Motorcycles are already dangerous enough without the additional danger of a faulty product. Motorcycle defects and recalls in Clearwater happen less often than automobile recalls do. However, when a motorcycle has a recall, it is more significant than if a car has a recall because if a car stalls out in the middle of the street, the person does not fall over and risk being hit by traffic.
One of the most significant parts of the motorcycle that can be recalled is the tires. A tire blowout from a motorcycle can be severe. If you have injuries resulting from a motorcycle defect, do not hesitate to contact a tenacious injury attorney who will fight for you.
Difference Between a Recall and a Defect
A defect is something that does not operate in a manner or a method in which it is designed to operate, that is all a defect is. The question does it rise from the level of recall means does it rise to the level that affects the person’s ability of safety or the ability for the vehicle to function properly.
Checking For Recalls
If someone wants to stay aware of motorcycle defects and recalls in Clearwater, there are a variety of sources they can consult. The Highway Safety and Motor vehicles, IIHS, has a website that publishes all of the recalls available. In addition, the manufacturers for those individuals that buy a motorcycle new from a dealership are obligated to provide notices when recalls for particular vehicles happen.
A public report is a report that is published for the public to be aware of a particular defect. It describes the effect of that the defect may have on the motorcycle or the motor scooter. It also indicates where that part can be replaced or repaired.
How a Recall Endangers a Motorcyclist
It depends on the recall. If a failure of a part occurs on a motorcycle or a motor scooter, it has far more severe ramifications than if it happens on a car. Motorcycle defects and recalls in Clearwater that are not repaired can definitely cause catastrophic injuries to a motorcycle driver and would not have the same effect in a car.
If it can be proved that the motorcycle that the person is operating has a defect that was not made public, although it should have been known, meaning that the legal theory of foreseeability comes into play, the person may be able to file a products liability action against the seller and manufacturer of the motorcycle for compensation for their injuries.
Role of Manufacturers
Designers and manufacturers of motorcycles have a duty to manufacture the vehicle to make it safe and operate appropriately. They do not necessarily have the same obligation as a car. A motorcyclist is considered an inherently dangerous instrumentality on the law, so it is understood that they are not safe. However, manufacturers are obligated to make a vehicle operate properly.
If there is an existing recall and the particular motorcycle operator is unaware of it because of the failure of either the dealership or the manufacturer to notify properly they may have a cause of actions against that dealership or that manufacturer. If you have sustained injuries as the result of motorcycle defects and recalls in Clearwater, a qualified personal injury lawyer can help you pursue a case.