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In this day of litigation, someone wanting something for nothing and bottom sucking scum lawyers, this should not surprise you. It's Harleys fault because he was riding on it, It's Mikes HD fault because they sold it to him. Notice, no witnesses, No accident investigation finding, his helmet beside him. Whatever casusal effect maybe is only speculation. If this, Of that, If whatever.
No witnesses = "dumbass killing themself" to me. And you should not be rewarded for stupid. There were no product recall around failed brakes, sticking throttles, etc.
The people bringing the suit want money. And thanks to the legal system not punishing the loser on these (by paying the defendant's time and lawyer expenses), they expect a settlement and will drag it out until they get it.
I couldn't find anything in that article that mentioned what the reason is, but they are suing the dealership and the MoCo it seems.
Exactly the point, there is no reason other than a few clues: 1) no skid marks, (going too fast, did not hit the brakes, inexperienced rider, blah blah, blah,) 2) the helmet was found beside him (did not have it on, fell off the bike when he crashed)
We live in a victim-mentality society where no one is responsible for their actions, put the blame on someone else. The good minister was very likely a victim of his OWN actions and nothing more. Did anyone bother to check how long he had owned the bike? How long did he he have his license, or did he even have one? (Think high paid NFL quarterback here) The fact that the well intentioned late comers disturbed the accident scene making it all but impossible to reconstruct the accident aside, the few facts that were presented seem to tell a story in themselves.
MoCo has money equates to they're responsible. No more point needed.
They could only be suing for a design or manufacturing defect. If there were no evidence of this the case would have been thrown out way before it made it to the court house. If you were riding your bike and the front wheel locked because of a faulty design or a manufacturing defect dont you think your family should have the right to recover for your demise. I think the article is pretty insufficient to make a call of frivilous lawsuit. Now you wanna talk about frivilous lawsuits just think about the high crime rate cities trying to sue the gun manufacturers. Now that was BS. There is nothing wrong with our court system. Insurance companies want everything slanted in thier favor so you hear lots of rhetoric for tort reform. When they take away our right to a trial by jury America will be officially dead. Just because there is no recall does not mean there was not a manufacturing defect.
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West Virginia is a Helmet Law State, a helmet is required. Sounds like he may have been attempting to put his helmet on while riding down the road, since it was beside him. Only speculation on my part.
If there were a design failure that caused either the front or rear wheel to lock up there would be skid marks of some sort. Also if they were able to pick his bike up and put it on the stand then it could not have been damaged that much.
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