Thousands of people ride motorcycles every day using them to commute as well as simply for the pleasure of a recreational ride on a nice day. Riding a motorbike carries inherent risk but sometimes a bike becomes dangerous due to the manufacturer’s negligence. Motorcycle manufacturers have an absolute duty to notify owners and consumers of any recalls involving their product. When there is a recall, federal law requires that all owners receive certified notifications of the defect and instructions on how to fix it.
If a recall issued but the company fails to notify their riders and that defect leads to an accident, the manufacturer may be liable for the resulting damages. Motorcycle accidents can be extraordinarily dangerous as riders have little protection from the road and other vehicles. Injuries from these collisions are often catastrophic and may even be fatal. If a motorcycle defect and recall in New Port Richey led to the injury of you or a loved one, a motorcycle accident lawyer could help you seek the compensation you deserve.
How is the root cause of motorcycles defects establish?
A motorcycle defect in New Port Richey can be established by retaining expert witnesses and professional investigators if the defect has not been publicly announced. Plaintiffs must establish that not only their motorcycle was faulty, but prove that there have been numerous issues with the same defective component in the same manner, across a large portion of the product line. Victims and their motorcycle defect attorney could then show that other manufacturers are able to create a similar part or accomplish a similar outcome on their bikes without causing injury.
This demonstrates that the bike could have been made safe, but was not, and the original manufacturer was responsible for failing in their duty to provide a safe platform. Investigators and experts could collect evidence of similar issues occurring around the country and help the attorney begin the process of pursuing compensation and starting a general recall across the country if other riders may still be at fault.
Riding After a Motorcycle Recall in New Port Richey
The dangers of operating a motorcycle after a recall is issued depending on the type of defect. In almost all cases, the recall will deal with a safety defect in the motorcycle. However, that safety defect may not always manifest itself in all situations, only becoming a hazard under very particular circumstances.
If a consumer is unaware of a defect in a motorcycle and is not given notice of the defect by the manufacturer, it is virtually impossible for that consumer to be held accountable for the presence of that defect. If a manufacturer has not yet initiated a recall when they should have done so or has failed to notify new potential owners of this issue and that motorcycle defect leads to injuries in New Port Richey, the rider likely has a good basis for a claim.
Manufacturers must be design motorbikes to meet all current federal and state standards as well as keep riders safe when the vehicle is operated as intended. The Federal Motor Vehicle Association and State Motor Vehicle Association has regulations for tires, brakes, fuel components, and essentially every other aspect of the bike to ensure that it is safe enough to be sold as a consumer product. If a manufacturer fails to live up to this duty they owe, they may be accountable for paying the resulting damages to victims.
Compensation After a Defective Motorbike Accident in New Port Richey
The compensation for an accident involving a motorcycle defect depends on the damages such as medical bills, lost wages, pain, and suffering. Bikers may also be entitled to future damages if they sustained a permanent injury or will have ongoing costs or lost opportunity due to the collision. The main difference between an accident caused by a motorcycle defect in New Port Richey and a regular accident caused by another driver is the negligent defendant.
As has happened in the past, if an accident is caused and there was a defect in the motorcycle that caused the rider to lose control and crash into another vehicle, it is possible that the rider could be sued by the other vehicle because of that defect. But in those situations, the motorcycle rider could institute their own action against the motorcycle manufacturer for that product defect with the help of a dangerous products lawyer. Manufacturers in these cases may not only be liable for the cost of injuries for the rider, but also any damages sustained by other drivers or riders that were involved in the wreck due to the broken part.
Start Your Defective Motorbike Claim Today
In the wake of a motorcycle accident, there are likely severe injuries and significant bills. In some situations, the collision may have been the result of a motorcycle defect in New Port Richey. If you have reason to believe that your motorcycle was defective, causing your accident, call an attorney immediately. A skilled product liability lawyer could help investigate the circumstances of your wreck and collect evidence from around the country to prove that the bike was defective. Legal counsel could also help you get the compensation you need if the motorcycle was recalled but the manufacturer did not adequately notify consumers of a recall. Call today to get the justice you deserve and start your claim.