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Old Motorcycles, Recalled Parts, and Accidents: How a Motorcycle Accident Attorney Can Help

26 May 2015 by Kenneth Pierce

Buying a used motorcycle is not an unusual event. However, an accident that occurs due to recalled parts on the used motorcycle you just bought is not an everyday occurrence. After the accident, you may not even be aware of recalled parts or that your recent purchase still has recalled parts in it. During your insurance company's investigation of the accident, this information may come to light, creating additional insurance claims headaches for you. Here is how a motorcycle accident attorney can help.

Legal Investigative Approaches

Your motorcycle accident attorney will investigate every aspect of your accident, starting with any recall notices the motorcycle manufacturer should have sent the bike's previous owner. Your lawyer will search to find who is the most responsible for your accident, which could include or exclude the manufacturer, the previous owner and/or the persons who hit you or were involved in your accident. Because most states look to who is at fault for automobile and motorcycle accidents in order to determine who needs to pay what to whom, your lawyer will do everything he or she can to make sure you are not primarily responsible.

Shared Responsibility

It is very rare that an accident is ruled as completely one person's fault. Shared responsibility is more than just you and the other driver or drivers in the accident. In cases where there were recalled bike parts, the previous owner should have replaced these parts before selling the motorcycle to you or anyone else. Since most recalls provide free repair and replacement services, there is no excuse for the previous owner to have avoided replacing the parts. It is considered negligence and reckless endangerment on his or her part. When your lawyer can prove this, you have the right to sue the previous owner for your injuries and the return of the money you gave him or her to purchase the motorcycle.

Interestingly enough, other drivers and passengers in your accident can also pursue a lawsuit with the previous owner of your motorcycle for failing to repair and replace recalled parts. This can actually take the responsibility and financial stress off of your shoulders because it proves that you were not in control of the bike due to faulty parts. Exceptions to the rule include any drivers, including you, who were driving under the influence of alcohol or drugs.

When Your Lawyer Uncovers the Manufacturer's Share of the Responsibility

If recent automotive failures and recalls have taught the public something, it is that manufacturers do not always reveal faults and faulty parts. When manufacturers fail to alert motorcycle owners to bad parts and recalls, then the shared responsibility of your accident shifts away from the previous owner (because he or she did not know or was not notified of the faulty parts). Then your lawyer can go after the manufacturer instead to get the compensation to which you are entitled.

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