Motorcycle Defects and Recalls in Eugene

Defects and Recalls

Injury claims arising out of motorcycle accidents can be complicated. Mechanical malfunctions of the bike may contribute to a crash and must be addressed.

The motorbike injury attorneys at Parke Gordon Law are skilled at discovering motorcycle defects and recalls in Eugene. Information tying an accident to a defective component or a recall can have a big impact on the outcome of a compensation claim. We want to help you get the compensation you deserve.

Defective Parts Can Cause Motorcycle Crashes

In many motorcycle accidents, either the biker, the driver of another vehicle, or both, are responsible for the accident. However, sometimes a problem with the bike itself contributes to or causes the crash.

In that case, the manufacturer of the bike and other parties in the distribution chain might be liable for your injuries. You can seek compensation from these parties if you can prove one of the following:

• The design of the bike or component is inherently dangerous
• A manufacturing error created an unreasonably dangerous product
• The safety instructions or warning labels were inadequate to ensure safe operation

Our Eugene attorneys can work with mechanical engineers and others to determine whether a product defect contributed to a motorcycle crash.

The Impact of a Recall

The parties that produce and sell motorcycles have a responsibility to ensure the product is safe for its intended use. The manufacturer must recall a product when it becomes aware that it is unsafe, and the notice must explain the problem and provide a solution, such as a free repair or replacement part.

A recall notice issued even after an accident can be evidence that the bike was defective. We will investigate to determine whether a recall was issued for any component of the bike.

Did You Ignore a Recall Notice?

A recall notice can provide evidence that supports a manufacturer’s liability for a motorcycle accident. However, it can also provide evidence that you were at least partially responsible for the crash.

If you received a recall notice and did not take the recommended action, the manufacturer will argue that your negligence caused the accident. They might assert that the accident would not have occurred if you had dealt with the recall in a timely manner.

Oregon Revised Statutes § 31.600 prevents you from claiming damages if you were more than 50 percent responsible for the accident. If a recalled part caused the crash, you had notice of it, and you did not get the recommended service on your bike, you may have difficulty holding the manufacturer liable. Our Eugene attorneys could look for evidence that the accident was caused primarily by someone or something other than the defective part, and could pursue a claim if such evidence exists.