After your motorcycle accident, it is important to speak with a medical professional and an experienced motorcycle accident attorney can look into whether or not there was a defect and whether the defect was the cause or major contributing cause of the accident and, if so, whether it is viable to go after the manufacturer for the injuries that the motorcycle rider sustained.
Whenever there is a serious accident and a question as to whether there was a defect that caused the collision or a factor in the collision and the crash, the bike should be preserved and stowed; put in storage until a proper expert can inspect the bike to determine what went wrong and if it was a defect subject to a recall.
The duty is to produce a motorcycle to put in the stream of commerce that is safe with all reasonable standards at that time. Things change, vehicles evolve, and more safety devices become available. Technology changes constantly and the state of the art technology at the time a motorcycle was built is really what controls. Did this motorcycle comply with all federal laws when it was placed in the stream of commerce or did the manufacturer use some antiquated technology or parts that are known to be dangerous and could lead to injuries.
Any time a manufacturer has a defect which leads to recall, the federal government has to be made aware of it. The National Highway Traffic Safety Administration (“NHTSA”) have a federal government website where defects and recalls will be reported once they are known by the manufacturer.
It would describe safety-related defects and non-compliance field of capacity. It would also detail the defect, what is wrong with the defect, the severity of the defect, and whether it is a type of thing where a person should not ride the bike until it is fixed; whether it is a safety issue or a cosmetic issue. There are different levels and information of the reports depending on the danger to the motorcycle operator.
The National Institute of Highway Traffic Safety Administration, (“NHTSA”), is a federal agency who is responsible for keeping track of all motor vehicle defects, recalls, and problems. They should register their motorcycle with the manufacturer as the owner of the motorcycle, whether they are the original purchaser or a purchaser of a used motorcycle, so if anything comes up they will be notified of any defect and recall.
If a person is concerned about their particular motorcycle, they could probably go into the manufacturer’s website as well to see if there has been any recalls on their particular bike and, of course, the National Highway Traffic Safety Institute is a good resource from our government.
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