Crashed Bike. Legal Question.

[steelhead]

Any Lawyers (or experts) out there?

A member in my club recently crashed his Hayabusa and I noticed he is using a tire that was recently recalled by the manufacturer. The tires were purchased from an authorized dealer new and professionally mounted. The tires seem to have adequate tread left on them. I'm not stating the manufacturer's name because I don't want to turn this into a hate or fear session.

Other factors could be involved in his crash, as I haven't spoken to him yet. I'm saying this to be fair instead of being one of those people who automatically assumes the worst in people and corporations.

Having said that, is there any specific legal precedents (and laws) that he could use as a legal remedy should it be the case that the tires were a principle factor related to his crash? What should he be looking for? This might save time in his accident investigation. Who bears the burden of proof?

According to other members, he was cornering at speed when he crashed.

Again, let's be fair and discuss this rationally.

Ride safe my friends.

 

[MC MUSTANG]

A couple of quick questions come to mind:
1. What was the recall?
2. How does the accident report read?
C. What is the condition of the tire following the corner and were there tire marks left at the scene?

 

[PaNDeM1C]

.... as MC said, give us details of the crash.

Hell, if he lowslided because a squirrel ran out in front of him on the road and he mashed his rear brake too hard then the tire might not be at fault. So... please give more details about the crash and WHY/IF the tire could perhaps be a factor in the crash.

Thanks.

 

[steelhead]

The recall was related to a manufacturing defect of the tire itself; and there are no reported accidents as of yet (as cited by the manufacturer) attributed to this voluntary recall.

The tire looks ok. Not blown or anything that I can see (I am not a tire expert).

Not sure what the accident report reads. Will ask.

 

[steelhead]

I will get details on the crash. In the meantime, if you know what laws or precedents to look at...let me know.

 

[PaNDeM1C]

I hope you're not asking that "if my friend was riding on a recalled tire and crashed and it was his fault...... can he blame the tire because it was recalled!".

I'm not sure how that might play out.... say I was riding along on a recalled tire I didn't know as messed up, and then I slammed into the back of a Porsche 911 because (i was stupid) or didn't stop fast enough. Could I blame that 'recalled tire'? I don't know. Even though, obviously, I really could only blame myself!

As far as motorcycles go, I think we could only blame a tire if it failed to do the job is was intended to do. We can't really fault any tire if we lowslide in the rain or crash because we took a turn too fast... but that's just my opinion....

 

[steelhead]

(PaNDeM1C @ Jun. 19 2007,02:59) I hope you're not asking that "if my friend was riding on a recalled tire and crashed and it was his fault...... can he blame the tire because it was recalled!".

I'm not sure how that might play out.... say I was riding along on a recalled tire I didn't know as messed up, and then I slammed into the back of a Porsche 911 because (i was stupid) or didn't stop fast enough. Could I blame that 'recalled tire'? I don't know. Even though, obviously, I really could only blame myself!

As far as motorcycles go, I think we could only blame a tire if it failed to do the job is was intended to do. We can't really fault any tire if we lowslide in the rain or crash because we took a turn too fast... but that's just my opinion....

Thanks for making this point right off the bat. As I stated in the first post, other factors could have been involved. But, if the tires were a principle factor, then read the next paragraph.

My reasoning is to understand what laws or precedents apply IF the tires were a principle factor in the crash. The manufacturer has not stated how this "tire defect" affects the driving quality. So this is why I'm posting.

By knowing what the law is, and what needs to be examined on the tire itself, that could save time.

Your feedback was appreciated.

 

[PaNDeM1C]

... I guess we need more details about his crash.

That's the only way to really know who/what was at fault.

 

[SpeedAdict]

I don't know if this helps any but before I wasted to much time and energy into this you could simply pull the serial number off the tire and call the Manufacturer and ask if it is one on the recall list. Just because it is the same make and model doesn't mean that it is recalled. It is only a certain run from from serial 1234### 6/1/2007 to serial 4321#### 6/7/2007 that will be recalled and replaced. But if it is on the list, I am sure the manufacturer is going to ask why you didn't replace it earlier, if you went as far to say it was there fault. I have to imagine this issue would be like getting blood from a stone especialy if you are trying to do this from another country to another country. I would probably be easier and quicker to just take the insurance and fix/replace the bike. Just my 2 cents good luck

 

[BusaWhipped]

If he knew they were recalled and was riding on them anyway, probably not much chance of getting anything.

