Many motorcycle accidents occur because of a defective part. These kinds of situations often fall under product liability law. Yes, you can sue a manufacturer or distributor for damages if they issued a defective part. But what happens if there was already a safety recall issued for that part long before it caused your accident and injury?
Safety Recalls for Motorcycles
Much like other motor vehicles, safety recalls for motorcycles can come from the manufacturer, or the NHTSA may instigate one. In either case, it's on the manufacturer to inform the public. They usually file a public report which outlines what the recall is for, why it's happening, and what they plan to do about it.
This public notice will likely go up on the manufacturer's website. However, the manufacturer must also send the notice out to all registered owners of their product. They will also receive contact information from state vehicle registration databases to send the notice. Beyond that, they will notify all of their distributors and others that are a part of their supply line.
If you ever take your bike to a shop or dealership for work, they will inform you of the recall. But despite all of these efforts, there's still a possibility that you just didn't get the notice. The truth is that some of the responsibility is on you.
When You Miss the Recall
If there's a recall, it's public knowledge. That means that even if you missed the recall notice, or purchased your motorcycle or part second-hand, it's still on you to check for recalls. After the initial notice, it's not on the manufacturer to continue sending them.
If you have an accident and suffer an injury because of a recalled part or design, there are many ways your personal injury case can go. It's still a defective product that you purchased in good faith.
If you never received your notification of a recall, you may have to prove it. Otherwise, the manufacturer can claim you were negligent in not fixing the problem. They may also prove they did everything they could to get a notice directly to you.
Speak to a Lawyer about Your Options
As you can tell, these types of cases can become complicated. Also, the way law handles these types of cases can vary between states. The bottom line is that you suffered an injury, and it wasn't entirely your fault. Everything else will require discussion with a lawyer that knows how best to proceed in a personal injury case that involves product liability.
To learn more, contact a law firm like Kiernan Personal Injury Attorneys PA.Share
5 August 2015
When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.