Bitten by my motorcycle

[Mr-J]

What is the name of your state? Illinois

I purchased a large (900 lb) motorcycle 3/31/07. On the way home, while stopped, I lost the balance of the bike and it tipped over on me. Sustained 3 fractures of my left lower leg/ankle.

No medical on the bike policy at the agent's suggestion, because the maximum payout was $1000, which they pointed out wouldn't even pay for the E.R. visit. I have no other medical coverage, so the expenses have been high.

I purchased this specific bike because it had an airbag, assuming it would be safer, and offer a greater likelihood of escaping an accident unscathed. If the manufacturer really wanted the bike to be safer they could have made the crash bars/engine guards an inch or 2 longer, and my ankle wouldn't have been crushed.

Would this be an instance where a product liability or class action suit would cause the manufacturer to change the way they make the crash bars/engine guards? I also feel that the center of gravity is too high which adds to the ease of losing balance, but I'm sure its unrealistic to ask them to re-engineer the entire bike.

I would like to find a way to coerce the manufacturer to buy back the bike at a minimum. Because I can't afford to keep making payments on a bike I can't use and continue paying medical bills.

Unfortunately, selling the bike isn't a viable option, because of the cost of the bike versus the resale value, I'll be upside down on this loan for a few years.

Thank you for considering my plight.

 

[Zigner]

You are responsible for knowing how to properly ride your motorcycle.
Google "Assumption of risk"

 

[You Are Guilty]

You are responsible for knowing how to properly ride your motorcycle.
Google "Assumption of risk"

and "inherently dangerous activities"

However, to answer the question, to sue, you'll need to hire an expert engineer to swear that the motorcycle's design was faulty. Do you have one?

 

[moburkes]

And, you should have walked out of that insurance agent's office when he said that the maximum med pay was $1000.

But, I agree, that your motorcycle skills were severly lacking.

 

[xylene]

Extend the crash bars.

 

[Country Living]

Being a long-time bike rider myself, I believe I can safely make these assumptions:
1. This is your first bike.
2. You have never taken a motorcycle safety course.
3. You bought a bike you couldn't control.
4. Due to your injuries I suspect you were wearing tennies instead of laced-up motorcycle boots.
5. You laid down your bike due to your lack of skill and judgment.

You really bought a bike because it had airbags?

 

[moburkes]

You really bought a bike because it had airbags?

Yeah. I was thinking the same thing. But, hey. That's just me!

 

[xylene]

Yeah. I was thinking the same thing. But, hey. That's just me!

I was also thinking why would you buy a brand new (or nearly new) motorbike without having health insurance...

 

[moburkes]

I was also thinking why would you buy a brand new (or nearly new) motorbike without having health insurance...

Or, ANY motorcycle, for that matter. They are, while the coolest things around, deathcycles.

 

[Country Living]

I'm having trouble believing this is a real post. He bought the bike in March and it's now August.

I purchased this specific bike because it had an airbag, assuming it would be safer, and offer a greater likelihood of escaping an accident unscathed.

There is just not enough time in the day for me to address having an airbag on a bike.

On the way home, while stopped, I lost the balance of the bike and it tipped over on me.

This is why bikes have crash bars.

If the manufacturer really wanted the bike to be safer they could have made the crash bars/engine guards an inch or 2 longer and my ankle wouldn't have been crushed.

Being a new rider it never occurred to you to move your foot.

Unfortunately, selling the bike isn't a viable option, because of the cost of the bike versus the resale value, I'll be upside down on this loan for a few years.

You bought something you couldn't afford.

Do you not have health insurance through your employer?

 

[xylene]

Or, ANY motorcycle, for that matter. They are, while the coolest things around, deathcycles.

I wasn't quite thinking those lines... more like I know I would be covering the basics like health insurance before getting an expensive pleasure vehicle.

 

[moburkes]

I wasn't quite thinking those lines... more like I know I would be covering the basics like health insurance before getting an expensive pleasure vehicle.

I agree. But, for some people it is their only vehicle, but probably not that way in IL.

 

[xylene]

But, for some people it is their only vehicle, but probably not that way in IL.

I am having a hard time visualizing someone with a 2006 or newer Honda GoldWing as their only vehicle...

 

[moburkes]

I am having a hard time visualizing someone with a 2006 or newer Honda GoldWing as their only vehicle...

I didn't visualize it as a Honda Goldwing, but I also didn't imagine it as necessarily expensive. But, since the OP ain't coming back since we all shot down his brilliant idea about a class action lawsuit...

 

[MyHouse]

I don't know what shocked me more, the motorcycle with airbags, or the fact that OP would even ride a motorcycle without health insurance. Also, I would never get such a heavy motorcycle, especially if not well-balanced. With a well-balanced motorcycle, it doesn't seem heavy even if it is. Because I'm only 5 feet tall, I bought a low motorcycle that only weighs 300 lbs. Being able to plant your feet firmly on the ground and hold up the weight if it starts to fall over is pretty important.

And Country Living is right about the boots. I learned that the hard way when I had a small crash while wearing tennis shoes. Although there wasn't a mark on my shoes, my heel was bruised and it hurt for 2 months. Nothing was broken, thank goodness.

I've seen some women riding on the back of motorcycles wearing thong sandals.

Even if they trust the driver of the motorcycle they are riding on, they should not trust other drivers. In my case a SUV made a left turn directly in front of me.

I think OP should shop for some longer after-market crash bars and get some nice, heavy boots.

Good luck.