The term “motorcycle defects” refers specifically to any faults in a motorcycle that result from the actions of the vehicle’s manufacturer. Motorcycle defects are a specific form of a motor vehicle defect claim.
This is because the term “motor vehicle” extends to include trucks, vans, buses, and motorcycles. In most states, the legal definition of motor vehicle is “any self-propelled vehicle that is designed for operation on land, but does not use rails.” As such, motorcycles are included in that definition.
In terms of product liability claims or a product recall, a motorcycle defect generally only refers to flaws that create safety hazards. This includes flaws that may result in the injury of the motorcycle operator or passengers. As such, aesthetic flaws such as a botched paint job or a misplaced decal are not generally the basis for a motorcycle defect claim.
Examples of common motorcycle defects include, but may not be limited to:
- Faulty brakes and gas pedal defects, such as the pedals getting stuck or jammed;
- Safety equipment defects;
- Fuel, exhaust, and cooling system defects;
- Gas tank leaks that can lead to fires;
- Defects with hydraulic components;
- Suspension problems;
- Misaligned steering mechanisms;
- Other structural problems associated with the frame, body, transmission, or engine assembly;
- Electrical and computer problems.
Federal motor vehicle safety standards are what determine the minimum performance requirements for the parts that will most likely affect the operation of a vehicle, such as a motorcycle. These federal safety standards include but may not be limited to:
- Brakes;
- Tires;
- Steering device;
- Lighting;
- Anything else associated with the protection of the drivers and passengers.
What Are Motorcycle Recalls?
Motorcycle recalls are generally issued by the National Highway Traffic Safety Administration (“NHTSA”), but the vehicle manufacturer can also issue them once they have discovered a defect.
If your motorcycle or part of your vehicle is being recalled, the manufacturer is required by federal law to notify all registered owners and purchasers. This must be done by first-class mail, and the manufacturer must do so by using state vehicle registration information in order to locate all of the affected owners.
The motorcycle’s manufacturer must also provide all registered owners and purchasers with a free solution to the problem posed by the recall. This remedy can be an entirely new vehicle, free installation of new parts, or money as a sort of damages award.
For example, one major recall was the 2018 Harley-Davidson, which impacted almost 175,000 motorcycles because the vehicle carried a risk of brake failure. The recall campaign covered all models of motorcycles that were manufactured between 2008 and 2011 and were equipped with anti-lock brakes.
Because a recall was necessary, the manufacturer issued statements that recommended that the brake fluid be flushed every two years, and failure to adhere to this schedule resulted in the development of deposits that impaired the operation of a valve within the hydraulic brake control unit.
Harley-Davidson dealers also contacted and offered owners of the affected models a treatment of the brake system that would eliminate the problem. This involved flushing the brake systems of the affected models and then refilling them with a new, better brake fluid that was less likely to form the deposits that caused the problem.
Once again, if the NHTSA orders a manufacturer to conduct a recall, that manufacturer must issue a public report that describes all of the following:
- The affected motorcycle(s) and their respective model number or identifying information;
- The type of safety defect involved;
- Descriptions of the remedy for the problem;
- The nature of the events, such as frequent traffic accidents that prompted the recall; and
- Scheduling for the recall process.
How Do I Know if My Motorcycle Is Recalled?
Once again, the NHTSA is the government agency that has the most comprehensive list of recalls that an individual may search to determine if there has been a recall. As such, if you believe that your motorcycle or a part may have been recalled, you can search for current information regarding recalls by contacting the agency’s number or by visiting their website.
The resources provided by NHTSA will be able to inform you whether or not your motorcycle is part of any active recall campaign. Further, your local dealer may also be able to direct you regarding recalls. You can also search the motorcycle manufacturer’s website, as they will usually list individual recalls on their website as a requirement for informing the public.
What Happens if a Recall Repair Fails Again?
