Florida Motorcycle Defects and Recalls

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What is a Defect? Common Defects Accidents Involving Defects Manufacturer Responsibility Harley Davidson Recalls Check for Recalls Defects & Recall Lawyer

At Rubenstein Law, we often deal with motorcycle accidents impacted by motorcycle recalls. There are many major motorcycle manufacturers—Honda, Suzuki, Kawasaki, Yamaha, Honda, Ducati, Harley Davidson, BMW, KTM, Aprilia, Victory, Triumph, and many others you probably don’t know. All of them, at one time or another, have to issue a recall due to motorcycle defects that could cause harm to riders. This is why it’s very important to register vehicle VIN & your contact info with the manufacturer. If you are registered with the manufacturer and your contact information is current, by law, they are required to notify you of any defect or recall.

If you were injured in a motorcycle accident, and you believe a defect contributed to your injuries or a recall is involved, do not hesitate to talk with a Florida motorcycle defect and recall lawyer. You can reach us by texting using our online chat, calling 800-FL-LEGAL, or submitting your information through our online form. We offer free initial consultations.

What is a Defect?

A defect is a flaw or imperfection that can make a product unsafe, less efficient, or unsuitable for its intended purpose.

There are three main types of defects:

Design defects mean a product was not designed to be as safe as possible while performing its intended function. A product does not have to be perfect or 100% safe. Some products, like power tools and cleaning supplies, have inherent risks. However, products should be designed to be as safe as possible to prevent harm to consumers. With a design defect, all units of the product are affected.
Manufacturing defects mean a part was not created in accordance with its design specifications. The difference between the end product and the design may create a dangerous flaw. Manufacturing defects impact some of the units. Motorcycle defects are often manufacturing defects.
Warning/marketing defects mean a product does not include the appropriate instructions or warnings that would enable a person to use the product as safely as possible.

Common Types of Motorcycle Defects

When you purchase a motorcycle, it should be safe to use as intended. Unfortunately, many motorcycles make it to the road with design and manufacturer defects. Some of these defects create unnecessary dangers for riders, including increasing the risk of a crash.

Dangerous motorcycle defects include issues with the:

Frame: The motorcycle’s frame is fundamental, and it must be able to withstand normal riding conditions. Frames that are likely to rust or crack increase the risk of harm to the rider.
Brakes: All motorists rely on their vehicle’s brakes to work. A brake failure on a motorcycle can be fatal.
Wheels/Tires: Defective wheels and tires can make the motorcycle unstable. The operator may have a difficult time controlling the bike. The bike may unexpectedly swerve or skid or a tire may blow.
Engine/Crankshaft: If the motorcycle’s engine suddenly fails, such as due to a defective crankshaft, riders can be hurt or killed in an accident.
Ignition Systems: Ignition system malfunctions can cause the motorcycle’s engine to heat up too much or too quickly or cause the engine to experience power dips. An ignition defect may cause the bike to not start consistently or to not operate well at low speeds.
Clutch: A motorcycle’s clutch is used to shift gears, which is critical to properly controlling the bike. A defect in any part of the clutch could make it difficult for the rider to operate the bike safely.
Handlebars: Handlebars are an essential component of a bike and required for steering. Defective handlebars can prevent a rider from being able to control the bike.

Were You Hurt in a Motorcycle Accident Involving a Defect or Recall?

If you were injured in a single or multi-motorcycle accident because your bike malfunctioned, contact a lawyer for motorcycle defects and recalls in Florida right away. A motorcycle defect may have caused or contributed to the crash. The only way to find out is to retain an experienced attorney who will thoroughly investigate the cause of the accident.

You need an attorney who will work with motorcycle and industry experts to uncover the defect, determine its role in the accident, and determine whether the manufacturer had previously issued a recall.

Motorcycle Manufacturers Are Responsible for Dangerous Defects

Motorcycle manufacturers are responsible for making sure the products they sell are safe when used as intended. All of the parts of your bike should be designed and manufactured to be as safe as possible when serving their intended purpose. When a part or motorcycle is not designed or manufactured appropriately, the manufacturer is liable for any harm caused by a dangerous defect.

Unfortunately, most defects are not uncovered until one or more riders suffer an accident and discover a defect led to the single or multi-vehicle crash. Once manufacturers learn of a potential defect, they must perform due diligence to determine which motorcycles are affected.

A manufacturer must issue a motorcycle recall when a defect creates a potential hazard for the motorcycle rider. Manufacturers are obligated by law to notify motorcycle owners of a recall and provide a remedy to the defective for free. Manufacturers may issue a voluntary recall, or a government agency may require manufacturers to issue a recall. The National Highway Traffic Safety Administration (NHTSA) also can issue motorcycle recalls.

If you were injured or a loved one was killed due to a motorcycle defect, you should speak with an attorney experienced in proving motorcycle defects caused serious crashes and fatalities. Even if the recall was issued before the defect-related accident, you have the right to pursue compensation for your injuries.

How to Check for a Motorcycle Recall

You can check if a recall applies to your motorcycle by using the NHTSA recalls website or the motorcycle manufacturer’s website. You will need the motorcycle’s VIN.

The VIN location is generally the same for motorcycles and dirt bikes – on the steering neck – though some are located on the motor near the bottom of the cylinders. Turn the handlebars to the left and look on the right side of the frame where the steering head goes through the frame.

What this VIN search tool does NOT cover:

Completed safety recall information
Manufacturer customer service or other non-safety recall campaigns
International vehicles
Very recently announced safety recalls for which not all VINs have been identified
Safety recalls that are more than 15 years old (except where a manufacturer offers more coverage)
Safety recalls conducted by small vehicle manufacturers, including some ultra-luxury brands and specialty applications

Talk With a Florida Motorcycle Defects and Recalls Lawyer Today

If you know or suspect you have been injured because of a motorcycle defect, contact Rubenstein Law through our online form, texting our online chat, or calling 800-FL-LEGAL. We are available 24/7 to schedule your free initial consultation.