A motorcycle malfunction at highway speed can turn an ordinary ride into a life-threatening situation in a matter of seconds.
When your brakes fail, your throttle sticks, or your fuel system catches fire, the injuries are often severe because riders don’t have the protection of an enclosed vehicle.
If a defect in your motorcycle caused your crash, Arkansas law gives you the right to hold the manufacturer, distributor, or retailer responsible for your injuries and losses.
Your Legal Rights After a Defective Motorcycle Injury in Arkansas
Arkansas follows strict product liability rules, which means you don’t have to prove the manufacturer was careless or negligent to win your case.
You simply need to show that the motorcycle had a defect, that defect made it unreasonably dangerous, and that defect caused your injuries.
This legal standard puts injured riders on more equal footing with large motorcycle manufacturers and their teams of defense lawyers.
The strict liability approach recognizes that consumers shouldn’t have to prove exactly how a defect happened at the factory or during the design process.
Manufacturers have superior knowledge about their products and bear the responsibility to ensure those products are safe for their intended use.
Three Types of Motorcycle Defects Under Arkansas Law
Arkansas recognizes three categories of product defects that can form the basis of your injury claim.
Understanding which type applies to your situation helps determine who can be held liable and what evidence you’ll need to prove your case.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during the production or assembly of your specific motorcycle.
The design itself might be perfectly safe, but a mistake during manufacturing created a dangerous condition in your particular bike.
Examples include improperly welded frame components, incorrectly installed brake systems, contaminated fuel lines, or substandard materials used in critical safety parts.
These defects often affect only a small number of motorcycles from a production run, which distinguishes them from design defects that affect every unit of a particular model.
Evidence in manufacturing defect cases typically involves comparing your motorcycle to the manufacturer’s specifications and showing that your bike deviated from those standards in a way that caused your crash.
Design Defects
A design defect exists when the basic blueprint for the motorcycle creates an unreasonably dangerous condition that affects every unit of that model.
Unlike manufacturing defects, design defects are present in every motorcycle of the same type because the flaw is built into the product’s fundamental design.
Arkansas courts use a risk-utility test to evaluate design defect claims, weighing the danger posed by the design against its usefulness and whether a safer alternative design was feasible.
Common motorcycle design defects include fuel tanks positioned where they’re likely to rupture in a collision, handlebars that lock up during sharp turns, suspension systems prone to sudden failure, and electrical systems that short-circuit and cause fires.
If a safer design would have prevented your injuries without significantly increasing cost or reducing the motorcycle’s performance, the manufacturer may be liable for choosing a dangerous design.
Warning Defects
Sometimes a motorcycle isn’t physically defective but becomes dangerous because the manufacturer failed to warn riders about known risks.
Manufacturers have a duty to provide adequate warnings and instructions about how to safely operate and maintain their products.
Warning defects occur when a manufacturer knows about a danger but fails to communicate it to consumers, or when the warnings provided are unclear, incomplete, or hidden where riders won’t notice them.
For example, if a motorcycle requires a specific break-in procedure to prevent engine seizure and the manufacturer doesn’t include this information in the owner’s manual, any resulting injuries could support a warning defect claim.
This type of defect also covers situations where the manufacturer learns about a danger after sale but fails to issue recalls or safety bulletins.
Who Can Be Held Liable for Your Defective Motorcycle Injuries
Arkansas product liability law allows you to pursue claims against multiple parties in the distribution chain.
You’re not limited to suing just the company whose name is on your motorcycle.
The Manufacturer
The motorcycle manufacturer is typically the primary defendant in a defect case.
Large motorcycle manufacturers like Harley-Davidson, Honda, Yamaha, Kawasaki, Suzuki, and BMW have legal departments specifically tasked with defending product liability claims.
Don’t let that discourage you from pursuing your case, because these companies also carry substantial product liability insurance to pay legitimate claims.
If a foreign company manufactured your motorcycle, you may need to identify the U.S. subsidiary or importer responsible for bringing the product into the country.
