Motorcycle Defects and Recalls in Rockaway Beach
When you purchase a motorcycle, you know that some risk is involved. However, you also trust that the bike will provide you with the speed, handling, and sensory experience you desire. That comes hand in hand with expecting it to be designed and engineered for your safety. Sadly, some companies prioritize profits before consumer safety, resulting in flaws that threaten the rider’s life.
If you or a loved one were hurt while riding a motorbike that had a defect or has been recalled, the legal team at Goldstein & Bashner can help you. It can be intimidating to take on big businesses and hold them accountable, but you are entitled to pursue compensation from the companies or individuals who are responsible for products that harm you. A practiced motorcycle crash attorney could help you file a lawsuit against those companies to hold them accountable and get you the recovery you deserve for motorcycle defects and recalls in Rockaway Beach.
What are Motorbike Defects and Recalls?
If a motorcycle is deemed to contain any sort of defect or hazard, the manufacturer can issue a recall. Motorcycle recalls commonly occur due to reasons like brake defects, cracked frames, leaky gas tanks, faulty engines, handlebar deficiencies, malfunctioning brakes, weak tires, and more. In most instances, the owner is asked to take the recalled vehicle to an approved shop for part replacement or other repair to correct the safety issue. Recalls are typically processed via the National Highway and Traffic Safety Administration (NHTSA), which can order a manufacturer to issue a recall. Upon being required to do so, the manufacturer must issue a report detailing the following:
- The defect type
- Motorcycle brand, model number, and year
- The required remedy for the flaw
- What happened to prompt the recall
- Scheduling information
Registered owners must receive the manufacturer’s notification by first-class mail within 60 days of notifying NHTSA of the decision to recall. To reach secondhand purchasers, companies can take out ads and issue press releases to spread the word, especially when the flaw is particularly hazardous. Manufacturers must take on the cost of correcting the issue, not consumers.
Owners are responsible for responding to any recalls in a timely manner. However, it is not necessary for a motorcycle recall to be issued in order to file a case, so it is important to quickly get in touch with a Rockaway Beach lawyer for guidance.
Holding Entities Accountable After Discovering a Motorbike Defect or Recall
Various parties can be held responsible when a defective bike hurts someone. That can include the auto dealership, distributor, or manufacturer. Even if these parties are not aware of the defect, they can be held liable because they have a duty to ensure products are safe. The type of defect determines who you can hold accountable.
Marketing Defect
Known as failure to warn, marketing defects involve inadequate warnings or instructions on how to safely operate or maintain the vehicle. Even if the vehicle is well-designed and properly manufactured, it may still pose risks if users are not adequately informed about these dangers. In these instances, examples of potentially liable parties include the manufacturer, retailers, and distributors.
Manufacturing Defect
When the motorcycle, or a specific part of it, was not made according to the intended design, that means there was a manufacturing error. This can happen during the production process if an error or flaw results in a motorcycle or component that deviates from its original specifications. A common example could be a defectively installed brake system. Some parties that could be accountable include suppliers, retailers, and manufacturing companies.
Design Defect
Even when a motorbike is made perfectly, if the design is inherently risky or flawed, a design defect exists. This mistake suggests that every bike of the same model poses the same risk because the issue is systemic. An example would be if the frame of the motorcycle is designed in such a way that it is prone to cracking under normal conditions. Here, a person could potentially hold the design engineers, manufacturers, and distributors responsible.
It can be difficult to prove that a defect or recall resulted in motorcycle injuries, so your best option is to work with an attorney in Rockaway Beach who can craft an appropriate argument and gather sufficient evidence to prove your claim.
Hire a Rockaway Beach Attorney with Experience in Motorcycle Defect and Recall Claims
Every year, dozens of recalls are issued across the country for thousands of motorbikes, including high-end and inexpensive models. Even further, accessories like helmets can be defective, too. It is important to stay on top of NHTSA’s website for your own safety. Riders can sustain severe and life-threatening injuries when some part of their vehicle is defective or faulty, and the legal system allows them to receive financial compensation to mitigate their losses or injuries. To learn about how our legal team could help you after a motorcycle defect and recall in Rockaway Beach, call us today.