Motorcycle accidents often cause serious and even catastrophic injuries. When the crash was not your fault, you can bring a claim against the driver or other party who contributed to it.
The attorney representing you should investigate whether motorcycle defects and recalls in Prescott might have had a role in the incident. When a manufacturer sells a bike with a defective part, and the defect was a factor in the accident, the manufacturer is liable.
Reach out to Phillips Law Group when you are injured in a motorcycle crash. Our firm has been representing bikers in the area for decades. We will investigate to determine whether a manufacturer could be liable to you for your injuries, and if so, we will use all our resources to hold them accountable and obtain fair compensation for your losses.
Manufacturers Are Strictly Liable When a Defective Part Causes an Injury
Manufacturers are responsible for producing safe products for reasonably anticipated use. When a Prescott attorney can prove that a problem in a motorcycle component’s design, manufacture, or labeling caused the product to be defective, the manufacturer is responsible for paying compensation to anyone who was injured by it.
Manufacturers often do not know a motorcycle part is defective until they start receiving reports of accidents. Sometimes the manufacturer receives multiple reports before issuing a voluntary recall of the unsafe component. Some manufacturers do not voluntarily recall their products, and the National Highway Transportation Safety Administration (NHTSA) must force a recall. The fact that a component was recalled is evidence a legal professional can use to prove a part was defective.
Recall notices are typically posted on the manufacturer’s and NHTSA websites and reported to the media. The manufacturer also notifies the dealers, who notify their customers.
Delayed Response to a Recall Notice Could Impact Compensation
When a motorcycle component is recalled, the manufacturer pays to have the part repaired or replaced. Even though the service is free, motorcyclists might delay taking their machine in for service. However, unreasonable delay after receiving a recall notice is evidence of negligence because a biker has a duty to ensure their motorcycle is in good working order.
When an injured biker sues the manufacturer for compensation after an accident caused by a defective part, and the part has been recalled, the manufacturer will determine when the recall notice was sent. If the biker had adequate notice of the recall and continued to use the motorcycle without taking it in for the required service, the biker is likely partially at fault for the accident.
Arizona Revised Statutes §12-2505 makes everyone involved in an accident responsible for their part in it, so when an injured person is partially at fault, they can only collect the portion of their damages attributable to the actions of others. A Prescott attorney can present evidence showing that the manufacturer’s negligence in selling the motorcycle with a defective part exceeds the impact of the biker’s delay. A legal professional can also assert that the delay was reasonable under the circumstances and the biker should not be saddled with any responsibility for the crash.
Consult a Prescott Attorney About the Role of Recalls in Motorcycle Crash Cases
You can hold a motorcycle manufacturer liable if you sustain injuries in an accident caused by a defective product. The case might become more complicated when the defective product is recalled, depending on the timing.
Work with an experienced attorney at Phillips Law Group if you were hurt in an accident involving motorcycle defects and recalls in Prescott. Our legal professionals have a sophisticated understanding of manufacturer liability, and they will use their skills to ensure you receive fair compensation for your injuries. The initial consultation is free, so please reach out to discuss your case with a member of our team today.
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