US biker sues Harley in ABS light case
Interesting case could affect future production from all manufacturers
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.
Discuss this story
What a ****ing dumbass.
By the way. When i turn my bike on the speedo goes round, But as far as i'm aware im not actually doing 170mph in my shed. But if it turns out i'm going that fast could i sue Kawasaki for the damage caused to my shed?
Posted: 16/12/2011 at 13:35
1. Yes. On every car, at least in the US (and I assume with your even worse safety Nazis there the same is in the UK/EU), eqipped with ABS the ABS warning light has to light up on start-up (however briefly). Probabal;y the same for bikes but I do not know that for a fact.
2. He likely would have no reason to have a case at all if she was wearing a helmet. Just ridiculuos that most US states have no helemet laws.
Posted: 16/12/2011 at 14:22
The bike does not have an ABS light, the gauge has a cutout for an ABS light when ABS is installed. Simple as that - and no, you don't brake any differently if you have ABS or not.
Yes, the light comes on in a car or on a bike whenever the vehicle is started. It is part of the start up process. It also comes on if there is a problem with the ABS system in either a car, or on a bike. Even if there IS a problem though, if it is the amber ABS indicator that lights up, the brakes default to a standard non-ABS system. The ABS system can completely fail, and the brakes will work normally.
Bottom line is, the guy had an accident, he functionally lost his wife, and is now trying to make someone else pay for it. While I have empathy for him, he is not only wrong, but he has a complete jackass for an attorney.
Posted: 16/12/2011 at 16:02
Hold on. Bill Jones has a point. I'm into my bike so i want to know everything it does. I maintain it so i'd like to think i know it in detail. But, i never did the same for my car even though i loved driving. Would i assume that there was nothing wrong if a light on the dash didn't come on. Hell yes! I use to run my car WITH the engine light on, and ignored that something was wrong.
The point is, the ABS indicator could be misleading simply by being there regardless of whether it ever worked.
BUT, it is 'basics' that when you buy a new vehicle you should get to know its features. What's the best way to do that? Read the bloody manual that comes along with it! Surely the defence would have been better to argue that he failed to read his manual, which by the way contains information on bike maintenance. What good is ABS if you never bloody maintain your bike because you couldn't be bothered to read the manual? How would you know when to get it serviced if you never had a look?
Posted: 16/12/2011 at 16:54
ABS in cars is a bit different: it's required by law (in the EU, at least). Also, when I start my car, at least 10 different little lights appear for a split second. There's no way I could read all of them, even if I wanted to. (I looked up a Youtube video just now to see that yes, my car does have an ABS light that blinks during starts.)
My car doesn't have the optional electronic stability control feature, and so that part of the dashboard is a blank cutout that looks like it could be a button, but is just a flat black plastic square. I'm curious if any carmaker uses actual indicators on their dashboards for features that the car doesn't have.
Posted: 16/12/2011 at 17:21
Again, I don't know full details here, but most articles on this story say the guy stated he was doing circa 65mph and grabbed the brakes when he saw traffic backing up, causing the back wheel to lock up and him to lose control.
That would seem to suggest that he was not looking far enough ahead and was also likely using his brakes incorrectly.
Not trying to sound preachy here, as i've done my fair share of not paying enough attention to what's ahead and then grabbing a handfull of brake, but I knew these incident's were my fault.
Posted: 17/12/2011 at 09:26
Brake or break?
I have a 2010 Road Glide with ABS and you can tell by looking at the bike that it has ABS. There is a wire that goes to each wheel. When you buy any motorcycle you should research everything about it.
Everybody wants to win the lottery
Posted: 17/12/2011 at 14:40
The question is: How did he find out that his Harley didn't have ABS AFTER he crashed it??
Did he miraculously discover that fact after owning the bike for nearly 2 years and not knowing because of the crash??
Posted: 18/12/2011 at 21:40
its called responsiblity, and however much this confuses you,(here in the uk there is no such thing if your under 35),the most irrisponsible spoilt brats who are meant to be adults. and just for the ignorant twats who cant help calling all americans yanks ,you dumbshits,just because the british all hate each other may i remind you english irish scots an welsh that you are all british like it or not thats your tough crap. yankees are from the north !! remember, they threw your shiny red asses out a long time ago, i was hit here by a pr**k who turned a junction into a chicane took me out front wheel landed 50 yrds away destroyed the car my bike and my right knee but i wasnt gonna settle for the pittance they pay to uk citizens and although the 'book price' was £***,*** max by the time i finished instructing my english solicitor i got nearly double that, the point being if some one is responsible in that way, than it is in their interest to get things right the first time,and if your just jealous twats who cant help moaning about people and things you are envious of then wind your neck in you tea drinking puszies.ALL dash lites flash on the key so you know the bulb works, then if there is a problem it stays on. how fuggin simple is that.? if he had an ABS bulb fitted, and if it lit up on the key thats a case.if there is an ABS symbol and no lite then you check the bulb, and when you find there isnt one then ,guess what ? no frickin ABS is fitted, no case !!
MERRY FREAKIN CHRISTMAS EVERYBODY !!
Posted: 19/12/2011 at 14:13
i work at a HD dealer. if a bike IS equipped with ABS the light comes on and stays on at initial start up. then the light blinks until you go over 5mph. he would have known all of this had he read the owners manual. ABS is an option on the FLTR(road glide). in 2008 if a bike had ABS it also came with the 103" motor. im sure he didnt want to pony up the extra $$$ for that.
besides, ABS on a motorcycle is only designed to help in straight line stopping.
Posted: 19/12/2011 at 22:42
I have a 2009 Road King abs equipped and the Abs light comes on as indicated in the accompanying dvd and owners manual. The light is on steady until the wheel speed sensors, sense forward motion over 3 Kph. No question about my bikes functions, after assuming my owner responsibilty and reading the manual, any one who operates any piece of equipment without reading the instructions... is an idiot and deserve what they get as a result.
The abs is only effective in a striaght line controlled stop, not during turning, if you were to engage the abs in a curve or turn allow the bike to straighten for the stop.
The fellow is completely responsible for not reading the manual provided with the bike and testing all functions before taking a passenger.
Posted: 20/12/2011 at 02:15
Well if HD has to recall then the entire automtive sector will suffer because many have a standard dash clustre and then teh lights work if and only if the item is fitted otherwwise it woiuld cosntantly glow. I dont believe soemone3 said you brake differently with and without ABS - Thast is just plain stupid mto say and yes all vehicles test the light if ABS is fitted so i reckon if ya gonna comment ahve ya facts straight or at least know what you are talijng about.
A clissic case of not taking repsonsibility for your own actions and we will all apy now because the cost of defending this crap will find its way into tweh new bikes.
Posted: 20/12/2011 at 04:14
@ blah blah:
What, the difference between "break" and "brake"? :-)
Posted: 20/12/2011 at 14:47
only in the USA....
you could have a christmas tree full of lights, if the front wheel does not have the "ABS ring" which is really obvious.... there is NO ABS...
sad this tools lack of skills resulted in his wife getting injured...
maybe he should have tried louder pipes??
Posted: 21/12/2011 at 00:47
I am just going to leave this here...
http://www.sacbee.com/2011/12/20/4134112/jury-clears-harley-davidson-in.html?storylink=lingospot_related_articles
Posted: 21/12/2011 at 03:56
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