Chopper Law: Motorcycle Accidents Caused By Defective Motorcycle Parts And Poor Design
While some motorcycle accidents are caused by the negligence of other drivers, there are times when the accidents are caused by defective parts or poorly designed bikes. Very often, these motorcycle accidents result in serious injury or even death. In the case of the former, injuries can be permanent, life altering and extremely expensive, as well as emotionally debilitating. In the case of the latter, family members and friends may not recover from their loss for years. In either example, there may be a case where you can make a product liability claim.
For example, some lawsuits have claimed that certain motorcycles are defective because they shake or become unstable when driven at higher speeds, resulting in loss of control of the bike. If the motorcycle or motorcycle part is defective and causes this to happen, you might have a product liability claim. If you feel like you might have a product liability claim that resulted in injury or death, it is in your best interest to contact a motorcycle accident lawyer who serves Hernando, Pasco, Citrus, Hillsborough and Pinellas counties in Florida.
We stand up for motorcyclists in their time of need. Need us to come to you? Call us for a free consultation. We will meet you at a hospital or your home, depending on your condition. We are here for you!
What Defective Motorcycle Parts Or Design Constitutes A Product Liability Claim?
While every case is unique, there are generally two ways product liability claims are evaluated in regard to motorcycles:
- Defectively manufactured motorcycles or parts. This type of claim usually involves motorcycles or their parts which have been manufactured in a way which produces some sort of defect in performance. It could either be due to a manufacturing error or a shipping error.
- Motorcycles with a potentially or unreasonably perilous design. This category of claims involves motorcycles or parts that, although properly manufactured, have an unreasonably dangerous design that results in injury or other damages.
If you feel you have been in a bike accident and it falls into one of these two general categories, you should schedule a free motorcycle accident attorney consultation. We serve Hernando, Pasco, Citrus, Hillsborough and Pinellas counties.
About Safety Recalls And Defective Motorcycle Parts Or Design
We often hear about safety recalls for automobiles and trucks. In some cases, the defective part or poorly designed motorcycle is the subject of a safety recall. Safety recalls may be initiated by the manufacturer or required by the National Highway Traffic Safety Administration (NHTSA). In the event of a safety recall, the manufacturer must take specific steps to notify motorcycle owners and then provide a remedy — usually a repair, repurchase, or replacement of the vehicle.
- If you were not properly notified of a safety recall concerning your motorcycle, contact us to speak directly with a motorcycle accident attorney.
A safety defect on a motorcycle or other vehicle is typically found by the manufacturer or the NHTSA, and are often the result of an investigation following consumer complaints. When a manufacturer or the NHTSA discovers a safety defect in a motorcycle, the manufacturer must notify vehicle owners of the problem and provide the opportunity for a remedy, such as a free repair.
Safety recalls are governed by federal law. In general, the law defines a safety defect as a problem that:
- Poses a safety risk in motor vehicles (in this case motorcycles)
- Exists in a group of other motorcycles of the same design or manufacture or parts manufacturer.
Defects that are not related to safety are not covered by federal law and are not subject to recall. However, non-safety-related defects could form the basis for a product liability claim or lawsuit.
Questions About Safety Recalls, Defective Motorcycle Design Or Parts? Contact Us At Chopper Law
Chopper Law serves Pasco, Hernando, Pinellas, Hillsborough and Citrus counties helping to protect the rights of Central Florida motorcyclists. If you have been injured in a motorcycle accident and need the help of an experienced, tenacious motorcycle accident lawyer, contact us today.