Parts Manufacturers
Many motorcycle components come from third-party suppliers rather than the motorcycle manufacturer itself.
If a defective brake pad, tire, fuel pump, or other component caused your crash, the company that made that specific part can be held liable.
Identifying the parts manufacturer sometimes requires expert analysis to trace the defective component back through the supply chain.
Distributors and Retailers
The dealership that sold you the motorcycle may share liability if they sold a product they knew or should have known was defective.
Distributors who import motorcycles into the United States or transport them to dealerships can also be included in a product liability lawsuit.
Including multiple defendants in your claim increases the pool of insurance coverage available to pay your damages.
Mechanics and Service Shops
If improper repairs or maintenance contributed to your crash, the shop that performed the work might be liable under a negligence theory rather than strict product liability.
This situation commonly arises when a mechanic installs aftermarket parts incorrectly or fails to properly reassemble components after service.
What Happens If Aftermarket Parts Caused Your Crash
Many riders customize their motorcycles with aftermarket parts to improve performance, appearance, or comfort.
When one of these aftermarket components fails and causes a crash, the legal situation becomes more complex than a standard manufacturer defect case.
Understanding how aftermarket modifications affect your claim helps you pursue compensation from the right parties.
The Aftermarket Parts Manufacturer May Be Liable
If an aftermarket part was defective and caused your crash, the company that manufactured that part can be held liable under the same strict product liability rules that apply to original equipment.
Aftermarket exhaust systems, brake components, suspension upgrades, handlebars, fuel system parts, and electrical accessories must all meet safety standards.
When these products fail due to design flaws, manufacturing defects, or inadequate warnings, the aftermarket manufacturer bears responsibility for resulting injuries.
Some aftermarket parts companies are small operations without substantial insurance coverage, which can complicate your ability to recover full compensation.
Your Arkansas motorcycle accident attorney may need to investigate the company’s assets and insurance policies to determine whether pursuing a claim against them is worthwhile.
How Aftermarket Parts Affect Claims Against the Original Manufacturer
Installing aftermarket parts can complicate your claim against the original motorcycle manufacturer if a different component fails.
The manufacturer may argue that your modifications caused or contributed to the failure of their original parts.
For example, if you installed an aftermarket exhaust system and later experienced engine failure, the manufacturer might claim your modification caused the engine problem.
However, if the aftermarket part had nothing to do with the component that failed, the original manufacturer remains liable for defects in their own products.
A thorough engineering analysis can establish whether your modifications played any role in the crash or whether the original equipment failed independently.
Arkansas courts look at whether the modification was a substantial factor in causing the injury when evaluating these competing claims.
Proving the Aftermarket Part Was Defective
Building a case against an aftermarket parts manufacturer requires proving that their specific product had a defect that caused your crash.
You’ll need to preserve the failed part and have it examined by an engineering expert who can identify the defect.
Documentation showing when and where you purchased the part helps establish the chain of custody and proves you received the product from a particular manufacturer or retailer.
Installation records from a professional mechanic can demonstrate that the part was installed correctly, eliminating improper installation as a potential defense.
If you installed the part yourself, detailed photographs taken during installation and records of following manufacturer instructions support your claim.
Retailer Liability for Aftermarket Parts
The retailer who sold you the aftermarket part may share liability if the product was defective.
Online retailers, motorcycle dealerships, and specialty performance shops can all be included in your claim alongside the manufacturer.
This is particularly important when the aftermarket manufacturer is a foreign company or a small domestic operation with limited resources.
Larger retailers often carry product liability insurance that can provide additional sources of compensation for your injuries.
When the Installer Is At Fault
If a mechanic or shop installed your aftermarket part incorrectly and that improper installation caused your crash, the installer may be liable for negligence.
This differs from product liability because you’re not claiming the part itself was defective, but rather that the installation was performed improperly.
Common installation errors include using incorrect torque specifications, failing to properly route cables or lines, not following manufacturer guidelines, and mixing incompatible components.
The shop’s liability insurance should cover injuries caused by their faulty workmanship.
