California Lemon Law Blog

Motorcycles offer riders a sense of freedom that is found in few other vehicles; however, the small, fast, and open nature of motorcycles that provides this feeling also makes these vehicles more likely to crash when affected by a defect. Riding a motorcycle properly involves a delicate balance between experiencing top-rate performance by the vehicle and safety.

Similar to other vehicles, a motorcycle may have a problem that affects its use, value, or safety. Many times, these defects are not noticed until they have resulted in an accident or a near-miss. Some forms of motorcycle defects include:

• Improperly functioning brakes and acceleration;
• Tire malfunctions;
• Engine malfunctions;
• Steering failure; and
• Electrical system failure.

Any of these can cause a motorcyclist to lose control of the bike, leading to a collision with another vehicle, impact a surrounding hazard, or laying down the motorcycle at high speeds. Under California motorcycle lemon law, if a motorcycle’s defect cannot be fixed by the manufacturer or dealer after a reasonable number of attempts while under warranty, a consumer has the right to a replacement motorcycle or a refund of their money.

If you or a loved one owns a motorcycle that is a lemon, Howard D. Silver, the Los Angeles motorcycle lemon law attorney, can help. For more information call our offices today at (866) 49-LEMON.

Ducati North America has announced a recall of 964 Diavel motorcycles from model year 2011 due to an equipment problem. The bikes were manufactured between September of 2010 and May of 2011.

The problem exists with the brass inserts that are installed in the chain guard. The inserts may become deformed over time, which may result in the potential loosening of the license plate holder retaining screws on the rear swing-arm. As a result, the license plate holder may become loose during normal operation of the motorcycle. Should this occur, it may interfere with the vehicle’s rear wheel rotation, therefore increasing the risk of an accident.

Owners of the recalled motorcycles will be instructed to take the bike to a Ducati dealer, where the chain guard will be replaced with an updated version that is made with steel inserts. The repair will be done at no cost to consumers. It is expected the recall will start sometime during July.

Consumers with questions can contact Ducati at 1-800-231-6696 and reference Ducati safety recall number RCL-11-002. They may also call the National Highway Traffic Safety Administration’s (NHTSA) Vehicle Safety Hotline at 1-888-327-4236 or visit http://www.safercar.gov.

Many consumers are not aware that they are offered protection under California's lemon law if they purchase a new motorcycle with a defect that impairs its use, value, or safety. They may be eligible for a replacement bike or a refund of their money. If you believe your new motorcycle is a lemon, contact Howard D. Silver,California motorcycle lemon law attorney. Mr. Silver can analyze the specifics of your situation in order to determine whether you have a valid claim. Call 1-866-49-LEMON to find out how Mr. Silver can help you today.

It can be a frustrating and intimidating experience as a consumer when you buy a new or used motorcycle in California only to find out that the motorcycle has considerable flaws. Owners of defective or under-performing motorcycles may be protected by the Song-Beverly Consumer Warranty Act if the following points are established:

• The motorcycle was purchased or leased in California.


• The sale of the motorcycle included a warranty covering the defect you are complaining about.


• You have evidence that you took the motorcycle to the manufacturer’s repair facility to be repaired, but the problems persisted and could not be fixed after a “reasonable” number of attempts.

As a consumer, we expect the vehicles we purchase, including motorcycles, to fulfill their advertised purpose and function. While no one expects that they will invest thousands of dollars in a motorcycle only to discover later that the motorcycle is a “lemon”, there are solutions available to resolve your problem.

Understanding your rights and duties under the Song-Beverly Consumer Warranty Act can be a challenge. If you have any questions regarding whether your specific situation may entitle you to a new motorcycle or your money back, please contact skilled California motorcycle lemon law attorney Howard D. Silver. Call 1-866-49-LEMON today to set up a free consultation or visit http://www.california-motorcyclelemonlaw.com/ for more helpful information.

According to a 10News report dated February 17, 2009, a 21-year-old Marine named Bradley Waterman was killed on Route 66 after his motorcycle spun out of control. CHP and Military authorities have yet to determine the cause of the accident. The Indiana native apparently lost control of his bike and drove into an oncoming pickup truck. The driver of the truck responsibly stopped and attempted life saving measures, but resuscitation attempts failed at the scene.

Despite his relatively young age, Waterman had received numerous decorations from the Marine Corps and Navy, including medals for serving in the Iraq campaign. He was based out of Camp Pendleton.

The death of a vital young 21-year-old Marine would be tragic in any context. In fact, given that so many motorcycle crashes are preventable, the situation seems even more frustrating and saddening.

Finding the ultimate cause of a bike crash can be an involved business. Automotive forensic science has made strides in the past decade, there is still much we don’t know about why crashes occur when they do.

If you believe your injuries or a loved one’s injuries may have been caused by a lemon motorcycle, call Howard Silver, skilled California lemon law attorney for help at 866-49-LEMON.

According to a March 8, 2009 article in the Pasadena Star News, Sheriff’s Deputy, Isaac Zaldivar, was killed in Pico Rivera on Rosemead Boulevard, after his bike hit a Toyota Camry. The 21-year-old Deputy was wearing a helmet and was riding with his younger brother when he was hit by a 75-year-old woman. According to local traffic analysts, the stretch of Rosemead Boulevard where the accident occurred has long been notorious for motorcycle and auto crashes.

Zaldivar passed away at LA County USC Medical Center from numerous traumatic injuries. His younger brother was treated and released with only minor injuries. The day after the accident, dozens of mourners from the area and from Zaldivar’s Department, paid tribute to the fallen motorcyclist.

Unfortunately, Zaldivar’s tragedy is all too common on California’s roads. Innumerable factors go into every motorcycle accident. And it is too soon to determinate precisely what went wrong in this case. However, analysts at the Motorcycle Safety Foundation, The California Highway Patrol, and other independent groups, concur that poorly maintained or under-performing bikes contribute to a sizable percentage of bike accident fatalities.

In these types of accidents, aggrieved claimants may be able to hold certain parties liable for injuries and damages. For instance, a motorcycle dealer who sells a lemon motorcycle to a customer -- who then crashes as a direct result of a bike’s poor, lemon-like performance -- can potentially be held liable for medical bills, pain and suffering, wages lost and some legal expenses.

If you think that your injuries or a loved one’s injuries were caused by a lemon motorcycle, call experienced California lemon law attorney Howard Silver at 866-49-LEMON.

According to a December 2008 article in the Associated Press, the Motorcycle Safety Foundation (a.k.a the “MSF”) in conjunction with the Los Angles Police Department will be summarizing and statistically analyzing bike crash data in the southern California area. This comprehensive study has been designed to advance the science of motorcycle safety.

The last study of this kind was conducted - believe in or not - back in 1981. Much has changed in the nearly 30 years since the “Hurt Study.” Back then, the average biker was in his late 20s; today, the typical motorcyclist is 42 years old. There are also millions more active bikers on the road today than there were in 1981.

Individuals spearheading the motorcycle crash causation study - including Doug Hecox of the Federal Highway Administration and Tim Buchee, the President of the Motorcycle Safety Foundation - suggest that the study will help manufacturers, sellers, and traffic engineers figure out how to reduce bike fatalities on the road and make California’s highways safer for everyone.

It is crucial that the MSF works to keep motorcyclists safe. Even though a motorcycle can be tested in crash studies for defects or other problematic issues, those who purchase a motorcycle in California may encounter defective parts due to the negligence of manufacturers or the individual or company that sold the vehicle.

If you think your motorcycle is a lemon, contact the top California lemon law attorney, Howard Silver, at 866-49-LEMON.