While all drivers on the road should be able to focus primarily on their driving and surroundings rather than auto defects, it is that much more crucial for West Virginia motorcyclists who are already at an increased risk of injury if an accident occurs. No one’s safety should be in danger while driving due to a defect regardless of the type of vehicle being driven. Unfortunately, this type of problem does happen. In fact, a couple from another state is suing a major motorcycle manufacturer for product liability for a brake issue that supposedly left them both severely injured after an accident.
Reportedly, the couple was traveling on their 2012 Harley-Davidson motorcycle when a vehicle cut directly in front of them. This caused the man driving the motorcycle to engage the bike’s brakes. Unfortunately, the wheels locked up on the bike causing the motorcycle to fishtail. This ultimately caused both passengers to be thrown from the bike.
The man suffered broken bones and fractures to his skull. He also had a serious brain injury. His wife suffered an injury to the spleen, a fracture to the skull and an injury to the brain. She also had her elbow shattered in the accident.
The couple is suing Harley-Davidson for failing to offer adequate safety features for their motorcycle when they purchased the bike. The bike did not have anti-lock brakes, which the suit claims would be helpful in stopping the bike safely. The lawsuit cites failure to warn of defect, product liability as well as negligence.
When a motorcycle in West Virginia has a brake defect or other issue that affects one’s safety, the company should repair the issue immediately. When they will not and an injury or fatality occurs, one may be able to file a products liability lawsuit against the manufacturer and distributor to hold them responsible. This can help relieve one’s financial burdens that they have encountered following expensive medical bills and loss of time at work.
Source: The Southeast Texas Record, “Harley-Davidson sued after couple seriously injured in accident“, Annie Cosby, June 25, 2014