When an individual is riding their motorcycle, they expect that the vehicle itself and all of the parts are in working order. The idea of a faulty product might seem ridiculous, but all it takes one defective part to alter the course of someone’s life. Aurora motorcycle defects and recalls do not happen often, but when they do, they can have harmful consequences including catastrophic injuries. As a consumer, you expect that the products you are using are safe.
Furthermore, the designers and manufacturers of motorcycles and motorcycle parts have a duty of care to prevent injury or damages arising out of a fault or failure of their product. An individual who is at fault on their part, who sustains an injury caused by a designer or a manufacturer defect may seek relief from the manufacturer, which is where an Aurora motorcycle accident lawyer can help. Contact a lawyer and know that you are in good hands.
Commonness of Motorcycle Defects and Recalls
Unfortunately, defects on motorcycles happen and they happen more often than people would like them to. Just recently in 2016, NHTSA announced an investigation into the brake failure on Harley-Davidson motorcycles.
In 2016, Harley-Davidson also recalled 14 models with issues with the clutch lever. It affected more than 25,000 motorcycles. In fact, BMW recalled more than 1,000 motorcycles because of software problems it had in the engine control and, in 2015, BMW recalled more than 40,000 motorcycles because of a defective flange on the rear wheel. The issue with the flange was it would cause the rear wheel to fall off when operators of this motorcycle were operating it.
Difference Between a Defect and a Recall
A motorcycle defect is when a motorcycle has some shortcoming and or an imperfection or the motorcycle just lacks something that it needs. A recall of a motorcycle or a motorcycle part is when a part on that motorcycle or the motorcycle itself has something wrong with it.
The part that is being recalled could be because of a flaw that has surfaced or a newer or safer design has been introduced to the market. A recall usually happens when keeping the part on the motorcycle will or can cause the operator of that motorcycle injury.
The best place to check if a motorcycle has been recalled and there is a defect in any way, shape, or form is just go the NHTSA website. There, one will find all the information needed regarding any of the recalls.
There are also public reports. Public reports are prepared by the manufacturer of a product. A public report is a document that describes the safety-related defects or non-compliance with the federal motor vehicle safety standards, the involved vehicle or equipment population, a description of the remedy, and a schedule for the recall.
Risks Associated With Motorcycle Recalls and Defects
If a person is operating a motorcycle and it has a defect, their life and the life of others on the roadway could be at- risk. A motorcycle rides on two wheels. Therefore, any issues on a motorcycle are magnified. A small bump in the road could send a person flying whereas a bump in the road while operating a car would have minimal effects on the drivers.
Take for instance the BMW recall of 2015. If the rear flange came apart or fell off, the bike would lose its rear wheel. If a motorcycle rider lost its rear wheel, the driver has a good likelihood of being severely injured if not killed. As stated earlier, everything on a motorcycle is magnified. The smallest of issues could become life or death when Aurora motorcycle defects and recalls are involved.
Contributory Negligence in Aurora Motorcycle Accidents
If the injury occurred because of a defect or the recall itself and there was no human error, there was no error by the motorcyclist, the rider would have some type of relief from the manufacturer of the product or designer of the product. If the recall happened and the motorcyclist failed to heed recall notices then the motorcyclist may be barred from recovery as the operator may be deemed contributory negligent, meaning the operator of the motorcycle knew there was a defect, chose to ignore it, and operated the motorcycle.
In that case, the manufacturer of the product would not be liable or the amount that the motorcycle rider would recover would be reduced by whatever amount that they were contributorily negligent. In that instance, any injuries resulting from Aurora motorcycle defects and recalls would be the responsibility of the motorcyclist.
There are a few things that a public report describes. A safety-related defect is understood as what is defective with the motorcycle. Non-compliance describes any sort of missing part on the motorcycle that the federal government says must be there.
Vehicle capacity details how many motorcycles are affected by the recall, including all the models, colors, and distinguishing factors that can let the public know that their motorcycle may be affected by the recall.
Next, it is important to determine what happened that caused this recall, as well as a proposed remedy that can help address the issue at hand. It is also important to state the period of time that it will take to fix this issue.
Value of a Lawyer
Being involved in a motorcycle accident can be a terrifying experience. That experience can be even more upsetting if the accident is the result of a faulty product that you purchased. As a consumer, you expect whatever you are buying should work properly but that is not always the case. Sometimes Aurora motorcycle defects and recalls can render an otherwise safe method of transportation, into a deadly machine. Accountability is of the utmost importance in situations like this, and an experienced personal injury lawyer can work diligently to make sure that the right people are held responsible for their negligence. If you have sustained an injury as the result of a motorcycle accident due to motorcycle defects or recalls, get in touch with an attorney who will fight for you.