We wish to thank the Edwards Law Firm, a long supporter of motorcycle safety, for making this website possible.
Recognizing a defect
How do you know if your motorcycle crash was caused by a design or manufacturing defect? You probably won’t know for sure without an investigation carried out by a qualified attorney and a knowledgeable mechanic. But some things that should make you suspect a defect include:
- Tire malfunctions, especially on fairly new tires
- Strange wobbles or noises immediately prior to the crash
- Motorcycle malfunction “for no reason”
- A crash with no apparent cause (good weather, no driver impairment, no excessive speed, etc)
- Accident involving heavily loaded motorcycle
A motorcycle should be designed with the rider’s safety in mind. Motorcycle companies who design and produce defective, unsafe products should be held accountable.
What to do if you suspect a defect
In order to prove that your motorcycle was defectively designed, you will have to prove three things before a court of law: that the part in question was defective; that it was sold to you that way, and that it caused your injury or accident.
Because of this it is critical to gather and keep the following as evidence:
- All parts and pieces, instructions and labeling that came with your motorcycle
- Purchase documentation
- Injury or death documentation
We highly recommend you contact an attorney who has experience litigating motorcycle defect cases. This is a specialty area of the law, so finding someone who has already successfully settled or won in court with these cases should save you time and money.
How to report a defect
The first thing you should do is to check to see if your product is on the NHTSA safety recall list For tire recall information: www.safercar.gov
For motorcycle and helmet information: http://www-odi.nhtsa.dot.gov
To search for defect investigations by model: http://www-di.nhtsa.dot.gov
Consumers can get up-to-the-minute information on safety recall campaigns or information on the recall history of a particular make and model of motorcycle by calling NHTSA's toll-free Auto Safety Hotline, 1-888-327-4236, or by accessing NHTSA on the Internet at http://www-odi.nhtsa.dot.gov/
If your product is listed, be sure to contact the manufacturer, who must supply a free remedy. If your product is not listed, it is very important to report it to NHTSA by calling the hotline number 1-888-327-4236, or accessing the complaint section at http://www-odi-nhtsa.dot.gov/
If you or a loved one have been injured, it’s important to contact a qualified attorney who can assess defect and other issues.
Recalls
Get up-to-the-minute information on safety recall campaigns or the recall history of a particular make and model of motorcycle:
Call toll-free
1-888-327-4236
(NHTSA-National Highway transportation safety administration)
Visit the website www.nhtsa.dot.gov
See also the NHTSA Motorcycle Safety Program