Dr. John Lloyd recently testified in a motorcycle brake defect case that was the claimed cause of a helmeted motorcyclist sustaining a neurologically devastating traumatic brain injury (TBI). It was shown that the motorcycle rider lost control of the bike due to a brake system failure, resulting in a collision with a stationary vehicle. The subject motorcycle had a known brake system defect that was subject to a NHTSA recall. However, the used motorcycle dealer sold the bike without checking for recalls and without performing necessary maintenance, including replacement of the brake lines and flushing of the brake fluid, despite charging the buyer for a thorough inspection at the point of sale. The OEM brake lines allowed water to permeate the brake fluid, resulting in a significant lowering of the fluid’s boiling point, which produced a fluid fade condition that caused a sudden and unexpected loss of braking capability.

Within the scope of his involvement in this case, Dr. Lloyd, a board-certified accident reconstructionist (ACTAR) specializing in motorcycle accidents, used a professional drone to capture aerial images of the scene, from which a 3D point cloud of the crash site was generated. This 3D model was used to generate a video of the accident reconstruction, which served as a key demonstrative aid to inform the jury as to the cause of the collision. 

Additionally, Dr. Lloyd inspected the subject motorcycle and performed extensive brake testing using an exemplar motorcycle, all of which was documented using GoPro videos and instrumentation.

The used motorcycle dealership contributed to the causation of the plaintiff’s injuries for their failure to perform critical maintenance on the bike as well as failure to determine whether there were any recalls on the used motorcycle at the point of purchase.

The ultimate tragedy is that this collision and the resulting lifelong traumatic brain injuries sustained by the rider could have been easily avoided. Motorcycle dealerships should attend to safety-critical maintenance requirements, including brake system components, as well as evaluate any open recalls prior to the sale of any used bike.