Manufacturers will often issue a recall if a motorcycle or its parts may cause imminent danger or harm to consumers. Imminent danger is any condition of a danger that could cause death or serious physical harm immediately that could be eliminated. It is a specific danger that is immediate, impending, and menacingly close at hand.
It is important to always take every safety precaution available. That means wearing a helmet and proper clothing for protection. Motorcycle accidents due to vehicle failure make up only three percent of all motorcycle accidents in the United States, making them slightly more uncommon than other motorcycle accidents. A person should prepare themselves in the event that one of those instances happens that could lead to a product liability case if they were injured and unaware of a recall.
A knowledgeable attorney could explain the role of manufacturer liability in Fort Worth motorcycle accident cases. Speak to a diligent motorcycle accident lawyer to discuss your case and eligibility to recover compensation for damages.
The Duties of Manufacturers When Producing and Selling Motorcycles
Whether a safety recall is conducted by the vehicle manufacturer or ordered by the National Highway Traffic Safety Administration (NHTSA), the manufacturer must follow up with a public report that explains:
- The safety-related defect or noncompliance with the Federal Motor Vehicle Safety Standard
- The involved vehicle/equipment population
- The major events that resulted in the recall decision
- A description of the remedy
- The schedule for the recall
Manufacturers have a duty to notify owners of the recall. They merge their own records with the State’s Department of Motor Vehicle’s records. When state records do not exist, manufacturers are obligated to notify their distribution chain and known purchasers of the recalled equipment.
Within the timeframe, the manufacturer is required to remedy the defect at no cost. There are many ways to look up recalls. Even if an individual does not directly receive a recall notification, they have a right to bring their motorcycle to a dealership to have it repaired. Under federal law mandate, the manufacturer must remedy a safety issue at no expense to the consumer. The guidelines are outlined in the National Traffic and Motor Vehicle Safety Act of 1966. Additional federal laws and regulations regarding motorcycle recalls are important to know in these situations.
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Determining Liability for Motorcycle Accidents
Liability in most motorcycle accidents is governed by the law of negligence. A person is negligent when they behave in a thoughtless or careless manner and cause injury to another person. A driver must use care to avoid injuring other motorists, passengers, and pedestrians they encounter on the road. If a driver is not reasonably careful and injures someone, they are liable for injuring the accident victim.
In many motorcycle accidents, if the driver of another car or truck is negligent, the driver can be negligent by doing something they should not have done. For example, speeding through a red light or failing to check mirrors before making a left-hand turn. The motorcycle rider might be the negligent party. An intoxicated biker who swerves in front of a car, causing the vehicle to crash is most likely held liable for injuries suffered by the car’s occupants.
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How Do Insurance Companies Decide Who Is at Fault in a Motorbike Collision?
Determining who is at fault for a motor vehicle collision is a matter of identifying who is careless or negligent. In some motorcycle accident cases, it is easy to tell which party acted carelessly and is therefore responsible for any property damage or injuries that occurred. Sometimes, it is difficult to identify who is at fault for an accident. Complicating things further is the fact that multiple entities might make a determination of fault after a motorcycle accident, including law enforcement agencies, insurance companies, and the courts.
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Law Enforcement Accident Reports
After a motorcycle accident is reported, the police officers are responsible for preparing a police report. In the Fort Worth area, they usually do this when an ambulance is called to the scene of the accident.
When making a report, the police officer interviews the drivers and witnesses about the accident. The officer asks questions to piece together an accurate account of what happened. Once the officer decides they have enough information, they submit the report to their department. A police report may contain a statement about who is at fault for the motorcycle accident based on the police officer’s professional judgment.
Sometimes, police reports do not include determination of fault. Even if a police report states who was responsible for a motorcycle accident, it does not necessarily mean the person is legally responsible for damages in the subsequent lawsuit. As a part of the police officer’s investigation into the accident, they may issue one or more traffic citations. While a traffic citation does not prove who is legally responsible for a car accident in a subsequent lawsuit, it may be used as evidence that the driver was negligent.
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Reach Out to a Motorcycle Accident Attorney
Manufacturers are duty-bound to ensure that the products they sell are safe when used as intended. When accidents occur due to defective equipment, the injured parties may file a product liability lawsuit against the manufacturers of the motorcycle they were riding.
If they were injured in a motorbike crash and they suspect it was due to defective equipment, they should contact a motorcycle accident attorney as soon as possible. The attorney may able to file a product liability lawsuit against the manufacturer because of the faulty equipment. If settlement or a verdict can be obtained, it could be used for medical expenses, lost wages, disfigurement, permanent impairment, mental or emotional pain and suffering, and other damages related to their injuries.
Schedule a consultation today to learn about the nuances of manufacturer liability in Fort Worth motorcycle accident cases.
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