When you purchase a motorcycle, whether it be a used or a new one, the manufacturer has a responsibility to you to make sure that the bike that you are riding is safe and free from defects that may compromise your safety. It is important that you are aware of your rights as a motorcyclist and as a motorcycle owner so that if an accident does occur you will know what the manufacturers part in the accident might be, and what you can do to receive compensation for an accident that wasn’t your fault, but the fault of a unsafe motorcycle.
The first thing that we’ll discuss is manufacturer recalls and the rules that govern these as set forth by the National Highway Traffic Safety Administration, or NHTSA. If a recall is deemed necessary, based upon whether it violates a federal motor vehicle safety standard, the manufacturer must file a report stating the defect or noncompliance, the number of people that have purchased the bike or the number with that particular part on their bike, a recall schedule and instructions on how to return the product, as well as listing what led up to the recall determination.
The manufacturer is required by law to fix your situation or equipment free of charge, to get it to the point where it is safe or compliant with federal standards. The manufacturer is also required to make every attempt to contact the owner of faulty equipment, whether that means by cooperating with government agencies and authorities to get the contact information from vehicle registrations, advertising on television or radio, or posting the recall information in the newspaper, in a place where it will be seen. Whether or not you are notified personally, you are obligated to a free remedy.
You should bear in mind that if you continue to operate a vehicle that has been recalled, and you are made aware of it, the responsibility is yours if you are involved in an accident or collision as a result of the accident. However, if you are not notified or the recall has just been announced and you have been in an accident where the cause may have been the defective part or component of the motorcycle, then the company may be liable for damages, even if they have issued a recall notice, notified you of the defect, or come up with a fix for the malfunctioning part.
If you feel that you have been involved in some sort of accident and sustained injuries or had damage done to your bike as a result of a manufacturer defect and that defective part is now on recall, then you should contact an attorney before you remedy the recall. The company that manufactured the bike may be liable for medical bills or repair bills, or even lost wages if you lost your job or were not able to work because of a motorcycle accident. Contact a qualified personal injury lawyer and discuss whether or not you might be able to collect damages from the manufacturer.
