Visitor Question

Can I sue Harley Davidson for an accident caused by a stuck throttle?

Submitted By: Anonymous (Alabama)

I had an accident on my bike and was the only vehicle involved. I was making a left turn from a complete stop. It was early morning so there was no traffic. I proceeded to turn left from a stop and the throttle stuck, causing me to shoot across the street and hit a curb.

The bike became airborn and spun completely around, throwing me into a telephone pole and resulting in 3 broken ribs. No repairs had been made to the throttle. Do I have a valid lawsuit against the motorcycle’s manufacturer (Harley Davidson) for the malfunctioning throttle? Is there anything else I can do to get compensation for my medical bills? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

To have the basis of a viable personal injury claim against the Harley Davidson Cooperation will require technical proof Harley Davidson’s design or it’s manufacturer of the specific throttle on your bike was defective, and was the direct and proximate cause of your injuries.

The type of claim you are referring to is known as a “defective product” or “product liability” claim.

You can be assured Harley Davidson will never admit their throttle was defective. To do so would be an open invitation to any other bikers who may have been injured, or believe they were injured from the same defective throttle.

Additionally, and again, as a result of the relative minor injuries you sustained you will likely not be able to find an attorney to accept your case. Moreover, because Harley Davidson will never admit the throttle was detective, a plaintiff’s attorney would have to spend hundreds of thousands of dollars to fight Harley Davidson, over a period of a year or more.

Harley Davidson has had some problems lately with their engines, and alleged breach of their 24 month warranty to repair coolant leak problem on their 2014 FLHTKSE CVO Limited motorcycles. As a result of their alleged breach of warranty, a class action was filed.

While we were unable to locate any class actions against Harley Davidson over defective throttles, you can continue to check for class actions at various websites including, but not limited to:

Topclassactions.com

Classaction.org

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 17, 2016

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