There is good news and there is bad news.
The good news is that according to the Florida Department of Highway Safety and Motor Vehicles, the number of motorcyclists killed on state highways in 2009 was down by a whopping 25%. The bad news is that more than 8-thousand people were killed or injured in motorcycle crashes that year. Defective motorcycle equipment caused some of those accidents.
Federal Government Requirements
The federal government requires manufacturers to make sure customers have safe products. That’s why manufacturers recall products when they discover a problem. Even major manufacturers like Yamaha, Honda, and Harley-Davidson order recalls, but sometimes those notices don’t make it to all riders. And if someone is killed or seriously injured because of lapses in design or communication, it is important to understand how to go about getting justice.
Any number of things can go wrong, including brake failure, defective tires, broken pedals or accelerators, and compromised seals. Some of these defects can, at the moment, seem like minor annoyances but those little issues may be deadly when they become distractions while on the road. Because the design of a motorcycle puts its driver in closer contact with the motor than is the case with a car or truck, even a problem with an overheating part can be dangerous if your leg happens to brush up against it. If this happens, you have the right to take immediate action by contacting an expert in Florida product liability law.
These are complicated cases requiring skilled investigation. In the case of large manufacturers, you will be up against an entire team of attorneys whose only job is to defend the company against product liability suits. It is critical to find someone who understands these kinds of lawsuits if you want to successfully hold a company responsible for a design or manufacturing flaw. In the case of product liability, it is your attorney’s job to focus on proving that the manufacturer failed in his or her duty to ensure your safety.
Filing a Class Action Lawsuit in Florida
With motorcycle recalls, it is possible you will have the opportunity to join a class action suit which means teaming up with other consumers who have experienced similar problems. However, if you are injured because of a defect in the product and a recall has yet to be announced, there is no reason to wait for a class action suit to seek justice.
If a company is found to be negligent, you may be able to win a claim for any damages caused by equipment or design malfunction. This could include reimbursement for all expenses caused by the problem including medical fees, damaged property, lost wages, and even pain and suffering. If, in the course of investigating the issue, your Jacksonville motorcycle defect attorney can prove the manufacturer intentionally neglected to inform customers of a problem, a jury will likely award punitive damages in an effort to send a message to the industry that a purposeful lapse will not go un-noticed.
It’s all very complicated and when you are just trying to recover from an injury the process is overwhelming. That is why you should contact us to consult with a Jacksonville defective motorcycle attorney who can see that your rights are protected while you heal. Call Farah & Farah today at 855-797-9899.