BIKER sues HD over ABS or not
 

http://www.visordown.com/motorcycle-...ase/19709.html


AN AMERICAN who crashed his Harley-Davidson, causing his wife who was pillion to end up brain damaged, is suing Harley-Davidson as he claims he thought his motorcycle was equipped with ABS.

Jack Wilson, who crashed on Highway 99 in California, told the Highway Patrol that his anti-lock braking system had somehow malfunctioned, however, his bike, a 2008 Harley-Davidson Road Glide was never fitted with ABS.

Wilson claims the icon on the motorcycle's idiot lights suggested that it did have ABS. He also claimed the salesman who sold him the bike gave him an elbow-to-the-ribs-type aside and said 'chicks love ABS'.

The defence are claiming that the manufacturer puts this icon on all bikes to ensure that bikes that do have ABS will definitely have the accompanying light. The defence lawyer went on to say: "There's nothing odd or unique about a non-ABS bike having ABS. If the icon doesn't light up when you start the bike, anybody should know you don't have ABS."

The defence have laid the blame squarely at Wilson's door, saying: "He should have known the bike's features after riding it for 15 months and 12,000 miles."

Wilson's wife Judy has been left with skull, facial, rib and scapular fractures and now has a prosthetic skull and permanent brain softening. Pain and assorted disorders will render her unemployable forever, said her lawyer.

In what has become a highly controversial case, the jury have to decide whether Harley-Davidson's product bears a design defect in the form of the 'ABS' icon. If Harley-Davidson are found to be at fault, they'll liable to pay around $3 million (£1.9m) to Wilson and will no-doubt have to issue a huge recall.

The case continues.



Read more: http://www.visordown.com/motorcycle-...#ixzz1gzy5wjhy

Fuck that guy. I'm no HD lover, but they did the same thing auto manufacturers have been doing forever. It was his bike, he should have known what features it did and didn't have.

The article also doesn't say how the accident happened, but I'm guessing it was rider error, leaving him nobody else to sue, so he went after HD.

Well they do have deep pockets so its easy to go after them instead of his own shortcommings. I can see if he had just bought the bike or was mislead by the dealer.

Wondering what kind of chicks dig abs

He meant "abs"....not A.B.S.

Since in the HD world six pack is associated with beer the joke was lost

But, why not go after the dealer?

Heeeeeeeeey... I dig ABS :lol:

In a manner which gets you lubed up? I don't believe that technology has that affect on anybody :lol

It's a shame people cannot face their own shortcomings. He's mad at himself, and taking it out on HD. Plus, he'll need the money to help take care of his wife for the rest of her life.

Its going after the people withthe deepest pockets. They will try to name everyone in th elawsuit from harley, to the dealer and prolly even the manufacturer of the cluster that makes it look like the bike has ABS (If harley doesnt make it themselves)

Indemnify, indemnify, indemnify. It's all in the contracts. Gotta sue 'em all to get copies, then they have to get Protective/Confidentiality Orders before they produce anything. Unravel insurance coverage issues to get enuf. Life care plans don't come cheap. It'll settle. By the time it's said and done, bet they'll be in the second layer of coverage. The last thing HD wants is for hubby to wheel wife into courtroom during trial so the jury can see her.

End result will be a price increase on all new HDs, and huge disclosures re ABS systems on bikes. Somebody's gotta pay for it.

Like this dude was going to ride more carefully if he knew he didn't have ABS. What a crock.

like I said on FB: there's a reason they call 'em "idiot" lights...

Well this guy won't be riding around harley riders anymore, lol

I wouldn't bet on that. His wife's doctors and his lawyers probably all ride Harleys. Bet they'll ride with him.:lol:

The article doesn't say, but I wonder if she was wearing a DOT approved helmet?

Why, a bunch of dentists on a midlife crisis trip won't tolerate this behaviour? redflip

My money's on no gear at all (except maybe a cool vest and chaps), but there's no way to know for sure. This guy just screams "lifestyle" to me.

Jury clears HD and dealership

http://www.sacbee.com/2011/12/20/413...vidson-in.html

So, it locked up the rear wheel? Abs wouldn't have changed that....

The other day we were talking about how much of a waste it is to put ABS on a Harley. After all, the majority don't use their front brake.

I still dont get that esp since I dont use my rear brake that much.

A few yrs back I lost a front caliper bolt on my futura while out on a ride. We were trying to figure out what to do and one HD rider told me ot ride it and dont use the front brake. I somewhat politely told him to GTFO :lol:

Also leads me to believe she didnt have much more than a brain bucket on if all it was was a lowside crash

I love it when juries listen well, take notes, and render a judgment based on the facts and testimony, not the emotion of the case.

It's a shame that the plaintiffs will have to figure out a different way to pay for the wife's continuing medical and care expenses, but when you don't have a case, don't take it to a jury. I'm sure HD made a reasonable offer of settlement. Sometimes, people just have to have a jury of their peers hand them their sign.

The last article said HD offered them 900k, but a lot of the medical and legal costs would have eaten that up. It sux she will need the long term care but its wrong to try and blame others to try toget money out of them.

You're right. It's a shame, since her life care plan probably came to close to $500,000. And, I agree it's wrong to blame others and sue them when it's not their fault.

