Legal Claims for Motorcycle Defects and Recalls

Like other motor vehicles, motorcycles can have manufacturing defects. These defects can pose serious risks to bikers, which is why it’s crucial to pay attention to motorcycle recalls. This is especially true when the underlying issues can lead to a serious accident.

This article examines the most common types of motorcycle defects and discusses what to do if you receive notice of a defect or motorcycle recall. It also explains the impact these defects can have on motorcyclists and the consequences of defective parts.

If you’ve been in a motorcycle accident due to a defective bike or motorcycle part, consider contacting a local motorcycle accident lawyer. Not filing a motorcycle accident lawsuit before the statute of limitations period expires means you’ll lose your chance to pursue damages.

Understanding Types of Motorcycle Defects

Manufacturers and product designers have a duty to ensure that the products they release to the market are safe. When they breach this duty, they face product liability claims and personal injury lawsuits.

As with any other product, motorcycle defects fall into three main categories: design defects, manufacturing defects, and warning defects. If any of these defects result in a car accident or other motor vehicle accident, the manufacturer, along with any other distribution chain members, may face injury claims by the accident victims.

Before you consider filing a product liability lawsuit, it’s important to understand the different types of defects you may experience. Let’s take a look at each one.

Design Defects

A design defect exists when there’s an inherent flaw in the original design of a motorcycle. Design defect cases have nothing to do with how the motorcycle was assembled. Instead, the design itself is the root cause of the problem. Regardless of how carefully the manufacturer makes the motorbike, it will still be inherently dangerous.

A prime example of a design defect is a fuel tank that leaks when the bike hits another object. The bike may not have been so dangerous if the designer had included a safety valve that prevented fuel leaks.

Manufacturing Defects

Manufacturing defects occur during the production or assembly process. These cases have nothing to do with the motorcycle’s design. Had the manufacturer made the motorbike correctly, there wouldn’t be a safety defect. Manufacturing defects can range from minor issues to severe flaws that make a motorcycle dangerous.

An example of a manufacturing defect is a motorcycle with defective parts, such as loose handlebars or substandard brake pads. Either of these defects can lead to a serious accident.

Warning Defects

A warning defect occurs when the retailer or distributor fails to disclose a potential danger. If a motorcycle is prone to overheating and catching on fire when the biker goes above 85 miles per hour, the manufacturer must disclose this fact. Otherwise, riders wouldn’t be aware of the potential danger of their bike overheating when they’re on the highway.

Who Can Be Named in a Motorcycle Defect Lawsuit?

If you get into a serious motorcycle accident because of a defect, your first step should be filing a claim with the insurance company before taking further action. If the insurance adjuster denies your claim, you may have no other option but to file a personal injury lawsuit. However, it’s not always clear who you’re supposed to file the lawsuit against.

If another driver caused your motorcycle accident, you can sue the at-fault party. A crash due to a manufacturing or design defect means targeting the responsible parties in the distribution chain.

Depending on the facts of your case and the type of defect, you may need to name one or more of the following parties as defendants:

• The motorcycle’s manufacturer
• The company that manufactured the defective parts
• The wholesaler or distributor
• The dealership that sold you the motorcycle
• The company that designed the bike (if different from the manufacturer)

Regardless of whom you choose to sue, your attorney must prove that there was a safety defect and that the defect was the proximate cause of your accident.

Motorcycle Recalls

Vehicle manufacturers have a duty to issue recall notices when they discover a safety issue with one of their motor vehicles. This is true for motorcycle manufacturers as well. It’s common for motorcycle manufacturers to issue a recall after a motorcyclist suffers a serious injury or dies due to a safety defect.

A recall can occur in two ways. In most cases, the motorcycle manufacturer voluntarily issues the recall. If the company discovers a safety defect, it notifies the people who bought the motorcycle and offers a remedy to resolve the defect.

In other cases, the safety recall is initiated by the National Highway Traffic Safety Administration (NHTSA), which orders the manufacturer to issue the recall. The manufacturer must offer to fix the problem free of charge.

If you receive a vehicle recall notice about a defective product, pay attention to the instructions. Do not ride a motorcycle with potential safety issues. If you ignore the notice and later get into an accident as a result of the defect, you may not be able to pursue the manufacturer in court.

The NHTSA’s Role

The National Highway Traffic Safety Administration (NHTSA) plays a pivotal role in ensuring motorcyclist safety. The federal agency monitors and mandates safety recalls when it identifies a safety defect in a motorbike or a violation of the Federal Motor Vehicle Safety Standards.

If a motorcycle manufacturer detects a problem, federal law requires the manufacturer to send a recall notice to all affected motorcycle owners. This recall information must include the following:

• The nature of the defect
• Instructions on how to remedy the problem
• An explanation of the safety hazards and risks
• How the company will remedy the problem at no charge to the consumer
• When the remedy will become available
• How long it will take to remedy the safety defect
• Where to take their motorcycle for repairs

When the manufacturer of a motorcycle part discovers a safety defect, it typically doesn’t have the names of the affected owners. Instead, part manufacturers notify the public about the problem using advertisements, point-of-purchase signs, or other methods. They can also alert the motorcycle manufacturer to whom they supplied the parts.

Remedies Available Through a Safety Recall

When a motorcycle manufacturer issues a recall, it must notify owners of the available remedies. Companies have three options when it comes to remedies. They can offer to fix the problem free of charge, issue a replacement motorcycle (or part), or refund the purchase price to the motorcycle owners.

If the company opts for a refund, it must reimburse the affected owners the full purchase price of the motorcycle minus reasonable depreciation. The older the bike is, the greater the depreciation.

Consequences of Defective Motorcycles

The aftermath of an accident resulting from a defective motorcycle can be devastating. Motorcycle accidents are usually much more dangerous than other motor vehicle accidents. This is due to the lack of protection for the motorcycle rider from the impact of the crash.

Some of the injuries motorcycle accident victims suffer include:

• Broken bones
• Traumatic brain injuries 
• Lacerations
• Severe burns
• Loss of limbs
• Facial disfigurement
• Spinal cord injuries
• Back injuries
• Death

If you suffer injuries in a motorcycle accident, you may have a legal claim against the other motorist or the motorcycle manufacturer. If a loved one dies in a motorcycle accident, you may have a claim for wrongful death. If possible, meet with a personal injury lawyer or wrongful death lawyer as soon as you can after the crash.

Disclaimer: State laws are subject to change due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a motorcycle accident attorney to verify your state laws.

Seeking Legal Advice

Motorcycle riders can stay informed about the latest recalls from the NHTSA’s database or the vehicle manufacturer. Motorcycle owners and motorcyclists must ensure they respond to notices about a recalled motorcycle per the recall notice.

If you suffer injuries due to a motorcycle defect, consult a personal injury lawyer or motorcycle accident attorney. They will review your case and help determine your legal options. Most offer a free case evaluation.