killshee Posted March 17, 2009 Report Posted March 17, 2009 sue them fuckers.... i had the chance to sue the corpiration i worked for and didnt trust me u should sue them Quote
2001Stroker Posted March 17, 2009 Report Posted March 17, 2009 Damn, that sucks bro. I'm gonna jump on the bandwagon, and say sue that shit out of them. My only question is, how did you get tickets for no tags, registration, insurance, and all that, if you were on a dirt road? I can see if it's a city owned dirt road, but I was under the impression that it's a private dirt road. Quote
blowit Posted March 17, 2009 Report Posted March 17, 2009 sue them fuckers.... i had the chance to sue the corpiration i worked for and didnt trust me u should sue them I really think publicly bashing a legitimate business for a parts failure when there is ZERO data of the structural fatigue of the part is rather ignorant. Not trying to start a fire here but as a structural engineer, I can see it rather easy to shoot holes through the "bars just broke" theory. I cannot speak specifically for TAG and do not know all the specifics of the part but usually pushing a part like this to fatigue limits will include deflecting a part past bending. Read, bent. I think until all the facts are really known like the type of life the bars have had and the condition they were in when a "wheelie" was enough to literally break them in half, one would really just be guessing here. I just think bashing TAG might not be wise just yet. At least you might get a set of bars out if it, but definitely not a few mill. JMO. Quote
blue-banshee Posted March 17, 2009 Author Report Posted March 17, 2009 Damn, that sucks bro. I'm gonna jump on the bandwagon, and say sue that shit out of them. My only question is, how did you get tickets for no tags, registration, insurance, and all that, if you were on a dirt road? I can see if it's a city owned dirt road, but I was under the impression that it's a private dirt road. It was a town ship road, and they got be pretty good with fines , speeding, reckless driving, insurance, no plate and no registration im really thinking about sueing maybe they will aleast pay for the bike, im gonna give them a call here in a bit Quote
blue-banshee Posted March 17, 2009 Author Report Posted March 17, 2009 (edited) I just gave them a call and got the run around they kept transfering me to diffrent sales people and then they told me that the guy in charge of that was gone till next monday. Edited March 17, 2009 by blue-banshee Quote
R. Rollins Posted March 17, 2009 Report Posted March 17, 2009 I in in aggreance with "blowit" here on this one. He quoted : "I really think publicly bashing a legitimate business for a parts failure when there is ZERO data of the structural fatigue of the part is rather ignorant." Now think about this: You were riding the Banshee where you shouldnt have been riding in the first place. (We ATV enthusiasts have enough of a hard time just finding a legal place to ride without others trying to mess it up for the legitimate legal riders everywhere with stunts like this) Secondly: You blame the handle bars. With your crash, your being ticketed for your stunts, you would have no legitimate gripe in any courts that would be able to prove the bars were at fault since you admit you were doing stunts. Stunts and stunt riding most likely would void any disclaimer in the warranty that those bars had on them if any.(my guess) Thirdly: Yes that cross bar should have been present, to help. No you should have not been there in the first place, no you were not in any legal grounds to sue, being you were involved with an illegal activity when it happened. You did a wheelie, you crashed, you got hurt, you tore up and totalled your bike, you seem to want to blame something or someone else for the fault, but things happen, machines break, and unless there was a video, or witnesses that could testify, I dont believe that you could possibly win the case. Plus the case would be expensive, well out of a sixteen year olds wallet means, and just a waste of time. I dont mean to be harsh by any means, just a grounded voice of reason. If you were riding in some church group in the hills and someone was videoing the group down the path and the handle bars just happen to break in front of the camera, you may just have a case. Otherwise, Lick the wounds, start getting your good parts off, get a frame, and other parts and re-build it slowly. You can do it. :cool: Its just a hard lesson learned. We have all broken things badly and had to rebuild them and learned the hard way. Dust yourself off a bit and get back on that horse. Quote
