On October 14, 2009 the National Highway Traffic and Safety Administration (“NHTSA”) recalled Thomas Built School Buses manufactured between March 2008 and February 2009 because the lights on the Stop Arms may stop functioning.
This is particularly urgent because if the LED lights stop functioning, the visibility of the stopped bus is decreased thereby endangering a child or other pedestrian.
Also being recalled are two BMW model motorcycles and three models of Ducati motorcycles. The BMW cycles being recalled were 2009 models and the Ducati cycles were 2009 and 2010 models. Both recalls related to stalling which according to NHTSA could increase the risk of a crash.
Whenever it is suspected that an accident may be related to a vehicle defect or mechanical failure it is necessary to investigate recalls related to the suspect vehicle. As an example, you may be able to hold the bus manufacturer liable if a child was struck by a car after disembarking the bus when the car’s driver stated he did not see the swing-out stop sign coupled with the product defect detailed above.
Another example would be if an owner of one of the recalled motorcycles was struck from behind by an automobile because his motorcycle stalled in traffic. The driver of the vehicle that struck the motorcyclist would probably be responsible but the manufacturer may also be responsible because of the defect that caused the cycle to stall.