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Motorbikes are a popular means of transportation but there are instances where a defect in the design or manufacture of the product. If that contributes to a collision, you should consult our trusted motorcycle accident attorneys about your likelihood of a successful lawsuit.
Here are some important things you should know about motorcycle defects and recalls in Indianapolis.
Motorcycle recalls are much less common today than they were in the past because manufacturing standard have greatly improved – but they can still pose a problem and risk of wrongful death.
There are two types of recalls. One is a recall based on faulty design, like when a part was not properly designed for the use. The other type of recall is a manufacturing defect. In this type of case, the manufacturing process produced a part on the vehicle which is likely to malfunction.
A motorcycle may have a defect but not be subject to a recall. However, if the defect is serious enough, a motorcycle company may be forced to issue a recall. Not every defect on a motorcycle is subject to a recall, but riders in Indianapolis should always be alert for potential issues.
There are many ways that a motorcycle owner in Indianapolis may receive notice of a recall. The federal government, as well as state driving bureaus, will issue notices involving a recall. In some instances, the motorcycle manufacturer will make the recall public. If a consumer receives notice of a recall for a vehicle they own, they should take the steps to have the motorcycle repaired or replaced.
Depending on the seriousness of the defect, a motorcycle manufacturer may be under an obligation to notify motorcycle owners. While this is not required for every recall, it is a factor which is taken into consideration when deciding what reasonable actions to take after learning of a defect.
There are varying levels of severity when analyzing a product defect in a motorcycle. It may range from something simply cosmetic, to something which causes imminent danger. The more serious the potential for injury, the more likely it will be considered an imminent danger. The law requires a motorcycle company to balance the competing interests of safety with their obligation to notify the public of a defect. Whether a company acted reasonably in their efforts at a recall is ultimately up to a jury to decide.
Depending on the nature of the defect, the motorcycle company will try to remedy the problem in the most cost-effective way possible. It may mean replacing a part or adding a modification to an existing motorcycle which then renders the vehicle safe. However, if these repairs cannot ensure the safety of the motorcycle, a manufacturer may issue a recall for the entire model.
In the vast majority of accidents, a defect does not contribute to the accident. However, if it does, that may result in liability on the manufacturer. If a company has knowledge of a defect which results in an unsafe motorcycle, they may have the obligation to issue a recall. If the accident was caused by the defect identified in the recall, this is powerful evidence to prove liability on behalf of the motorcycle company.
A motorcycle designer and manufacturer have the legal responsibility to produce a safe product. Motorcycles are heavily regulated and must meet specific required requirements in order to be authorized to use the public roadways. The designer or manufacturer can be held legally liable if their negligence contributed to your crash and injury.
Ask our personal injury law team for help when you believe a vehicle defect was a primary cause of your crash.