KlotzBanshee Posted March 17, 2009 Report Posted March 17, 2009 If you possibly over torqued the bolts on the bar clamps it can crush the bar and weaken it...it broke right at the clamp. Also the clamps also have a directional pattern; the front part of the blocks should be slightly longer than the rear. I wouldn't try to sue, the odds of winning are slim imo. $.02 Quote
blowit Posted March 17, 2009 Report Posted March 17, 2009 The point I was trying to make earlier is that if you even mention law suit to TAG, they may be obligated to move you to the legal department in which there will be NO compensation. Been involved with enough legal battles to tell ya, there is no case here. I would be rather polite with TAG and they might just send you another set of bars. The list of disclaimers for that bar failure can extend for many pages and I really doubt finding a lawyer to take the case will be easy. If you are cordial with TAG, they might help you out a bit. Brandon Quote
peterlocal22 Posted March 17, 2009 Report Posted March 17, 2009 first off im glad your ok but how did you break your nose and chip a tooth was it from the visor on the helmit swinging back into your face? just wondering because i have the same helmit and worried that maybe i should buy a new one, esp cons. you got a concussion? as for the bars, ive heard of many different bars breaking as yours did. infact thats one of the reasons why i went with the fasst bars. the last story i heard was of a dirt bike rider landing a jump, both the left and right side of the bars were the grip is broke. resulting in his chest getting smashed into the middle of the bars and him dyeing on the scene. its just a quick reminder that when buying parts that are important in your safety for riding its imp. to spend the extra money if need be and get a good product. not that your bars where not good. Quote
peterlocal22 Posted March 17, 2009 Report Posted March 17, 2009 almost forgot sorry about your bike bro Quote
2001Stroker Posted March 17, 2009 Report Posted March 17, 2009 Blowit, I see where you're coming from. R. Rollins, I agree with most of your post. But, coming from someone with alot of experience in the legal field, I say hire a lawyer and let him do all of the leg work. Don't call them anymore. Let the lawyer do it. And don't get one of those "you lose, we don't get paid" lawyers. Pay one up front. In Civil Court, traffic and criminal decisions are not admissable in court. Criminal, Civil, J&DR, and Traffic are all courts of "No Record" The decisions made in any of those courts can not be brought up in another court, nor can it be brought up in Circuit/Superior Court (whichever you call it in your state). So, a conviction in any of those can not be brought up in Civil Court. Also, in Civil Court, you only have to proove 51% probability that it was the defendant's fault, or money is owed. Whereas in any other court, you have to proove 90% probability. You do have a good case. You just have to get a decent lawyer. Quote
BenBB Posted March 17, 2009 Report Posted March 17, 2009 Damn that's some carnage :ermm: Never had a failure like that and hope I never do. Good luck getting back healthy and hopefully your Banshee back in once piece... Quote
tony cub Posted March 17, 2009 Report Posted March 17, 2009 have a friend that broke a fly bar,with the cross tube support, in the same place as you doing the same thing,.luckly for him he didnt wreck..i would say to just change your bars and move on..sometimes its better that way than to have to deal with all the BS. if you need a swinger,i have a few and will give you one to help with repairs,free of charge.just pay for shipping..pm me if intrested.. good luck Quote
blue-banshee Posted March 17, 2009 Author Report Posted March 17, 2009 well guys i dont know a hole lot about the legal stuff but im gonna look into for sure, frist thing though im gonna get my banshee fixed i hate seeing it like this and im gonna start to tear it down as soon as i can. about the helmet it did its job didnt do much for the face but thats the thing about opean face ones my face hit the pole on impact causing the broken nose/ chipped tooth. i plan to get a frame and swinger and axel and start to rebuilt i'll keep you guys posted. and i am in canada so the laws here are a bit diffrent i blieve. If TAG offers me a new set of bars i can honstly say that i would not take them. Quote
BansheeDan Posted March 17, 2009 Report Posted March 17, 2009 I had a set of renthals with a cross bar do the same thing all though it was from the bike flipping neumerous times in a flat track racing crash. Dan Quote
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