Riding a motorcycle comes with risks, but you expect your bike to work smoothly. Motorcycle defects and recalls in Albuquerque can increase your risk of a serious accident. Sometimes fixing a recalled part is relatively simple, but in some cases, defective parts can cause you to crash. When this happens, getting compensation for your injuries can be much more complicated than it would be if you were involved in an accident with another driver. A motorcycle accident attorney could help you navigate the process and get the best possible outcome.
Motorcycle recalls in Albuquerque work the same way that recalls for cars do. If a manufacturer starts selling a motorcycle and realizes there is a defect that affects its safety, the manufacturer can choose to issue a recall. The National Highway Traffic Safety Administration (NHTSA) can also investigate potential defects and require companies to issue recalls. When a manufacturer recalls a motorcycle, it needs to notify all of the motorcycle owners affected by mail and fix the problem at no cost to them. Owners can then take their motorcycles to approved shops for free repairs.
If a motorcycle has a defect that causes an accident in Albuquerque but is not involved in a recall, the motorcyclist may have a product liability case against the manufacturer. To file a successful product liability lawsuit, the injured person needs to prove they were using the product correctly, a defect existed, and the defect caused an injury.
The motorcyclist needs to show that they were riding as the manufacturer intended. If they made modifications that affected the motorcycle’s safety or took a motorcycle designed for pavement only off-road, this could make receiving product liability compensation difficult. The defect also needs to have caused an actual injury. For example, if a motorcycle had defective brakes, but the rider is able to stop safely, they would not be able to file a lawsuit. Finally, the problem with the motorcycle needs to be clearly connected to the cause of the accident, such as defective brakes that cause the motorcyclist to hit the car in front of them.
If a motorcycle is subject to a recall but the owner does not bring it in for repairs, they are unlikely to have a successful product liability case since they did not take action to fix the problem when they learned about it. However, this can depend on the timing and other factors. For example, if a manufacturer issues a recall and the defect causes a motorcycle accident the next day, the motorcyclist would have a good argument that they could not have reasonably heard about the recall and taken their motorcycle in for repairs in time to prevent the accident. If they waited a month after receiving a notification letter, they would probably not have a strong case.
Whether your motorcycle is affected by a recall or not, manufacturing defects increase your risk of a serious accident. Motorcycle defects and recalls in Albuquerque could make getting compensation after an accident difficult. An attorney could help you determine whether you have a product liability case and guide you through the process. Schedule an appointment with New Mexico Accident Firm to discuss the details of your situation today.
