Not all motorcycle accidents are caused by road recklessness. At times, accidents happen due to defects in a motorcycle or its parts.
What are you going to do when you find out or you have been informed of defective parts in your motorcycle?
Consumer product defects and recalls are a common occurrence anywhere. Concerning motorcycles and other vehicles, safety recalls are undertaken by either the National Highway and Traffic Safety Administration (NHTSA) or the vehicle manufacturers themselves. This is in response to a discovered defect in a vehicle or a component of a vehicle.
A defect can be discovered in several ways including: in-house probe conducted by manufacturers, via customer complaints, or through unfortunate accidents related to the defect.
Thus, it is important to understand the procedure followed in vehicle recalls, and the respective responsibilities of those involved.
Whether a safety recall is conducted by the vehicle manufacturer, or is ordered by the NHTSA, a public report must be filed giving the following descriptions:
• The safety-related defect or noncompliance with a federal motor vehicle safety standard
• The number of involved vehicle/equipment
• The major events that resulted in the recall determination
• A description of the remedy
• A schedule for the recall
Manufacturers have a duty to notify owners of recalled vehicles or vehicle equipment. For vehicle recalls, manufacturers check their own records of vehicle purchasers with current information on state vehicle registration. For equipment or parts recalls, manufacturers must notify their distribution chain and known purchasers of the recalled equipment.
Importantly, even without a notification of a recall, if your motorcycle or other item of equipment is the subject of a safety recall, the manufacturer is obligated to provide a free remedy or replace it with the right one.
Under federal law, safety problems must be dealt with accordingly without cost to the consumers. Each safety recall is monitored by the NHTSA to ensure that manufacturers provide owners with safe, free, and effective remedies.
Once a defect determination is made, the manufacturers are given three legal options to correct the errors: repair, replacement, or refund. The manufacturer may choose to repair the vehicle; replace the vehicle with an identical or similar vehicle; or refund the purchase price in full, minus a reasonable allowance for depreciation.
In the case of equipment, including tires and child safety seats, the manufacturer can either repair or replace.
As a duty, the NHTSA also releases monthly public lists of motor vehicle safety recalls. These lists identify the make and model of the vehicle or equipment involved, with a brief description of the safety problem. The lists are often published to alert consumers about a product’s safety problems, and to encourage them to take action.
If there are issues associated with the brakes, chain, shock absorbers, toe clips, the rear wheels, or tires, a safety recall may be instigated.
If you have been injured in a motorcycle accident due to a defective or recalled motorcycle or motorcycle part, you must immediately contact a motorcycle accident lawyer who can help you obtain damages for your injuries.
It is also important that you contact a lawyer in order to ensure that all your rights are being fully observed. In cases of motorcycle accidents, you may always depend on the abilities and experience of a lawyer in pursuing personal injury claims.
Our motorcycle accident lawyers are highly trained in handling personal injury claims. For more details on how to avail our free case evaluation services, log on to our Los Angeles lawyers’ website.
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