Motorcycle defects are deadly. The problem is that a lot of times a motorcyclist is seriously injured or killed because of a defect, but he or she never discovers the real cause of the crash.
When severe injuries happen, memories of a crash can be fuzzy at best or just a complete blank. But even if the memory is clear, a motorcyclist might not realize why he or she crashed. In these situations, therefore, and especially in fatal crashes, it is important to go over accident scene evidence and witness accounts with a fine-toothed comb. It is also important to research current and past motorcycle recalls to determine whether a defect may have caused the incident.
Even if there has not been a defect or recall announced relating to the motorcycle, however, it still doesn’t rule out the possibility of a dangerous design flaw or defect. Indeed, motorcycle manufacturers do not typically volunteer a recall until after significant instances of defect-related problems have been reported. Then, the vehicle manufacturer or the National Highway Traffic Safety Administration will order the recall in order to prevent injuries or deaths.
Is it possible that your motorcycle accident case will be the first one related to a previously undiscovered defect or design flaw? Yes, it most certainly is. Therefore, if you have suffered serious injuries in a motorcycle collision and you’re not sure how the crash could have occurred, you may want to discuss the issue with a personal injury attorney familiar with motorcycle crashes, the numerous makes and models of motorcycles and how to identify specific types of motorcycle design flaws and defects following a crash.
Source: FindLaw, “Motorcycle Defects and Recalls,” accessed Dec. 11, 2015