Compared to car drivers, motorcyclists generally must invest more time and effort in maintenance due to exposed parts such as gears and chains. If not properly maintained, a motorcycle may even become more dangerous to ride. However, in many circumstances, a motorbike may be inherently dangerous, not because of a rider’s failure to maintain their vehicle, but due to a defect in the manufacture, sale, or marketing of the bike.
In cases where a manufacturer or distributor knows that a motorcycle has become unsafe or has a defect, they have a duty to issue a recall on that bike or part to maintain the safety of their riders. If you have been injured by motorcycle defects and recalls in St. Augustine, a knowledgeable motorbike crash attorney could provide legal advice and guide you through complex legal proceedings.
What are the Most Common Motorcycle Defects in St. Augustine?
A motorcycle accident that is caused by some fault in the motorcycle itself could leave a rider seriously injured, and with extensive bills. In these cases, a mechanic, manufacturer, retailer, or designer may be held liable for these damages caused by their negligence. Common causes of motorcycle defects include negligence by a mechanic, defective designs, a failure to safely transport the vehicle, and manufacturing defects. However, proving negligence against any of these parties requires a significant burden of proof, and it may be difficult for St. Augustine plaintiffs to secure a positive outcome without the help of a dedicated motorcycle defects and recall attorney.
Motorcycle Recall Notifications in St. Augustine
Announcements of faulty or recalled motorcycles in St. Augustine are not uncommon. Whenever a party discovers that there is a defect to the bike, that party is responsible for issuing a recall. Regardless of who initially issues the safety recall, the manufacturer must publicly state that a safety recall is in place and include the following information:
- A description of the defect or how the vehicle is non-compliant with safety standards
- The affected population that purchased the vehicle or product
- An explanation of the safety recall
- A reasonable course of action to address the defect
Additionally, the manufacturer is legally bound to repair a defective motorcycle part, free of charge, regardless of whether the consumer received a notice.
Recent Defects and Recalls
Additionally, riders can learn of defective or recalled motorcycles in St. Augustine by contacting credible organizations. The National Highway Traffic Safety Administration routinely lists safety recalls to inform the public, but the manufacturer is still required to issue their recall and take action to inform their consumers about the issues. This means that information must be distributed in a timely manner.
Defect and Recall Laws in St. Augustine
Consumers expect the products they purchase to perform as designed. At the least, local motorcyclists do not anticipate flawed or recalled motorbikes in St. Augustine to harm them. Thankfully, there are product liability laws in Florida and nationally to compensate victims of faulty and dangerous products.
To hold a manufacturer liable under Florida law, an injured party must prove that the motorcycle, or a part of it, was defective. This defect must have caused real harm to the plaintiff, causing monetary damages.
How Should Someone Document Motorcycle Maintenance?
Regardless of a pending legal case or not, motorcyclists should always maintain proof of regular maintenance such as receipts from their mechanic, dealer, or any professional who helps to maintain their vehicle. These receipts could be beneficial in a potential lawsuit by helping to shift the burden of proof from the injured party, to the accused defendant. Additionally, motorcyclists should only employ the services of career mechanics and not entrust their bikes to “backyard” mechanics. Individuals that choose to work with an unauthorized mechanic may forfeit some of their rights to make a claim in case of a defect.
Contact an Attorney Today About Motorbike Defects and Recalls in St. Augustine
An experienced motorcycle accident attorney could review your case and fight to protect your rights if you suffered from any motorcycle defects and recalls in St. Augustine. An injury caused by a defective motorcycle or part could lead to extensive medical bills. Fortunately, victims may be able to get justice and compensation by filing a claim.
You may be able to secure a damage award to cover medical bills, the cost of fixing damaged property, in addition to compensation for your pain and suffering. To get started on your case, call now.