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Old 12-19-2011, 07:09 AM   #1
John Smallberries OP
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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...
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Old 12-19-2011, 07:32 AM   #2
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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.
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Old 12-19-2011, 07:37 AM   #3
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Originally Posted by genka View Post
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.
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Old 12-19-2011, 07:43 AM   #4
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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.
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Old 12-19-2011, 07:44 AM   #5
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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.
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Old 12-19-2011, 09:05 AM   #6
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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.
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Old 12-19-2011, 09:08 AM   #7
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That's gonna be one costly light/ indicator...
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Old 12-19-2011, 09:11 AM   #8
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Originally Posted by hancockbs View Post
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?
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Everybody's always talking out the side of their mouths about our "dependency on foreign oil", what about our dependency on cheap china crap? Who exactly again is killing our dollar?
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Old 12-19-2011, 09:20 AM   #9
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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...
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Old 12-19-2011, 09:24 AM   #10
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Originally Posted by Offcamber View Post
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.
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Old 12-19-2011, 09:56 AM   #11
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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.
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Old 12-19-2011, 10:03 AM   #12
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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.
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Old 12-19-2011, 10:05 AM   #13
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Originally Posted by Offcamber View Post
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.
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Old 12-19-2011, 10:08 AM   #14
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Originally Posted by larryboy View Post
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.
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Old 12-19-2011, 10:11 AM   #15
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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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