Houston drivers may know that Texas Lemon Laws cover motorcycles under its consumer protections. But were you also aware that those protections only extend to the purchase of new or leased motor vehicles, and not the purchase of used motorcycles?
The Lemon Law aims to protect consumers by holding manufacturers accountable for any manufacturing or performance defects.
Regarding the Lemon Law, the Texas DMV site says, “If you have purchased or leased a new motor vehicle and it develops a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, you may be eligible for relief under the Texas Lemon Law.”
The law’s protections do require consumers follow specific steps in allowing the manufacturer to repair the defect. This process is called “curing.”
Asking the manufacturer to take responsibility for fixing the defects allows for two things to happen in the marketplace: the buyer has confidence in the motor vehicle’s maker and the manufacturer maintains its reputation for quality and responsive service.
The greater health and safety of the public is also preserved because consumers are not asked to foot the repair bills independent of the maker.
One issue facing someone injured by a defective motorcycle is that the Lemon Law process is not immediate. The process can take several months, years, or as little as 30 days.
The different tests for protection assume, however, that the defect does not immediately injure the buyer. For example, under the “The Serious Safety Hazard Test” a serious safety hazard is defined as “a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle normally, or that creates a substantial risk of fire or explosion.” But the process for addressing those life-threatening malfunctions assumes repairs over a two-year or more period.
If you have been injured in motorcycle crash, time is not necessarily on your side as medical treatments, hospital bills, time lost from work, and ongoing pain and suffering impair your day-to-day life. Waiting for Lemon Laws to recover lost property may be one solution for compensation following an accident. But motorcycle riders should also be aware that consumer protections do not operate in a vacuum apart from other state protections. Speaking to an experienced and knowledgeable motorcycle crash attorney can help sort through the legal issues and remedies available to you.
Photo Credit: Nina Matthews Photography via Compfight cc
Leave a Reply