Although riding a motorcycle comes with inherent risks, a defective motorcycle does not correctly function when well-maintained and used for its intended purposes. Motorcycles can have all sorts of defects, which can put their riders in situations where they may experience harm. Manufacturers should issue a recall when they become aware of those defects.
However, many people may be injured before they can issue this recall, and even if it is recalled, manufacturers may not be able to fix the issue immediately. When you are injured from a motorcycle defect and recall in Gainesville, a practiced motorcycle accident attorney from Smith Hulsey Law may help you hold the liable party accountable.
Like other consumer goods, motorcycles come with implied warranties, which state that the vehicle will be used for its intended purpose and does not contain any dangerous design or manufacturing defects. Motorcycles also come with written warranties that guarantee that they will be free from defects or problems for a particular length of time. If problems arise, the warranty states that the manufacturer will correct them.
Consumers who discover a defect can ask the manufacturer to fix it. Once enough consumers claim that a defect exists, the National Highway Traffic Safety Administration (NHTSA) will require them to issue a recall. Before that time, consumers may have problems getting the manufacturer to fix the issue. They may also have to pay out of pocket to remedy defects the manufacturers should cover. Our local lawyers at Smith Hulsey Law may be able to help a consumer pursue compensation for defects and recalls for a motorcycle in Gainesville.
When defects lead to injuries, the remedy should go beyond fixing the motorcycle, and the manufacturer or seller should be responsible for any injuries sustained because of it. However, proving that a defect contributed to an accident can be difficult without a knowledgeable attorney’s assistance. Our skilled legal professionals could hire accident reconstruction specialists to demonstrate the defect’s role in the wreck. Additionally, our lawyers may use witness testimony, photographs of the scene, police reports, and other evidence to show how it led to the accident.
Because motorcycle wrecks often cause extensive injuries, recovery can be costly, too. A few days in the hospital may quickly exhaust the limits of minimum liability insurance policies but be far from meeting the needs of an injured biker. Our lawyers could perform a detailed investigation to understand whether a defect played a role in a motorcycle accident in Gainesville and whether a recall was necessary.
Even when a defective motorcycle does not lead to injuries, you may have to decide whether to continue riding it. Sometimes, recalls instruct riders to park their vehicle until repairs are possible. However, the manufacturer may not offer alternative vehicles, and renting a vehicle may not be a choice.
When a defect impacts you, our experienced lawyers may be able to help you understand your legal options. Schedule a consultation with a seasoned attorney from Smith Hulsey Law today to learn more about motorcycle defects and recalls in Gainesville.
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