If you were in a motorcycle crash caused by a defect in the bike, you might have grounds for a claim. A motorcycle manufacturing company could be held liable for any dangerous defects found in their product. However, it is important to understand how motorcycle recalls in McKinney could affect your claim. A practiced motorcycle accident attorney could help look over the facts of your case to determine if you are eligible to seek compensation.
A recall can be ordered for many reasons, and often a defect with a bike can lead to one. However, recalls are expensive, so they only occur under serious circumstances.
A manufacturer will consider several things when deciding to recall a motorcycle component or the bike itself, such as the failure rate, when the component fails, and what potential damages can be caused to the bike or rider. Some components that fail do not threaten safety. On the other hand, sometimes minor defects can lead to severe injury.
Therefore, a manufacturer must analyze the safety hazards of their motorcycles. If they fail to do so, they could be found liable for any harm caused by their product.
Defects can occur on motorcycles just as they can with any other consumer product. Motorcycles are complicated mechanical devices that have made many technological advances over the past 10 to 15 years. If these technologies fail, it could be catastrophic since motorcycles do not have a survivability compartment that most vehicles have.
For instance, a brake or steering failure can occur, creating a good product-liability claim. In those cases, a lawyer will check to see what defects have been reported to the Consumer Product Safety Commission and to other government agencies, or directly to the manufacturers. If the manufacturers knew of those defects and failed to warn about them or fix the problem, that is grounds for a civil claim.
When buying a motorcycle, a person should check to see if there have been any recalls for that model. The manufacturer of a motorcycle must tell consumers of any recalls under federal law. A person can also look at the website for the product and to check any recalls made.
A company will issue a public report after a failure of a motorcycle component, laying out what failed and why. It is often seen in a criminal investigation of that component, particularly if federal agencies are involved.
Following a motorcycle crash, police officers look at the rules of the road to determine the degree of fault, who violated which rules, and how. They will look at the physical evidence of what happened, what the witnesses tell them, and put a police report together.
Insurance companies typically look at their own best interest in determining whether somebody was at fault, or in trying to reduce fault or put fault on another party. Ultimately, a jury determines who is at fault and by what percentage.
When producing and manufacturing motorcycles, it is the duty of the manufacturers to design as safe a product as they can. It is incumbent on them to use their effort to produce the vehicle up to the standards of those designs, and to use quality components in doing so.
If a motorcycle manufacturer knowingly sells a defective bike to consumers, they could be found liable for any injuries that ensue. However, if a biker is injured after a bike has been recalled, the injured individual may not have grounds for a claim.
If you were injured in a motorcycle collision, it is important to know whether you have grounds for a civil claim. An attorney experienced with motorcycle accidents could look over the facts of your case to determine if a defect caused your injuries. They could also investigate motorcycle recalls in McKinney to determine if the product was taken off the market prior to your accident. Call a lawyer today to learn more.
McCraw Law Group