In some cases, both the part and the installation may have contributed to your crash, allowing you to pursue claims against multiple parties.
Common Motorcycle Defects That Cause Serious Crashes
Certain motorcycle components fail more often than others, and understanding these patterns can help you identify whether a defect caused your accident.
Brake System Failures
Brake defects rank among the most dangerous motorcycle malfunctions because they directly affect your ability to stop.
Defective brake lines can leak fluid or rupture under pressure, leaving you with no braking power when you need it most.
Anti-lock braking systems can malfunction and either lock up unexpectedly or fail to engage when they should, both of which can cause you to lose control.
Master cylinders, calipers, and brake pads can all fail due to manufacturing defects or poor design.
Fuel System Defects
Fuel-related defects are particularly terrifying because they can cause fires and explosions.
Defective fuel tanks may crack or rupture in minor impacts that shouldn’t cause fuel leaks, leading to fires that cause severe burn injuries.
Fuel line failures, faulty fuel pumps, and defective fuel injection systems can all cause engine fires while you’re riding.
These defects have led to numerous recalls over the years, and if your motorcycle was subject to a recall you weren’t notified about, that strengthens your claim.
Electrical System Failures
Modern motorcycles rely heavily on electronic systems, and electrical defects can cause sudden loss of power or fires.
Short circuits in the wiring harness can cause engines to stall without warning, leaving you stranded in traffic with no power to accelerate.
Defective ignition switches, voltage regulators, and charging systems can all fail in ways that strand riders in dangerous situations.
Electrical fires can also start while the motorcycle is parked, potentially causing property damage beyond the motorcycle itself.
Steering and Suspension Defects
Defects in steering components can cause sudden loss of control at any speed.
Steering stem bearings that fail, handlebars that detach, and front forks that collapse have all been subject to recalls over the years.
Suspension defects may cause the motorcycle to handle unpredictably, especially when cornering or riding over bumps.
These types of defects are especially dangerous because they often give no warning before failure.
Tire Defects
Motorcycle tires can fail due to manufacturing defects that cause blowouts, tread separation, or bead failures.
Unlike car tires, motorcycle tire failures almost always result in a crash because riders lose the ability to balance and control the bike.
Tire defects may stem from the tire manufacturer rather than the motorcycle manufacturer, making it important to preserve the failed tire as evidence.
Throttle Malfunctions
A stuck or sticking throttle can cause sudden unintended acceleration that leads to high-speed crashes.
Throttle cables can fray and bind, electronic throttle systems can malfunction, and throttle housings can crack and stick in the open position.
These defects have been responsible for numerous recalls and lawsuits against major motorcycle manufacturers.
Compensation Available in Arkansas Defective Motorcycle Cases
Arkansas law allows you to recover both economic and non-economic damages if you prove your injuries resulted from a defective motorcycle.
Economic Damages
Economic damages cover the financial losses you can document with bills, receipts, and pay stubs.
Medical expenses make up a large portion of most defective motorcycle claims, including emergency room treatment, surgeries, hospital stays, rehabilitation, and ongoing care.
Future medical costs are also recoverable when your injuries require long-term treatment or will need additional surgeries down the road.
Lost wages compensate you for the income you missed while recovering from your injuries, and lost earning capacity covers the reduction in your ability to earn money in the future if your injuries leave you with permanent limitations.
Property damage for your destroyed or damaged motorcycle and riding gear is also recoverable.
Non-Economic Damages
Non-economic damages compensate you for the physical pain, emotional suffering, and diminished quality of life caused by your injuries.
These damages don’t come with receipts, but they’re often the largest component of serious injury cases.
Arkansas does impose a $500,000 cap on non-economic damages in most personal injury cases, which may affect the total recovery in catastrophic injury claims.
Pain and suffering includes both the physical pain from your injuries and the mental anguish of dealing with a serious accident and its aftermath.
Loss of enjoyment of life compensates you for activities and hobbies you can no longer participate in due to your injuries.
