While looking to sue a motorcycle manufacturer for big bucks shyster Richard Lester has come up with a new twist: the Harley Davidson derby cover. Lester contends that the derby cover provides a place for a foot to be caught in an accident. What I want to know is why stop at the derby cover? If you are really trying for liability suits why not go for the helmet causing a neck injury? NHTSA has failed approximately 78% of all helmets that they have tested. The first question out of an accident attorney's mouth ought to be "What is the make and model of the helmet that you were wearing ?" in any head or neck injury case. You already have a failed test by NHTSA. Now all you have to do is show that the manufacturer did not recall the helmet and warn the consumer. Seems like even an attorney of Lester's quality could manage that.
If you want to go after equipment that is on the motorcycle why don't you go after the aftermarket products. That is a huge market. If you are worried about places for a foot to be caught in an accident then you definitely want to go after all of the forward control manufacturers. If they don't have deep enough pockets then sue the distributor such as Custom Chrome Inc. While your at it get the manufacturer of those stupid o-ring footpegs that lose all their rubber in one week so that your foot slides off of them. Some of the manufacturers even sell chrome kicker pedals for an instant stress fracture. External shock absorbers can also trap feet and legs especially for the passenger.
Lets leave the legs alone and look at the torso. Both factory and aftermarket dashes could cause castration in a front end collision. Then even your wife can get in on the damages for loss of cohabitation. If the bike does not have a dash you can always go for the protruding gas cap. High handlebars or risers can also become a hazard. Instead of flipping over the bars a rider could collide with them. I would think that the square front master cylinder on Harley Davidsons could also be a hazard. Plastic windshields and fairings could cause lacerations.
At the rear of the motorcycle is the big moneymaker. The sissy bar. Talk about getting wedged between things. In your suit you could contribute all internal injuries to this piece of equipment.
I am sure that there are many areas that I have overlooked in my search to assign liability. It may be that not being an attorney, I do not have the drive to find fault in everything. But let them go ahead. In the end we will have motorcycles that are all imported with no optional accessories. But attorneys like Lester will be rich and that's all that matters.
Oh, I almost forgot . . . FUCK YOU BILL BISH!
Kevin Dimmick