No vehicle should be sold to a consumer if it is not safe, but unfortunately, many defective vehicles do slips through the cracks and wind up in the hands of unsuspecting operators. The same is true of equipment that is changed on a routine basis. We always expect that the tires we are getting are safe and that the parts switched out during a tune up are safe and reliable. Whenever a motorcycle accident occurs due to defective equipment, the manufacturer and installer of that equipment both bear responsibility for allowing an unsafe piece of equipment to make it onto the road.
Motorcycle Tire Blowout Resulting In Injuries To Operators & Their Passengers
Accidents due to defective tires are the most common type of accident that occurs because of defective equipment. The rupture of a tire makes it extremely hard for a motorcyclist to maintain control of his or her bike, often resulting in an accident as the cyclist attempts to bring the scooter, moped or other two wheeled vehicle to a halt. In the event that a motorcyclist loses control of his or her bike due to mechanical or equipment failures, a case may be pursued against the manufacturer or even the dealer or repair center that installed the defective part.
Motorcycle Helmet Defects Resulting In Catastrophic Injuries To Riders
While not technically a part on the motorcycle itself, defective motorcycle helmets and other types of safety equipment can amplify injuries a motorcyclists may sustain in a collision. Considering that most states now require use of helmets for motorcyclists and approximately 90% of motorcycle fatalities involve a motorcyclists not wearing a helmet, it is no surprise that more riders are taking helmet use seriously and carefully researching products with respect to their safety record before purchase.
Unfortunately, there most motorcycle helmet defects are not known until after a collision occurs. When a motorcycle helmet fails to perform to the level suggested by the manufacturer or safety regulating agency and a motorcyclist is injury as a result, the individual or their family may have grounds to pursue a product liability case against the company for past and future medical care.
Given that the mechanical failures of the helmet are at issue in these cases, it is important for people who believe they may have a motorcycle helmet defect claim to contact a product liability lawyer as soon as feasible so they may evaluate and conduct necessary testing to determine the engineering aspects of the case against the company before moving forward.
Other Common Motorcycle Equipment Failures Contributing To Serious Injury & Death
While tire blowouts are the most common cause of motorcycle injury due to defective parts, other equipment may fail to meet federal safety standards and could fail at any moment. The rear wheels, brakes, shock absorbers and chain may all be causes for concern if the equipment is defective and could easily contribute to an accident. Federal law mandates that any manufacturer who discovers a defect in any equipment must issue a recall and notify the owners of the vehicles affected so that they may replace the defective part at no cost to the consumer.
Law Applicable To Motorcycle Equipment Defect Lawsuits
Title 49, Chapter 301, Section 30101 (a) (8) of the United States Code of Motor Vehicle Safety outlines the definitions of defective equipment and the procedure that must be taken to remedy known defects in motor vehicles. A defective piece of equipment is any part that may cause an unreasonable risk of injury or death to the operator or anyone who comes in contact with the vehicle, whether it is moving or parked. The National Highway Traffic Safety Administration (NHTSA) is responsible for reporting all known defects and recalls and consumers may check with the NHTSA to see if there are any recalls on their own vehicles or equipment.
By law, the manufacturer must notify anyone who owns the product of a recall due to defective equipment, but the manufacturer may fail to issue a recall in time or properly inform consumers of a defect. If this happens, the manufacturer is fully liable for any injuries or loss of life associated with the defective parts and could have cases brought against it in court. The inconvenience and cost of notifying customers and repairing all of the defective vehicles in a product line are far outweighed by the cost of medical care to those injured by the product and the value of life that may be lost in accidents.
Motorcycle, Helmet & Product Defect, Injury Lawyers
If you have been injured as a result of a defective piece of equipment on your motorcycle including the bike itself, helmet or tire, Chicago Injury Center is a trusted law firm located in Chicago and throughout Illinois that has experience and knowledge that can be critical to winning your case. We specialize in representing those who have been injured or lost a family member due to a motorcycle accident and we offer our services at no risk to the client. This means that our consultations are free of charge and we will not ask for payment unless we are able to claim damages on your behalf.