Sounds like her husband dumped her too.

In more ways than one.

Well, you know how some women ask "Would you still love me if I was______?" Well she doesn't have to ask anymore.

lol

Thats if shes even able to ask.

We are so going to hell on this one LOL

So he had to "Lay it down", eh?

I'm shocked.

Yeah, not really.

And forgive me for being dumb, but I thought the ABS really only kept the FRONT from locking up? :confused:

How the hell did this get even as far as a jury if the outcome wouldn't have been prevented had the bike actually been equiped with ABS?

How about the fact harley offered them 900k as a settlement.

They're probably cynical like me - figured they'd get cleaned out in court by sheeple on the jury. I'm honestly surprised it didn't happen that way.

When the blade fell over in rocks it separated the plastic elbow between the front brake master and resivoir. Didn't know till I started for home and got a good squirt of fluid on my glove at the first light. Limped home on the back brake no biggie. Actually easier than riding the cm450 home with the snapped throttle cable. That one I cranked the idle adjustment up to 5k and slipped the fuck out of the clutch :lol

Not everyone knows that. In fact, at the Long Beach show, one of the BMW dealer guys corrected me that all BMW motorcycles have ABS that works on the rear. Silly dealer guys....

lets see how the NY guys do LOL

How much have you used your GS in the mud, Zoom? There is a reason why I turn my ABS off when I go off road.

At least on the 12 and it's linked brakes, the ABS does monitor and effect the rear. Not to the same degree as the front though.

I had no idea ABS was front only until this thread.

Is that all bikes, some bikes, or what?

That's when you lock the rear up for a skidding stop right on front of him. Lol

Actually it's not on all bikes. ABS does effect rear wheel on a lot of bikes, but it effects the front much more than the rear. There are some that try and prevent rear lock from ever occuring. It varies a lot. As I said, my BMW does effect the rear wheel. You go slam on the rear in the mud and you definitely notice it having an effect. Which is why I and most of the 12GS riders turn them off in the dirt.

Do any bikes have the linked ABS?

yes, the BMW integral system for one.

Here ya go: http://www.webbikeworld.com/BMW-moto...mw-abs-asc.htm

Are you confusing asc with abs?

I dont have asc.

Honda also uses a C-ABS (Combined-ABS) that is similar to BMWs. It's linked and the rear brake is involved.

I believe like the BMWs, it is only combined with the front lever is used. The rear pedal only operates the rear brake.

How about CRS?

Canada Remote Systems?

Can't Remember Shit.

:lol

I definitely have that, it's stuck on shit my wife says mode.

you are correct sir. twice correct

I use both, but in the twisty bits, I use the rear to scrub off speed if too hot in the corner. It reacts the bike much better than the front.

HD has rear abs that works just the same as the front.

No HD ABS is linked. Front & rear is completely independent.

Uh... I'm pretty sure ABS on the F/G650 and F800 effects both front and rear, as there is an abs sensor on the rear...

(not on mine... it's non ABS)

The HD system has a ABS sensor on the front & rear.

And so does a ton of bikes including the one on the r1200gs. Heck, people had to go through the abs sensor hole to fill the final drive until 2008.

http://www.touratech-usa.com/Store/3...GS-F650GS-Twin
http://www.touratech-usa.com/media/o...?size=prodfull

A bike with ABS, regardless if it is front/rear or front only, is probably going to have wheel speed sensors front and back. From what I understand of ABS it isn't triggered by the speed of an individual wheel, it is triggered by a difference in speed between two wheels. In order to sense that difference you need a sensor on both wheels. The way to tell would be to find the ABS pulse module (typically made from a block of billet aluminum) and see where the brake lines coming out of it go.

BMW uses a valve/pump setup. If anyone would of bothered to read the webbikeworld link I posted, you would understand it can and does use the rear brake in it's design.

I will just get the best quote out of that article:

Here's a neat little picture of the brake system with ABS that shows brake and sensor lines running from the valve/pump setup to both wheels.

http://www.webbikeworld.com/BMW-moto...s-system-2.jpg

Coincidence - mine too!

The bike that we were talking about in the booth was the K1300S HP edition. The GS's are linked - front works front and rear, rear works rear. It's why there is an ABS off button on your left thumb. Essentially, the GS is seen as a dirt option. On dirt you will sometimes want and need to lock that rear.

I was taking my lead on that bike from Sergio - he wrote the technical specs on the K1300...

Gas, I don't understand what you mean about the HD ABS - it's linked or it's not linked?

That sounds famaliar, oh yeah, I been saying the same thing the whole thread................

I don't have any first hand knowledge of the K1300, but the R bikes are pretty much the same system.

Honda's ABS on the Goldwing and the CBRs are pretty close in operation to the R bikes as well.

Basically, there are plenty of bikes out there that do use ABS on the rear.

HD is NOT linked. Not the brake system or the ABS.

You want fun with numbers?

Honda ABS system: 22lbs
BMW R-ABS system [that is on the S1000rr]: 4lbs

I'd rather 0 lbs on a sportbike, as in no ABS, LOL

Stupid Euros with their mandatory ABS policing.

But, it's the easiest bike to do the abs demo on....

That's definitely true. LOL