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Old 08-10-2008, 02:59 PM   #46
rc mad
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holy feck Good job on surviving that one. For those forks to do that it's got to have been a casting failure, you'd sure as hell know about it it the forks took enough damage in the other crash to do tht.

Have you owned the bike from new, only other possibility is that a previos owner had a bad smash before you got the bike
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Old 08-10-2008, 03:01 PM   #47
redbaroness OP
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Quote:
Originally Posted by rc mad
Have you owned the bike from new, only other possibility is that a previos owner had a bad smash before you got the bike
Nope, it was used. It had had a couple of previous owners, I believe.
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Old 08-10-2008, 03:50 PM   #48
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Quote:
Originally Posted by redbaroness
Nope, they took it off ine one piece. I took a deep breath and told them to pull it off. Might have cussed a bit. :P
Oooh... now that's brave, if you have an arm with an S-bend in the middle of it and bones poking out of it...! In fact I think brave is something of an understatement
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Old 08-10-2008, 05:45 PM   #49
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Wow!!!

Heal fast. It is a very odd failure.
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Old 08-10-2008, 07:31 PM   #50
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Hey Baroness -

I just found out about this the other day, holy crap! I'm so glad you're doing better, relatively speaking. If you need anything just ask, you know I'm nearby.

Heal fast buddy, let's get signed up for next year's CSS early and go for levels 3 + 4 while the rest of Seattle waits for the Mariners spring training to start.

Marty.
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Old 08-10-2008, 09:09 PM   #51
xmonger
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Wow, to see a front end fail like that sans impact, that is rare. I hope you heal quick.

Now, I have never sued anyone in my life. I think frivolous lawsuits suck for all. However, in this case, I think you need to get an attorney and go after BMW (the company, the dealer is not to blame for a metallurgy failure). If anything, it might prompt a recall that saves lives.
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Old 08-10-2008, 09:34 PM   #52
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Quote:
Originally Posted by martys
Hey Baroness -

I just found out about this the other day, holy crap! I'm so glad you're doing better, relatively speaking. If you need anything just ask, you know I'm nearby.

Heal fast buddy, let's get signed up for next year's CSS early and go for levels 3 + 4 while the rest of Seattle waits for the Mariners spring training to start.

Marty.
Thanks, Marty. :| I'm back at work tomorrow. I'll come by to talk.
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Old 08-10-2008, 09:35 PM   #53
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Quote:
Originally Posted by xmonger
Wow, to see a front end fail like that sans impact, that is rare. I hope you heal quick.

Now, I have never sued anyone in my life. I think frivolous lawsuits suck for all. However, in this case, I think you need to get an attorney and go after BMW (the company, the dealer is not to blame for a metallurgy failure). If anything, it might prompt a recall that saves lives.
I'm not sure if I can afford a lengthy lawsuit with a big corporation. :|
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Old 08-10-2008, 09:46 PM   #54
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I would not necessarily say that a lawsuit is in order *yet* but you should at least do the right thing up front and provide the information to BMW about what happened and allow them to examine the failed parts to determine what caused the failure. I would not necessarily give them the parts as that's your evidence but on the other hand if there is some casting defect they may wish to issue a recall. You might also notify NHTSA as they can open an investigation and order a recall if necessary.

I might also have an independent metallurgist examine the failed parts and offer their opinion as to what caused the failure, i.e. whether it was a casting defect there since new or whether the previous incidents caused the failure, or both (i.e. a casting defect that was aggravated by the previous crash).

If it's determined to be a casting defect, then BMW should a) compensate you for your medical bills and b) issue a recall if it is determined that there were more faulty forks put on the road than just yours. If it is determined that it was a casting defect and BMW tells you to screw off, then I would say unleash the lawyers. At the very least, you should be made whole, assuming that there was a defect.

If the failure, through metallurgical analysis and not just internet speculation, can be traced to a previous incident or crash, then I wouldn't go after BMW as it wouldn't be their fault it failed.

If a defect was found to have caused the failure, then you could probably find a lawyer willing to take the case on contingency.

At any rate, that's a hell of a thing to have happen. Heal well.
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Old 08-10-2008, 09:51 PM   #55
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That is very good advice. Thank you.
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Old 08-10-2008, 09:53 PM   #56
Phish
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Was there any impact to the front end when it failed, I mean like a bump, pot hole or something ?
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Old 08-10-2008, 09:55 PM   #57
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Quote:
Originally Posted by AKhf
Was there any impact to the front end when it failed, I mean like a bump, pot hole or something ?
None at all. It was a well paved road. The bike did act like it went into a massive tankslapper though.
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Old 08-10-2008, 10:03 PM   #58
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I hope you are healing fast and well !
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Old 08-11-2008, 08:40 AM   #59
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Glad you are healing!

Quote:
Originally Posted by redbaroness
I'm not sure if I can afford a lengthy lawsuit with a big corporation. :|
I would suggest you find a good attorney or two who specializes in manufacturing defects. Talk to your insurance company first as they are supposed to represent you to collect damages. Look on the web for attorneys who have won judgments.

Get a free consultation and lay out your side. The attorney will figure out if you have a case. If you have a good case, they will pay for all research and their expenses out of pocket in the hopes of settling with BMW or others. Fork manufacturer comes to mind.

If your case is marginal or weak, they will tell you and may ask you to pay for those costs. You might not want to go forward.

The vast majority of lawsuits are not frivolous. (Unlike the ones you read about --Yes the McDonald's coffee was too hot.) Lawsuits are a civilized mechanism to help people decide who is at fault when they disagree.

Of course we could always go back to the OK Corral and settle our problems with the business end of a Colt 45.
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Old 08-11-2008, 09:15 AM   #60
TorqueWrench
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I know of a case where fellow BMW rider experienced a failure of the critical lower ball joint in the front telelever suspension on a brand new R1100S. He was running about 60mph down a smooth paved road when it sheared in half. Needless to say, both he and the bike took a serious tumble and it was a miracle that he survived. It's my understanding that BMW covered his expenses and promptly delivered a shiney new replacement bike to his house.

I would not be bashful about contacting BMW about this issue. It might save someone's life and it might set things right for you.
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