Punitive Damages
In cases where the manufacturer’s conduct was particularly reckless or showed a conscious disregard for consumer safety, Arkansas law allows for punitive damages.
These damages go beyond compensating you for your losses and are designed to punish the wrongdoer and deter similar conduct in the future.
Punitive damages might be available if evidence shows the manufacturer knew about the defect and covered it up, ignored internal safety warnings, or prioritized profits over fixing a known dangerous condition.
Important Deadlines for Filing Your Claim
Arkansas law sets strict time limits for filing product liability lawsuits, and missing these deadlines can permanently bar your claim.
Three-Year Statute of Limitations
Under Arkansas Code § 16-56-105, you generally have three years from the date of your injury to file a product liability lawsuit.
This deadline begins running on the date of your motorcycle crash, not when you discovered the defect or when you finished medical treatment.
Three years might seem like plenty of time, but product liability cases require extensive investigation, expert analysis, and document gathering that can take months to complete.
Starting the claims process early gives your legal team time to build the strongest possible case while memories are fresh and evidence is available.
Statute of Repose
Arkansas also has a statute of repose that can bar claims against manufacturers after a certain number of years have passed since the product was first sold.
This deadline applies regardless of when your injury occurred, which means waiting too long to file could cost you your right to compensation even if you’re within the three-year statute of limitations.
The interplay between these two deadlines makes it important to consult with an attorney as soon as possible after a defective motorcycle crash.
Steps to Take After a Suspected Defect Caused Your Crash
The actions you take after your accident can significantly affect your ability to prove your case and recover fair compensation.
Preserve the Motorcycle
The most important piece of evidence in any product defect case is the defective product itself.
Do not allow anyone to repair, modify, or dispose of your motorcycle before it can be examined by experts.
Take photographs of the motorcycle from multiple angles, focusing on any components that appear damaged or failed.
If possible, store the motorcycle in a secure location where it won’t be moved or altered.
Document Everything
Photograph the accident scene, your injuries, and any damage to your riding gear.
Write down everything you remember about how the crash happened while the details are still fresh in your mind.
Note any unusual sounds, smells, or handling issues you noticed before the crash, even if they seemed minor at the time.
Keep all medical records, bills, and documentation related to your treatment.
Report the Defect
File a complaint with the National Highway Traffic Safety Administration at safercar.gov, which maintains a database of vehicle defects and recalls.
Check whether your motorcycle has been subject to any recalls by entering your Vehicle Identification Number on the NHTSA website.
Your report may help other riders avoid similar accidents and creates an official record that can support your claim.
Avoid Giving Recorded Statements
Insurance adjusters for the motorcycle manufacturer may contact you quickly after your crash asking for a recorded statement.
These statements are used to find reasons to deny or minimize your claim, not to help you.
Politely decline to give any recorded statements until you’ve consulted with an attorney who handles product liability cases.
How Arkansas Comparative Fault Rules Apply
Arkansas follows modified comparative fault rules under Arkansas Code § 16-64-122, which can affect your recovery even in defect cases.
The manufacturer may argue that your own negligence contributed to your injuries, such as riding at excessive speed, failing to maintain the motorcycle, or ignoring warning signs of a problem.
If you’re found to share some fault for your injuries, your compensation will be reduced by your percentage of responsibility.
However, if you’re found to be 50% or more at fault, you cannot recover any damages at all under Arkansas law.
A strong product liability claim requires anticipating these defenses and gathering evidence to show that the defect, not your actions, caused the crash.
This is where working with attorneys who know how to counter these arguments becomes critical to protecting your recovery.
Need Help With a Defective Motorcycle Injury Claim in Arkansas?
When a motorcycle defect leaves you with serious injuries, you need a law firm that treats you like family and fights for the results you deserve.
Shamieh Law has recovered over $250 million for injured clients by championing their interests against large corporations and insurance companies.
We understand the challenges you’re facing and we’re ready to get to work on your case immediately.
Contact our team today by calling 501-361-1334 to discuss your defective motorcycle injury claim.