What happens if you are injured in a motorcycle that is part of a recall?

Motorcycles are subjected to a million different scenarios every day all over the world. Even the most stringent safety guidelines and testing procedures cannot account for every stress scenario these vehicles will endure. When a particular flaw rears its head multiple times; that is when a recall is enacted. Unfortunately, recalls are not typically ordered until after several accidents have resulted from the design flaw. Recalls can be initiated by two entities: the National Highway Traffic Safety Administration or by the motorcycle manufacturer.

 

Once a manufacturer discovers a defect it must send out a public notice immediately. The notice must include the following information:

  • A schedule for the recall.
  • The motorcycles / components affected by the recall.
  • The nature of the defect.
  • The events that resulted in the recall, usually for motorcycles it is a series of accidents.
  • Finally, describe how the manufacturer plans on correcting the mistake.

In addition to the notice, the manufacturers must contact the owners of all the affected motorcycles. Once the public has been adequately notified, the manufacturer must pay for the cost of the repair. Typically, these repairs will be handled by the dealers.

If you are involved in an accident as a result of this defect then you may have a claim against the manufacturer. Depending upon when the manufacturer learned of the defect, the nature of your accident and when your accident occurred ? you may have claims for your injuries, the damage to your motorcycle and other damages.

Sometimes a motorcycle accident is just an accident. But, every now and then, it isn?t anyone?s fault but the manufacturer. If you are involved in an accident while riding your motorcycle then you may want to speak to an attorney. These cases can sometimes involve a lot more than you and the other driver.

 

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T.J. Smith, Attorney at Law
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