and their item or equipment is the subject of a safety recall, even if they do not receive a notification of a recall, the manufacturers are obligated to remedy the defect at no cost to them. Under federal law, manufacturers must remedy any safety problems that are significant enough for proper recall without cost to consumers.
Types of Recoverable Damages
If a person has been injured in a motorcycle wreck that they suspect was due to defective equipment, they should contact a personal injury attorney as soon as possible. A lawyer may be able to file a product liability lawsuit against the manufacturer of the faulty equipment so that they could gain compensation for:
- Medical expenses
- Lost wages
- Disfigurement or permanent impairment
- Mental or emotional pain and suffering
- Any other damages related to their injuries
They also may be able to file a wrongful death claim against the manufacturer if a family has lost a loved one in a crash that was caused by defective equipment. Additionally, the family of the deceased may be able to seek compensation for the following:
- Funeral and burial expenses
- Loss of the deceased family member’s earning capacity
- Loss of care and support due to their loved ones passing
- Loss of companionship
- Mental anguish
- Exemplary damages
Schedule a Consultation With a Local Motorcycle Accident Attorney
A defective motorcycle part can cause a bike to malfunction, which can cause a serious accident. It is best to understand Dallas motorcycle defects and recalls in order to recover compensation for damages. Speak to a local motorcycle accident lawyer to learn more about your specific situation.