Operating a motorcycle requires proper training and skills, but a manufacturer’s defect may still put you a risk for a motorcycle accident. When it comes to motorcycle defects, prevention is better then a cure. If you have sustained injuries due to defects in the manufacturer’s product, consult a personal injury attorney who can provide legal representation.
Common Motorcycle Defects
Like passenger cars, motorcycles require routine maintenance to stay in good working order. A single malfunction can harm you, other motorists, and even damage your motorcycle. You should periodically check for the manufacturer’s updates and recall information.
Here is a list of some common manufacturer defects found on motorcycles:
- Handlebar defect – this causes wobbling and uncontrollable shaking;
- Rear tire defect – this causes imbalance due to misalignment; and
- Fuel line defect – this causes fire and excess heating.
If you notice any of these defects you can return your motorcycle to the manufacturer for repair, free of cost. The National Highway Traffic Safety Administration (NHTSA) will usually order a recall if potential safety hazards are discovered.
Motorcycle Manufacturers’ Responsibility
According to regulations set forth by law, manufacturers are required to notify the public when a safety recall is made for their products. In this motorcycle recall notice, the manufacturer will detail the following information:
- The motorcycle model and its population;
- The specific defect causing a safety hazard;
- Description of a case(s) that lead to the defect discovery and recall;
- Proposed solution to the problem; and
- Schedule for the recall.
Failure to turn in a motorcycle with defective parts can result in a severe motorcycle accident. Motorcycle accidents often involve serious, sometimes fatal injuries. With the help of a Chicago personal injury attorney, you may be able to recover damages for medical expenses, lost wages, and other costs related to the injury.
Continue reading to learn how a can help you determine liability and file a personal injury claim to get the compensation you deserve.
NHTSA and Motorcycle Defects Investigation
The National Highway Traffic Safety Administration (NHTSA) is in charge of investigating reported motorcycle defects, and may instigate a recall if defective motorcycle parts are found. The administration conducts its investigation in a few stages with full intention of reducing the risk of a motorcycle accident.
The NHTSA investigation process involves the following stages:
- Screening;
- Petition review;
- Investigation; and
- Recall Management.
Motorcycle manufacturers must comply with the requirements and final decision made by NHTSA. The manufacturer has the choice to replace, repair, or refund a motorcycle that has a defective part. To avoid motorcycle accidents, you should visit your dealer or the manufacturer’s main office to report signs of motorcycle defects.
Liability in a Defect-Caused Motorcycle Accident
A motorcycle manufacturer may be liable in a motorcycle accident claim, if the motorcycle was unsafe because of a defect in the design or the manufacturer’s failure to provide adequate warning about its safety usage.
In a case where a person or company’s negligence is thought to be the blame for another person’s injuries, the burden of proof falls on the victim. In other words, you may be required to prove that your injuries were a direct result of the defective motorcycle part or malfunction. You may even have to prove that you sustained damages while operating the motorcycle in its intended use.
If you were injured due to your own reckless riding or negligence, however, your claim may be dismissed without consideration.
How an Illinois Motorcycle Accident Attorney Can Help
The Chicago personal injury attorneys at the Law Offices of Barry G. Doyle, P.C. can work with accident reconstructionists to gather the necessary evidence to prove that a third party’s negligence was to blame for your injuries. Don’t attempt to go it alone. We can help you with your case. Contact us today for a no cost case evaluation – (312) 263-1080.