Release date: June 15, 2007 GREENVILLE, S.C. --

Downloads
 text

SafetyRecall61507.doc
Michelin has notified the National Highway Traffic Safety Administration (NHTSA) and Transport Canada that it is recalling Michelin® Pilot® Power 2CT and Pilot® Power 120/70 ZR 17 (58W) front motorcycle tires with the "Made in France" markings in the United States and Canada. This recall involves these specific tires only and has no impact on any other Michelin tires. Related actions are under way in other countries.

An examination of these tires showed a possible defect in the tread due to a manufacturing irregularity. No cases of pressure loss have been reported and no accidents have occurred.

Because rider safety is the primary concern, Michelin has decided as a precaution to replace the 120/70 ZR 17 (58W) Michelin Pilot Power 2CT and Michelin Pilot Power front tires, which can be identified by the following markings on the sidewall:

a "Made in France" label
DOT 6UCW 980T or DOT 6UCW 979T
Any consumer in the United States or Canada who believes they are affected by the recall should not wait to receive notification but should call Michelin Consumer Relations at 1 866 324 2835.

The company will be replacing all potentially affected tires in a comprehensive commitment to retrieve from the market any tire that does not meet Michelin quality standards. Replacement tires are available at no cost (including mounting and balancing) to consumers through participating Michelin® motorcycle tire servicing retailers.

 

[steelhead]

I'll ask what the exact circumstances were surrounding his accident. I am disinclined to say who the manufacturer is at this time to keep this more of a legal question than brand issue.

 

[TallTom]

As already posted, he would have to show a trend in crashes in approximately the same fashion as his, to try and substantiate a tire being at fault for his crash. Not a very likely scenario from what we know of the recall at this stage. Maybe if they start crashing regularly now he may be able to join that data to his, and with a good attorney probably get at the least a "nusiance settlement" of which the attorney will get most of themselves.

I am not an attorney, but I have self litigated a number of times now. My educated un-attorney position is, your friend will likely be made to look like he had an accident due to his personal choices on that motorcycle or by circumstances that could have been avoided had he not made the choices he did. If his tire failed, it would have probably been easily identified. And the insurance industry is VERY WELL educated on how to find fault in a defective product. So if he isn't getting help from his insurance co. then I'm betting he will be at best be lucky to get a grand or so as a nuisance payout with an attorney.

Now if he goes to an attorney, they could tell him they will find something to litigate over this. I doubt they will do so without a retainer from the start however.

 

[8Daytona8]

Not your normal Firestone 500 blow out failure is it! The Mich mac 100's pissed alot of folk off from the feathered wear causing tank slappers and just crappy ride, handling, they don't want that again! How you can prove a tire is @ fault after many miles in your care and still in aired condition would have to have a bunch of folk for a class action that maybe J. Cockrin will have to be raised to win!

 

[DaCol.]

Simply put, the Burden of Proof is on your friend to Prove the tire was the primary cause of the accident. And with a tire in the condition you described, that would be really hard. Especially since you admit that the tire has good tread on it (and if it didn't, that would not be the manufactures fault) , looks good and had no visible defect. You first must establish what the cause of the accident was. And high speed cornering, on a motorcycle is a problem in it self to prove you didn't do anything wrong  

 

[Willie G]

(DaCol. @ Jun. 19 2007,10:48) Simply put, the Burden of Proof is on your friend to Prove the tire was the primary cause of the accident. And with a tire in the condition you described, that would be really hard. Especially since you admit that the tire has good tread on it (and if it didn't, that would not be the manufactures fault) , looks good and had no visible defect. You first must establish what the cause of the accident was. And high speed cornering, on a motorcycle is a problem in it self to prove you didn't do anything wrong  

+100

Make darn sure your friend talks to a lawyer who does a LOT of product liability lawsuits. Experience is the best teacher (ever wonder why they call it "Trial & Error"?) and he'll want to talk to someone who knows what they're doing. Also, a successful attorney will be more likely to enter into a fair contract - like 40% contingency fee with expenses paid from the settlement (which means the lawyer fronts the money and is betting he'll win - usually a pretty good sign!).

Good luck.