Motorcycle Manufacturer Liability
In the state of Florida, over the past few years, more and more individuals are changing from an everyday vehicle to a motorcycle as their preferred method of transportation. While much of this is certainly in an effort to look and feel cool, the benefits of riding a motorcycle in today’s world – especially for a single individual, far outweigh the negatives. For many, riding a motorcycle saves them thousands of dollars per year on gas costs – plus motorcycles tend to leave a far smaller carbon footprint on the environment than any other vehicle would ever, including many of the smaller engine vehicles as well. In addition, in a state like Florida, aptly coined the “sunshine state”, what’s better than riding through the streets with the sunshine glistening off your helmet, at least that’s what most motorcycle riders will tell you. One of the biggest issues with motorcycles however is the likelihood of an accident or injury – especially in a state like Florida, which according to the best personal injury lawyer Sarasota has in practice, Mr. Charles Spinner, has exponentially more vehicles on the road than past years – as traffic numbers increase vastly year over year. One of the most important things to understand about motorcycle accidents is that they are likely, even in the best of situations in which the rider may be observing each and every rule of the road – the simple act of riding at high speeds, on two in-line tires is just dangerous enough on its own, until you add other factors which will further complicate things such as riding under the influence, or another common issues in the state of Florida, manufacturer related mistakes and safety recalls for a number of different motorcycles.
While this might be a rarity when it comes to cars, motorcycles are far more likely to have safety recalls occur. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration (NHTSA) or the manufacturers themselves, in response to a discovered defect in a vehicle/motorcycle or a component of a vehicle. Accordingly, it’s important to understand the procedure involved in vehicle recalls as well as the respective responsibilities of those involved. And all too often, is news of a safety recall not distributed properly, in an effort to save on costs by the manufacturers, and this can often lead to accidents and injuries that did not need to occur, had the recall been done properly. According to Mr. Spinner, the best personal injury lawyer Sarasota has to offer, manufacturers of such motorcycles have a duty to recall the bike – whether it was initiated by them or the NHTSA. The manufacturer is then obligated to file a public report that describes the following.
· The safety-related defect or noncompliance with a federal motor vehicle safety standard.
· The involved vehicle/equipment population – how many does this affect.
· The major events that resulted in the recall determination – how was it discovered.
· A description of the remedy – how can it be fixed, if it can be.
· A schedule for the recall – when they should be able to have their motorcycle recalled.
The fact is that motorcycle manufacturers have a duty to attempt to notify each and every owner of the bike or that bike’s equipment/part. This can be quite difficult in some cases, as once the public report is made, many manufacturers will leave it alone – leaving a chance that thousands who might not have heard of a recall, are still travelling around with an unsafe motorcycle. According to Mr. Spinner, the best personal injury lawyer Sarasota has practicing, the manufacturer is supposed to combine their records with every single purchase record a dealership might have, and cross check that with motorcycle registration records on file with each state’s DMV – in an effort to continually try and contact owners. All too often, they do not go to such lengths and it can lead to accidents, injuries, and in some cases death. For such instances, you or your family have the right to seek a lawsuit based upon the understanding that there were known safety issues with the motorcycle and the owner was not contacted based upon the duty of the manufacturer at the time. In situations like this, its vital to reach out to an attorney, and seek the justice that you deserve. For more information on safety recalls, and other issues within the state of Florida, be sure to contact Spinner Law Firm today.