Quote:
Originally Posted by greglepore
Without being alarmist, I would strongly suggest to his widow that she get an attorney involved to investigate. If he was in fact on his way home from the dealership with a brand new motorcycle, I would want to make CERTAIN that mechanical failure wasn't involved. In almost all fatal accidents in jurisdictions that I'm familiar with the police usually do a thorough reconstruction and scene documentation, but I'd want to be reassured that that is the case where you are. I know you might be hesitant to suggest such things at such a difficult time, but given the circumstances I would want an assembly error or part failure to be ruled out.
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Quote:
Originally Posted by bob deluke
Greg,
When I talked to Phil’s widow, I did suggest to her that she may want
to retain a civil defense lawyer with investigators to look into the accident. Brand new Harley from the dealership. She did manage to have the bike impounded at a secure location if it comes to that. She’s pretty savvy and once the funeral is over, she may obtain legal console. If nothing else, eliminate the possibility of a mechanical failure.
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As a guy who was the victim of a fairly serious motorcycle wreck, I'll strongly second all of this. The only thing I will add is to implore her that she absolutely SHOULD NOT trust her insurance company to do any of this for her. They will likely offer, which may sound odd in a fatality such as this. Tell her to hire her own, independent lawyer. At times like this, believe it or not, even your own insurance company is not your friend.
She is, obviously, going through hell right now. It sounds like she is already making good decisions, which is not always the case. Her head is spinning, I'm sure, with all kinds of legal issues coming at her on top of her grieving. Time is on her side, though - she need settle nothing at the moment. It took my wife and I three years to arrive at an equitable settlement, and it was exceedingly obvious what happened in our case - no real investigation required. The dealership's insurance, possibly even HD's lawyers, may pressure her. Tell her to take her time, hire that lawyer, and be as thorough as possible. Rushing to any kind of a settlement will not bring him back. Forcing an investigation may, however, help the next guy...