"Our experience in defective tire cases is that tire manufacturers like to claim the operators were at fault for overloading their bikes."
Austin, TX (PRWEB) March 30, 2010
A Brownwood, Texas couple has filed a personal injury lawsuit against Goodyear Dunlop after a motorcycle accident over a suspected defective D250 Radial motorcycle tire they say lead them to crash and sustain severe injuries.
Martin Stricker was driving his 2003 Honda GL 1800A Gold Wing with this wife, Loretta, on the back, along US 67 south of Abilene, Texas on Aug. 8, 2008, when a rear tire "suddenly and without warning" deflated, according to the personal injury lawsuit. The motorcycle went sideways, flipped and ejected both passengers during the severe motorcycle accident.
Also named as defendants were Honda Motor Co. and Woods Fun Center, of Austin, which sold the motorcycle and tires to the couple. According to the personal injury lawsuit, Woods replaced the used tires on the motorcycle with what they claimed were new tires, although the rear tire was six years old. The suit said a defective bead in this tire was to blame for the sudden deflation.
"If plaintiffs claim the Stricker's combined weight overloaded the bike and was a factor in the tire failure, we are prepared to show that defendants failed to adequately warn the plaintiffs of the effects of their weight on the motorcycle and the tire," said Billy Edwards, attorney.
"Our experience in defective tire cases is that tire manufacturers like to claim the operators were at fault for overloading their bikes. But our experience also shows that motorcycle manufacturers like to bury this information in owner's manuals and that dealers consistently fail to discuss maximum weight limits with buyers, even if it is obvious that the buyers, by their weight alone, may overload the bike," Edwards said.
The website, sponsored by the Edwards Firm, now offers a free "Safe Weight Calculator" which allows riders to help determine safe weight limits for their 2000-2010 Harley, Honda or BMW touring bikes, along with selected other models.
Edwards has also called on Harley Davidson and Good Year Dunlop to investigate reports of "sudden and catastrophic" deflations of D402 tires on large touring motorcycles. The website http://www.unsafemotorcycles.com, lists at least 16 reports of sudden tire deflations involving touring bikes.
The Stricker personal injury lawsuit following the motorcycle accident was filed in October 2009, in U.S. District Court in Travis County, TX, cause number D-1-GN-09-003303.