Defective motorcycles and accessories
How do you know if your motorcycle crash was caused by a design or manufacturing defect? Without an investigation by a qualified attorney and a knowledgeable mechanic, it may be impossible to know for sure. Defects may involve motorcycle weight, helmets, tires,
or other parts and equipment. These red flags may indicate a defect was to blame for an accident:
- Tire malfunctions, especially on fairly new tires
- Strange wobbles or noises immediately prior to the crash
- Motorcycle malfunction “for no reason”
- A crash with no apparent cause (good weather, no driver impairment, no excessive speed, etc)
- Accident involving heavily loaded motorcycle
What to do if you suspect a defect
In order to prove that your motorcycle was defectively designed, you will have to prove three things:
- The part in question was defective.
- The part was defective when sold to you.
- The part in question caused your injury or accident.
In order to prove these points, it is critical to gather and keep the following as evidence:
- All parts and pieces, instructions and labeling that came with your motorcycle
- Purchase documentation
- Injury or death documentation
We highly recommend you contact an attorney who has experience litigating motorcycle defect cases. This is a specialty area of the law, so finding someone who has already successfully settled or won in court with these cases should save you time and money.
How to report a defect
Remember, reporting a defect as soon as possible could help save the life of a fellow biker. First, check to see if your product is on the NHTSA safety recall list:
You can get up-to-the-minute information on safety recall campaigns or information on the recall history of a particular make and model of motorcycle by calling NHTSA's toll-free Auto Safety Hotline, 1-888-327-4236, or by accessing NHTSA at http://www-odi.nhtsa.dot.gov/.
If your product is listed, be sure to contact the manufacturer, who must supply a free remedy. If your product is not listed, it is very important to report it to NHTSA by calling the hotline number 1-888-327-4236, or accessing the complaint section at http://www-odi-nhtsa.dot.gov/.
If you or a loved one have been injured, it’s important to contact a qualified attorney
who can assess defect and other issues.