Many people enjoy riding motorcycles across Tennessee’s roads and most will do so safely. Unfortunately, there is always the possibility that there will be an error in the production of these vehicles. All riders must pay attention to motorcycle defects and recalls in Memphis in order to stay safe. If you were injured due in part to a defect, a Board-certified motorcycle accident attorney like David E. Gordon can help you make your case for compensation.
How to Handle Motorcycle Defects
If a motorcycle has any defects that were the responsibility of the manufacturer, then the vehicle should be recalled. Usually, the maker of the vehicle informs the owners about any problems that can occur with the bikes. Some manufacturing defects might just result in a visual abnormality but others can influence the safety and comfort of riding.
To see if a motorcycle has ever been recalled in Memphis, riders have to get the VIN number, which is a 17-character code that they can find on the steering neck or the motor cover, depending on the make and model. The VIN number should also be on the insurance card. A person who was hit by a motorcycle could ask the owner what the VIN number is in order to look up if that model has had any recalls. Once they have the VIN number, they can put it into a motorcycle recall check online and get an almost instant result, free of charge. If the motorcycle in question was recalled, there might be the possibility of a defective products case.
What is the Difference Between a Defect and a Recall?
A motorcycle defect refers to anything about the motorcycle that makes it unreasonably dangerous. That particular defect might not be on every motorcycle that that manufacturer made that year, or on every model. It might just be on that one particular motorcycle. A recall, on the other hand, involves a defect that is common to every motorcycle of that make and model made by the manufacturer.
When a recall goes out, there are four key pieces of information that are included:
- The date and time of the recall provided by the manufacturer
- A description of the defect that initiated the recall
- Recommendations for the owner of the bike about how they should address the defect
- What could happen if the motorbike is not returned for repairs
Manufacturer Liability
If someone is injured on a defective motorcycle before the recall is announced, then the manufacturer may have liability under the laws governing all products. This means that a dangerous design or a dangerous production has resulted in a product that is unreasonably dangerous. Manufacturers are responsible for the harm that these products cause.
If the owner of the motorcycle received notice that their bike has a defect that makes it potentially dangerous, and they do not return it to the dealer for repair, then the owner is likely going to be unsuccessful in their effort to get compensation for injuries. However, the manufacturer is not absolved of responsibility even after issuing a recall. There will still be motorcycle owners who, for one reason or another, never received notice of the recall. They should speak with David to see if their claim is still valid.
How Are Consumers Informed of Recalls?
The dealership communicates with the manufacturer every time someone purchases a motorcycle from them. Therefore, the manufacturer has the name and address of every person in Memphis who has purchased one of their motorcycles for a seller and can use that information to spread the word about a defect or recall.
Under the law in every state, including Tennessee, a manufacturer is required to notify consumers of potentially dangerous defects. Whenever a manufacturer learns that one of their motorcycles is not operating in the way it was intended, they are under a legal duty to notify every purchaser and pay for the repair. If a rider knew of the recall before getting into an accident, they could have a more difficult time filing a claim.
Discuss Motorcycle Defects and Recalls with a Memphis Attorney
Manufacturers and sellers have a duty to prevent defective vehicles from getting into consumers’ hands. They also have a duty to get the word out if there are any motorcycle defects or recalls in Memphis. Consult with the Law Office of David E. Gordon to understand how a recall or defect could potentially impact your case.
