Every modern motor vehicle contains thousands of interlocking components vital to keeping the vehicle structurally sound and safe to operate. While you may be able to coast to a stop if your car suddenly breaks down on the highway, it’s hard to do the same on a motorcycle. Even a minor malfunction on a two-wheeled motorcycle can cause a wreck with debilitating and possibly fatal repercussions.
Because of this, motorcycle manufacturers need to ensure that they only produce and sell defect-free machines, as well as issue recall notices for any dangerous flaws they become aware of as soon as possible. If you were hurt recently because your motorcycle’s maker failed to do either of those things, a seasoned motorcycle injury attorney experienced with suing over motorcycle defects and recalls in Merrillville could be an important ally in your pursuit of financial compensation.
Understanding Voluntary and Involuntary Motorcycle Recalls
Occasionally, a consumer product will have a defect so dangerous that federal authorities require the product’s manufacturer to issue a recall notice regardless of whether the manufacturer wants to do so. More often, though, major corporations—especially those in the automotive industry—will issue voluntary recalls on their own to notify their customers about a flaw in one of their products so they can avoid legal liability for injuries caused by that flaw.
To properly comply with federal laws, a company issuing a recall for a component in a motorcycle or for the entire machine must explain the nature of the defect, provide instructions on how and where to get the defect fixed, and offer repaired or replacement products at no additional charge to all owners of the defective product. A company’s failure to do any of these things may give someone grounds to sue over an injury caused by a motorcycle defect, even if a recall notice has already been issued, as our Merrillville attorneys could further explain.
What Motorcycle Defects Can Justify Civil Lawsuits?
If they have not yet issued a proper recall notice, manufacturers in the United States hold strict liability for all injuries to consumers caused by unreasonably dangerous defects in their product. For motorcycles in particular, legally actionable defects tend to be either fundamental flaws in a product’s core design that make every unit ever produced dangerous in the same way, or errors made during manufacture or assembly, resulting in a particular unit or batch of units not functioning properly.
As part of proving a defective motorcycle case, an injured person will also need to establish that the defect existed when the motorcycle left its manufacturer’s direct control and that the motorcycle’s condition did not meaningfully change after that point. They may also need to proactively prove that they were using the motorcycle responsibly at the time of their injury. Our Merrillville lawyers could answer any other questions about motorcycle defects and recalls during a consultation.
Contact a Merrillville Motorcycle Accident Attorney to Speak About Defects and Recalls
There are far too many examples of motorcyclists suffering severe or even life-threatening harm not because of their own negligence, but rather because of a mechanical problem with their motorcycle that they had no reason to suspect was there. If you have been injured under similar circumstances recently, you may have grounds to demand comprehensive compensation from the company that made and sold your motorcycle to you in a defective condition.
However, it can be difficult to obtain the compensation you deserve without support from a legal professional experienced with motorcycle defects and recalls in Merrillville. Fortunately, our team at the Law Offices of David W. Holub is here to help. Contact us today to discuss your case.