A motorcycle recall repair might fail to fix the problem specified in the defective issue, or the repair might increase the risk of harm to the driver or passengers or result in additional property damage. In that case, you will need to contact the manufacturer to determine a solution. Additionally, the location that performed the repair may also be liable for remedying their work. In some cases, automakers will offer monetary compensation to owners of vehicles with unfixable recalls or a completely new product.
The motorcycle owner may not be able to reach a solution regarding the motorcycle defect after attempting a resolution with the manufacturer or repair facility. If this is the case, they will also be able to initiate a private personal injury lawsuit, if they or others were harmed as a result of the issue in the recall.
What Are Some Remedies for Motorcycle Defects?
Once again, any person injured by a defective motorcycle is able to file a lawsuit to recover the damages that they suffered as a result of the defect. Examples of common damages that may be available in a motorcycle defect case include:
- Medical Expenses: Plaintiffs (i.e., the individual that was harmed) may be able to recover damages related to the cost of their past medical treatment, including surgery, hospital stays, physical therapy, and other related expenses;
- Future Medical Expenses: Plaintiffs may also seek to recover the costs associated with their future medical treatment and expenses;
- Lost Wages: If a plaintiff was unable to work or had to miss work due to their injuries, they may be able to recover the wages they lost as a result of their injuries;
- Property Damages: One of the main forms of damages in a defect case is the loss of the ability and function of the motorcycle. As such, the plaintiff may claim that they are owed the current worth and replacement value of the motorcycle in their damage claim;
- Punitive Damages: In cases in which there was a failure to warn by the manufacturer, or there is evidence that their conduct rose to be a willful and wanton disregard for motorcycle operators’ safety, punitive damages may also be issued by the court to punish the manufacturer;
- Pain and Suffering: Plaintiffs may also be entitled to damages for the physical pain and emotional suffering that they have experienced as a result of their injuries; and/or
- Wrongful Death: In rare cases in which the defective product resulted in the death of the operator, the estate of the operator may bring a wrongful death suit against the manufacturer.
- In a wrongful death lawsuit, the survivors of an owner might recover damages to compensate them for funeral and burial expenses, loss of consortium, past medical expenses, pain and suffering, and punitive damages.
Finally, if multiple owners were affected by the defective product, then the individuals may seek to form or join class action lawsuits.
How Can I Recover Losses for a Motorcycle Defect?
In order to recover for losses related to a motorcycle defect and prove that the vehicle’s manufacturer was liable for your injuries or losses, you must prove the following:
- The motorcycle had an “unreasonably dangerous defect” which caused your injury or loss;
- The motorcycle was being properly used according to how it was intended to be used; and
- You did not substantially alter the motorcycle from the condition in which it was originally sold.
- “Substantially altered” refers to the specific way that the vehicle is supposed to be performed and does not refer to maintenance and repairs.
This means that even if the motorcycle’s manufacturer did not intend for your injuries to occur, or if they were not reckless in their actions, you may still be able to recover if you can meet the above elements. As previously discussed, an “unreasonably dangerous defect” may be associated with:
- The motorcycle’s overall design;
- A defect in the manufacturing process, meaning that the design is acceptable, but the motorcycle was manufactured incorrectly;
- A failure to provide sufficient warning of any dangerous aspects of the motorcycle, such as failing to place a warning label where required.
A plaintiff will also need to understand how to initiate a personal injury lawsuit, as well as properly serve that lawsuit on the parties that are responsible for their damages. Oftentimes, this requires the assistance of an experienced defective product lawyer.
Do I Need a Lawyer for Help with Motorcycle Defect Claims?
If you have been injured because of a motorcycle vehicle defect, it is in your best interests to consult with an experienced defective products lawyer. An experienced attorney will be best suited to helping you understand your state’s specific laws regarding product liability and damages awards.
An attorney can also discuss your legal options with you to provide you with the most relevant legal advice. Additionally, an experienced defective products lawyer will be able to inform you of any class action lawsuits that you can join. An attorney will also be able to help you determine whom to sue and what evidence you should gather to support your claim, and will also be able to represent you in court, as needed.
