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-   -   Harley Davidson ABS lawsuit - does this guy have a case? (http://www.advrider.com/forums/showthread.php?t=750187)

John Smallberries 12-19-2011 06:09 AM

Harley Davidson ABS lawsuit - does this guy have a case?
 
http://www.sacbee.com/2011/12/16/412...-accident.html

Anyone heard of this tragic incident in California? Do you think the plaintiff has a valid case against Harley Davidson?

I'm curious if anyone has one of these bikes. Does the "ABS" indicator actually light during key-on or start-up, even for bikes that are not equipped with ABS. The article seems to imply this, but is not perfectly clear. One of you probably knows...

genka 12-19-2011 06:32 AM

The ABS light on the dashboard, is it always off, or does it light up when the ignition is turned on? If the bike acts like it has ABS, it is reasonable for an owner to believe that it is there. You can't expect people to have deep technical knoledge of their vehicles. How many soccer moms know if their SUVs have full or part time AWD, traction control, seat belt preloaders, etc?
As for the lawsuit, regardless of the existence of ABS, the riders actions caused the accident.

rivercreep 12-19-2011 06:37 AM

Quote:

Originally Posted by genka (Post 17546975)
As for the lawsuit, regardless of the existence of ABS, the riders actions caused the accident.

Or it could be argued that his belief that he had something to rely on (ABS in this case) so he could just slam on the brakes, caused the accident.

Not for or against here....just playing Devils advocate.:wink:

bones_708 12-19-2011 06:43 AM

I believe the ABS light only lights up on bikes with ABS. Like a rear defroster indicator on a car without rear defrosters there may be a space on the dash but the indicator is incapable of lighting up.

Offcamber 12-19-2011 06:44 AM

Unless I missed it the article never says whether the wife was wearing a helmet or not....I'm guessing not due to the injuries she sustained. That aside, if the dealership told him he had ABS( and it can be proved that they did) then they might have a case. I wouldn't be surprised if the salesman did tell them it had ABS. Many times I have walked into car or bike dealer and know more about the product than the sales staff. Of course there is no guarantee that ABS would have prevented the accident...The rider should have the skills to control the bike without relying on ABS.

hancockbs 12-19-2011 08:05 AM

Makes no sense
 
ABS or not, how did locking up the rear brake send her flying 35 feet? Looks to me like ABS would have been more likely to cause such a result than a sliding rear tire.

IheartmyNx 12-19-2011 08:08 AM

That's gonna be one costly light/ indicator...

IheartmyNx 12-19-2011 08:11 AM

Quote:

Originally Posted by hancockbs (Post 17547550)
ABS or not, how did locking up the rear brake send her flying 35 feet? Looks to me like ABS would have been more likely to cause such a result than a sliding rear tire.


Don't tell me... Is this ANOTHER case of a mid-life crisis meets "I'll get a REAL bike for my first one, and I don't need no stinking education on how to ride it either!"


Maybe the we need mandatory ABS, driver/rider training, full face helmets and a cell phone ban?

dwoodward 12-19-2011 08:20 AM

I've typed and deleted six replies so far.

It's 8AM on Monday, and already I want to start drinking...

I bet DAKEZ's head is going to explode...

larryboy 12-19-2011 08:24 AM

Quote:

Originally Posted by Offcamber (Post 17547034)
Unless I missed it the article never says whether the wife was wearing a helmet or not....I'm guessing not due to the injuries she sustained.


This is California, you can't ride 100 feet without getting arrested for no helmet, but you can wear an illegal beanie helmet.

'05Train 12-19-2011 08:56 AM

The ABS light comes on if you have it. I'm just trying to figure out how the hell locking the rear wheel catapults your wife 35 feet off the bike.

Seems to me this was a pretty clear case of rider error. It sucks for the wife, but unless the bike's bill of sale says it had ABS, the dealer and the MoCo are blameless.

Wolfgang55 12-19-2011 09:03 AM

If you want to see real Californian helmet wearers in action just watch "Sons of Anarchy".

But to the question, YES, in CAL everyone has a case for not being responsible.

blackx70 12-19-2011 09:05 AM

Quote:

Originally Posted by Offcamber (Post 17547034)
Unless I missed it the article never says whether the wife was wearing a helmet or not....I'm guessing not due to the injuries she sustained. That aside, if the dealership told him he had ABS( and it can be proved that they did) then they might have a case. I wouldn't be surprised if the salesman did tell them it had ABS. Many times I have walked into car or bike dealer and know more about the product than the sales staff. Of course there is no guarantee that ABS would have prevented the accident...The rider should have the skills to control the bike without relying on ABS.

Does not matter what the salesman said. When you by a vehicle, there is a disclaimer that basicly says that anything the salesman said was BS.

Jim Moore 12-19-2011 09:08 AM

Quote:

Originally Posted by larryboy (Post 17547698)
This is California, you can't ride 100 feet without getting arrested for no helmet, but you can wear an illegal beanie helmet.

Sticky situation for the HD lawyers. It would be nice to say that her crappy helmet caused the extensive injuries. But I'll be the crappy helmet is proudly adorned with the HD logo.

Tripped1 12-19-2011 09:11 AM

I think its stupid.

But I would also bet money the guy gets paid to shut him the fuck up. I mean really, you DIDN'T KNOW weather or not your bike had ABS? I call that a personal issue, but there are about a million bullshit court cases that say otherwise so it'll probably fly.

Hopefully Harley fights this one tooth and nail.


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