The recall of a vehicle due to a product defect is not uncommon in the United States, including in Louisiana, and motorcycles are among the types of vehicles often recalled to prevent injury to consumers. Unfortunately, sometimes a motorcyclist suffers serious injuries in a vehicle accident caused by the defect before the defect can be remedied. In such a situation, the motorcyclist retains the right to file a liability claim against the bike manufacturer, seeking damages.
If there is an issue with a motorcycle, the motorcycle manufacturer is obligated to try to notify the owners of the motorcycles. This includes merging the vehicle purchase records of the manufacturer with the vehicle registration data that each state's bureau of motor vehicles has on file. Then, any product defects must be fixed at no cost to consumers.
If a vehicle recall is not instigated by a vehicle manufacturer, it may be issued by the National Highway Traffic Safety Administration, or NHTSA, instead. This administration is responsible for monitoring every safety recall. Its goal is to make sure that vehicle manufacturers provide owners with effective remedies according to federal regulations.
If a person who is riding a defective motorcycle in Louisiana suffers serious injuries because of a safety defect, he or she has the right to seek to hold the bike manufacturer accountable through the civil court system. Claims for damages will be adjudicated only if and when liability has been established in a manner that pleases the civil court. Damages may help to cover property damage, hospital bills and other losses stemming from the use of the dangerous motorcycle.
Source: FindLaw, "Motorcycle Defects and Recalls", Accessed on Dec. 7, 2016