Product Recalls in Fort Worth Motorcycle Cases
Thousands of motorcycle riders are severely injured, and some are killed every year. If a manufacturer believes that consumers are in imminent danger, they may recall a product. Many accidents are caused by defects in the motorcycle design. A design defect occurs and prompts a recall.
There are always risks associated with riding a motorcycle, but there is an enhanced risk when there is a recall. That is why a person should periodically check to see if their motorcycle has a recall. There could be design defects, manufacturing defects, or marketing defects. While the manufacturers may attempt to use defenses, product liability sets out many ways for the injured party to recover. When one has evidence of how their accident and injuries occurred, they may have a strong claim. Reach out to a seasoned attorney to learn about product recalls in Fort Worth motorcycle accident cases.
What Is Considered a Motorcycle Recall?
Product recalls in Fort Worth motorcycle cases are extremely important. Proving a part or design defect is not easy unless it is an obvious issue, such as malfunctioning brakes. Showing that something is defective will not take much investigation if it starts with the accident itself. The person should document everything related to the accident.
Recalls are generally established by the manufacturer by making public notices that their product has a recall. When someone has an accident as a result of a recall, they need to document everything at the scene. That includes taking pictures and getting the contact information of the witnesses. They should contact the police and make a statement.
If one suspects a faulty part or design, they could research online to see if there are similar incidents regarding the suspected part. They might discover that several people had issues with a particular part or a design, and they might learn that there is a recall they did not know about. An individual should always check to see if the manufacturer issued any safety recalls. It is important to remember that most manufacturers do not maliciously or purposefully send out faulty products.
Understanding Manufacturer Liability
When establishing a manufacturer or seller’s liability for a defect, one does not necessarily need to prove they were careless. A personal injury lawyer works on gathering information that places the liability on the manufacturer. Even if there is some liability on the motorcycle owner’s part, it is the attorney’s responsibility to make the manufacturer accept liability. Carelessness is not a requirement. The liability legal standard is designing, assembling, or handling a motorcycle regardless of what steps the manufacturer or dealer claims. A person could make a strict liability claim based on a defect without showing carelessness if some conditions exist.
If the vehicle or one of its components has an unreasonably dangerous defect that injured someone, the defect could have come into existence in the design of the vehicle, during the manufacturing process, or the handling and shipment. Liability could be the result of a failure to warn the consumers of the dangerous aspect of the vehicle. The defect caused an injury while the motorcycle was being used in the way it was intended to be used. The motorcycle was not substantially changed from the condition in which it was originally sold. Many types of damages are available when those conditions exist.
How Can A Person Check to See If Their Motorcycle Has Been Recalled in Fort Worth?
When an individual is riding a motorcycle, it is critical that they look up the motorcycle and check for recalls. Different sites keep up to date information about motorcycles and equipment recalls. Taking the time to look at this list could save one’s life. The website with the most exhaustive list comes from the National Highway Transportation Safety Administration (NHTSA). A person looks up the VIN number of their motorcycle to find out if any recall work was done or needs to be done. The Vin number is usually located on the frame of the bike, and they are stepped near the steering neck, although some can be near the motor.
Anyone can visit the NHTSA website to look up recalls, including motorcycles and equipment. Some recalls are listed by brand and that might take a little longer than simply inputting a VIN number. A person can also check their motorcycle manufacturer’s website, as they usually list their recalls. The manufacturer is supposed to send a notice to motorcycle owners. However, if someone has a used bike or they purchased it new and have not kept the manufacturer up to date with their address, they might not receive notice of a recall.
Notification of Recalls
Manufacturers are required to notify consumers about recalls. Often, the registered owner is notified by mail about a recall. That is why it is important to update mailing addresses. The notice gives the registered owner an explanation of the need for the recall on the action the owner should take. The explanation should specify the issue, how long it will take to repair the problem, and who is able to work on resolving the issue. Information is available for a vehicle owner about the individual to contact if the recall requires payment by the owner.
The motorcycle owner has rights. When recalls are in place, the motorcycle cannot be more than ten years old to be eligible to be repaired with no cost. If there is a disagreement between the manufacturer and NHTSA, the manufacturer may petition the court for a resolution. If that happens, the manufacturer generally does not have to repair the vehicle while the case is in court on condition that the motorcycle owner resolves the problem. If the case ruling is for NHTSA, the owner is entitled to a refund of the money on the repairs. However, the owner must have documentation to obtain a refund, so it is a good idea to keep all of the paperwork on the repairs done to the motorcycle. If the dealership does not fix the recall, and the owner has the documentation to the recall, the manufacturer should be alerted at once. A motorcycle is to be repaired free of charge for a certain amount of time.
The manufacturer is permitted time to find a solution to the problem. The owner has no legal standing with the recall if the manufacturer is complying with the issue and only needs time to find the solution. The manufacturer may alert the owner of any action regarding the recall.
Unawareness of Recall
It is possible that the person was unaware of the recall. If a recall was issued by the motorcycle’s manufacturer and they ignored it, they could be held partially responsible for the accident. Even if someone has some fault, it is possible to seek a settlement or lawsuit for injuries. If a seller or distributor ignores product recalls, they bear the blame. When a manufacturer issues a safety recall, they must attempt to alert everyone who purchased their products. When it is the motorcycle itself, the manufacturer informs the owners. The manufacturer can only inform someone about a recall if they registered the parts. Otherwise, the manufacturer must inform their distributors about a recall.
Seek Help from a Motorcycle Accident Attorney
If a motorcycle parts manufacturer fails to warn consumers of potential hazards and defects, they could be held liable for damages. An experienced attorney could help consumers understand the role of product recalls in Fort Worth motorcycle cases.
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