Recalls
One of the most common vehicle defect issues faced by the public is that of safety recalls of motor vehicles, including motorcycles. Safety recalls are usually instigated by either the National Highway Traffic Safety Administration or the vehicle manufacturers themselves, in response to a discovered defect in a vehicle or a component of a vehicle. Thus, it is important to understand the procedure that is followed in vehicle recalls, and the respective responsibilities of those involved.
If you were injured in a motorcycle accident and your motorcycle was recalled, you should seek the advice of an experienced personal injury attorney to determine the impact of the recall on your case.
Manufacturers' Duties and the NHTSA
Whether a safety recall is conducted by the vehicle manufacturer, or is ordered by the NHTSA, the manufacturer must file a public report describing:
- The safety-related defect or noncompliance with a Federal motor vehicle safety standard;
- The involved vehicle/equipment population;
- The major events that resulted in the recall determination;
- A description of the remedy; and
- A schedule for the recall.
Motor vehicle manufacturers have a duty to attempt to notify owners of recalled vehicles or vehicle equipment. For vehicle recalls, this means that manufacturers merge their own records of vehicle purchasers with current state vehicle registration information. For equipment recalls, in situations where state registration records do not exist, manufacturers are obligated to notify their distribution chain and known purchasers of the recalled equipment. Importantly, even if you do not receive a notification of a recall, if your motorcycle, or other item of equipment, is the subject of a safety recall, the manufacturer is obligated to provide a free remedy.
Under federal law, safety problems must be remedied without cost to consumers. The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) monitors each safety recall to ensure the manufacturers provide owners safe, free, and effective remedies according to the National Traffic and Motor Vehicle Safety Act of 1966, and federal regulations. The NHTSA also releases monthly lists of motor vehicle safety recalls. These lists identify the make and model of the vehicle or equipment involved, with a brief description of the safety problem. The NHTSA publicizes the recalls to alert consumers about safety problems and encourages them to take action. However, the agency urges owners to wait until they receive notification from the manufacturer before contacting their dealers to schedule any necessary repair work. This is because not all vehicles of a particular make and model may be subject to the recall.
Obtaining Recall Information
Consumers can get up-to-the-minute information on safety recall campaigns, or information on the recall history of a particular make and model of car, truck, motorcycle, or child safety seat, by calling the NHTSA's toll-free Auto Safety Hotline, 1-888-327-4236, or by accessing NHTSA on the Internet at http://www.nhtsa.dot.gov. The Hotline also can be used to report safety problems.
Conclusion
If you were injured in a motorcycle accident and your motorcycle was recalled, you should seek the advice of an experienced personal injury attorney to determine the impact of the recall on your case.
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