Harley Davidson Brake Defect Investigation

Understanding & Tenacious Motorcycle Defect Attorneys Explore Sudden Brake Failure

While motorcycles offer an economical commuting option and an enjoyable form of recreation, bikes provide limited stability and no protection from injury during a collision.  The safest motorcycle design cannot eliminate the enhanced risk of serious injury faced by riding enthusiasts.  These risks increase exponentially when a bike is defectively designed, manufactured, assembled, or marketed by the vehicle manufacturer.  Vehicle defects are especially dangerous for riders, and faulty brakes might constitute the most dangerous form of product defect.

Our motorcycle defect attorneys currently are investigating potential brake problems in Harley-Davidson motorcycles that also are the subject of an investigation by the National Highway Traffic Safety Administration (NHTSA).  The NHTSA announced a preliminary investigation in early July 2016 into alleged defects of Harley Davidson motorcycles with anti-lock brake systems (ABS).  The investigation includes all Harley-Davidson motorcycle models with ABS systems manufactured between 2008 and 2011.

Crashes and Near Misses Reported Involving Sudden Brake Failure

The NHTSA launched the investigation after receiving dozens of reports of sudden brake failure while riding Harley Davidson motorcycles with ABS.  There have been three motorcycle accidents, two injuries, and numerous near misses involving potentially serious crashes attributed to unexpected brake failure by riders of affected bikes.

• Arkansas Rider: In one incident, an Arkansas motorcyclist riding a 2011 Harley-Davidson FLHR attempted to apply the brakes while traveling 75 mph. The rider indicated the vehicle began to “shake and wobble.”
• Texas Rider: Another incident was reported by a Texas rider indicated the front lever froze without warning while he was traveling on the highway. He told the NHTSA that he would not be alive to file a complaint if the rear pedal brakes also had locked up.

This investigation by the NHTSA comes in the wake of a record-setting year for Harley-Davidson recalls.  A Wall Street Journal report indicated that 60,000 motorcycles sold by the manufacturer were recalled in 2014 related to brake failure.  While the 2014 recall was related to the brake engaging without any action by the rider, the current recall involves unanticipated brake failure.

Product Liability Law Related to Faulty Motorcycles

Although lawsuits against large corporations that market products that are household names to most everyone mean a large defense war chest, the area of product liability law levels the field somewhat for individual consumers.  Consumers injured by defective products that cause injury might have the right to pursue liability claims against any entity in the production-distribution chain.  This liability can be based on negligence or breach of warranty, but manufacturers, distributors, and sellers of defective products also can be strictly liable if the defect was present when the product left the control of the party.  The concept of strict liability and product liability law is complex, nuanced, and varies based on the jurisdiction,  However, the legal doctrine makes it easier to prove liability by relieving the motorcycle rider of the need to prove the precise negligent acts or omissions that led to the product being unreasonably unsafe.

Harley-Davidson Company Responds to Investigation

A spokesperson for the motorcycle manufacturer contends the problem might be linked to the failure of owners to perform proper servicing.  Harley-Davidson advises customers to have their brake fluid replaced every two years.  When the fluid ages beyond this point, moisture can contaminate it and cause deterioration of the ABS actuator valves.  After this happens, the valves do not cycle, so the brake calipers are not actuated when the brake lever or pedal is applied.  The NHTSA notes that consumers might be unaware of this requirement or simply fail to perform the maintenance, but the consequence of sudden brake failure is alarming.

Categories of Damages in Defective Motorcycle Lawsuits

The types of damages that our defective motorcycle accident lawyers might pursue on behalf of a client depend on the circumstances, surrounding facts, and applicable law.  Our skilled defective vehicle law firm pursues the fullest recovery for our clients.  Some of the damages victims of defective motorcycles might be eligible to receive include:

• Medical expenses
• Lost income
• Diminished earning ability
• Property damage (e.g. vehicle repair or replacement)
• Pain and suffering
• Disfigurement
• Loss of affection and services of a spouse
• Burial/Funeral costs (wrongful death cases)

Free Case Evaluation for Riders Injured in Accidents Caused by Harley-Davidson Brake Failure

At Stern Law, PLLC, we are currently investigating claims for compensation on behalf of crash victims who experience brake failure while riding a Harley-Davidson motorcycle.  If you experienced injury in such a crash, you might have a right to compensation from the manufacturer of the vehicle if the motorcycle as defective.  Call Stern Law, PLLC today at 1 (844) 808-7529, or complete an online contact form for assistance.