Motorcycle accidents are often very serious accidents that can lead to severe injury or death of the motorcyclist. In some cases, those accidents are caused by other drivers who aren't paying attention to the roadway. Our Florida readers might be interested to know that there are other factors that might lead to motorcycle crashes. One of those is a defect with the motorcycle.
When any motor vehicle is manufactured, the manufacturer has a duty to ensure the motor vehicle is safe. When defects are found in motorcycles, the manufacturer should issue a recall so that motorcycle riders with that specific model of bike can avoid being injured by the defective bike.
In some instances, the manufacturer might not issue a recall. In that case, the National Highway Traffic Safety Administration might opt to issue a recall. The NHTSA can make the call about a recall based on the mandatory information that the manufacturer must present in the instance of events that warrant a recall.
If a motorcycle recall is conducted, people who own that type of motorcycle will be notified. There will also be public notices issued about the recall. The recall has to include specific information, including how the remedy to the recall will be handled.
When a motorcycle defect is the cause of an accident, the injured motorcycle rider has the right to seek compensation for the damages associated with the accident. In order to do so, the biker would have to file the complaint against the manufacturer. Understanding how to do that, as well as how to prove fault, can help to make the process easier.
Source: FindLaw, "Motorcycle Defects and Recalls" Oct. 29, 2014