Motorcycle accidents can occur for all types of reasons. Many times, drivers in larger vehicles simply do not see a motorcyclist on the roadway. Other times, drivers don’t provide a reasonable amount of care for motorcyclists on the road. But some accidents occur because of problems with the motorcycle itself. When faulty motorcycle parts are to blame for an accident, a motorcyclist injured in the accident might have a viable compensation claim. This is especially true if the manufacturer failed to perform duties required under the National Highway Traffic Safety Administration.
The NHTSA requires manufacturers to file reports that are public when safety issues or defects are discovered. The report must state which vehicle or vehicles is involved in the recall or safety issue so riders can identify whether they are at risk. It must also provide details about the issue and what events led them to know about the risk. This might include previous accidents, injuries or deaths deemed to be caused by the defect or safety issue. Manufacturers must also state how they will remedy the issue and provide a recall schedule for replacing or repairing the defective part or safety issue.
If you are injured in a motorcycle accident and you suspect a defect was to blame — in part or completely — for the accident, then you can name the motorcycle manufacturer and part manufacturer, and possibly other entities, in any suit you file. You might be able to do so even if the manufacturer has complied with NHTSA requirements for a recall notice.
Understanding who you can name as a defendant in a lawsuit might help you maximize any possible returns. Working with a professional to research, file and manage a lawsuit helps ensure the best chance at a positive outcome.
Source: FindLaw, “Motorcycle Defects and Recalls,” accessed Sep. 11, 2015