Motorcyclists must always be proactive, keeping an eye out for motor vehicles and trucks that may not see them. While most motorcycle accident cases center on negligence, some may result from a defect in the bike. If a defect leads to your motorcycle accident, you may be able to sue the manufacturer, seller, or product designer for damages. Our motorcycle accident injury lawyers discuss common defects and the parties that may be held liable in a product liability claim in Harrisburg, PA.
Standard Defective Parts in Motorcycles
As a motorcyclist, you bear the responsibility of maintaining your bike in optimal condition. Failure to recognize a part defect can be disastrous, putting you and others at risk. Below, we discuss common motorcycle part defects:
Tires
Quality tires are essential for traction and control in any vehicle. This is especially true for motorcycles, where faulty tires can lead to uneven wear and handling issues over time. A defective tire can lead to improper inflation, tread separation, and blowouts. Traveling at high speed can be fatal for a motorcyclist.
Brakes
Whether it be a component failure, wear and tear, or air in the brake line, brake failure can be especially hazardous for a motorcyclist. Brake issues can prevent a motorcyclist from slowing or stopping on time. You must remain alert for any signs of brake failure, including grinding or unusual noises, a spongy brake pedal, and a burning smell (often a sign of a sticking caliper).
Fuel Injection Systems
A motorcycle’s fuel injection system is composed of the fuel pump and fuel injectors, which deliver fuel to the engine. This system has replaced the carbureted fuel engine, improving fuel efficiency, enhancing performance, and reducing emissions. However, a defective fuel system can cause stalling, sputtering, and false starts, and may prevent the motorcycle from starting. To avoid fuel injection issues, the bike must undergo routine maintenance. However, if a defective fuel system is the source of the problem, you should diagnose and replace the faulty component immediately.
Strict Liability vs. Negligence Claims
Most motorcycle product liability claims in Pennsylvania are based on strict liability. In strict liability cases, the manufacturer, seller, or product designer may be held liable for injuries, even if they were not negligent. Although there is a two-year time limit for product liability claims following an injury, certain exceptions may allow you more time. Even so, the Commonwealth enforces a 12-year time limit, known as a statute of repose. After 12 years have passed, you will be unable to bring legal action.
The Commonwealth bases the strict liability principle on Tincher versus Omega Flex, Inc. For a plaintiff to recover in a strict liability claim, the individual must demonstrate that the product was defective, that it was used as intended, and that any injuries were a direct result of the defect. However, in situations where a mechanic performed a faulty repair, you would pursue a negligence claim. As with strict liability claims, a two-year time limit will apply.
Parties that May Be Found Liable for Motorcycle Part Defect
The following parties may be held financially responsible when a motorcycle part defect causes the motorcyclist injury:
- Manufacturer: If there is a flaw during the design or production of a specific part, the manufacturer may be held liable.
- Suppliers: The supplier provides parts and materials, so they could be held responsible for substandard materials.
- Retailers: Auto stores can be held liable for selling a defective product to a consumer.
- Distributors: Companies that sell parts to retailers may be held legally responsible if they knowingly sell a faulty product.
Appropriate Actions for an Accident Involving a Defective Motorcycle Part
If you have fallen victim to a defective motorcycle part, you must document your injuries and any details related to the incident. You should also report the defect to the Consumer Product Safety Commission (CPSC) to help protect others from the same harm. The next, and perhaps the most critical step, is reaching out to a Harrisburg motorcycle accident attorney.
Motorcycle Accident Lawyers Protecting Your Rights
At Shollenberger Januzzi & Wolfe, our legal team will not rest until justice is served. We will advocate for your interests and negotiate tirelessly with the insurer until you are offered the settlement you deserve. Contact us online or call (717) 229-6580. We proudly offer free consultations.