This happened sometime last year, I just though I would share the moment. I was at my camp up in New York with my brand new 2004 700efi. The day before the trip I had the dealer install handle bar warmers and a winch. When i arrived at he camp one of my buddies wanted to try it out so we unloaded it. Where it was parked you could go maybe 50 feet where you had to take a righ or a left. If you went straight it was a small rock wall maybe 1 foot tall and a bunch of trees some big and some small. My buddy got on it started it and for some reason just floored it for 1 sec, he later said he wanted to see how springy the throttle was. So he floored it, what happened was the throttle got stuck wide open because of the little stub that lets the wires in to the warmer. My first thought was whats is he doing, he has to take a turn in like 50 feet. In my mind I kept waiting for him to turn, but it never happened, in the last maybe 10 feet i saw that one of the the front tires was skidding from the brakes. When the machine hit the rock wall luckily it jarred the throttle loose it the machine stopped but not before it hit a pretty big tree at about 10mph leaving an indent in the tree with the winch. At the end of it all, I had a scared buddy a blown radiator, blown winch, and a lot of scratched plastic. My friend was ok just a few scratches.

Could I have sued the dealer for what happened if it was worse, broken bones or maybe even death (friend had no helmet)

We thought about the accident later that night and thought that the rock wall probally saved his life.

 

I'd say it would be hard to sue. The fact that he wasn't wearing a helmet and it would be hard to prove it was dealer error and not rider error. I thought the throttle had somekind of electronic safety on it to prevent sticky throttles.

 

I thought it did to. I think it wasn't triggered because it was like stuck forward like someone had there finger on it. Does anybody know how that system works, like how can it distinguish between the rider flooring it or frozen throttle?

 

The safety on the throttle works when the thumb throttle returns to it's stopping point with the carb still open, like if the throttle cable did stick and the thumb throttle was at rest the machine would shut down. There are electronics involved I'm not familiar with.

Anyways I went through it with the Kimpex grip heaters, the flaired end of the grip would slightly catch on the thumb throttle, had to trim it a little. MrMud's dealer should have paid more attention to the install and we should all re-familiarize ourselves with the kill-switch location on our machines just in case.

Thank God your friend pulled through.

 

this has happened to me too. except i turned the key off and it kept accelerating, your friend should have pulled the choke. thats how i turned mine off before i hit my truck. I want to know why the throttle does that too, if you find out let me know.

 

I am not a "sue happy" person. But the dealer needs to be informed of what happened in a stern tone of voice. He might decide to help you in some way if he is a decent guy. Glad no one was seriouisly hurt. Got insurance?

 

i would get the dealer to replace everything, thats crap work they did

 

I've got insurance but the dealer repleaced everything for free and upgraded to a 3000 pound winch also free. Would have liked a new one but he said damamge was not extensive, no bent frame. Now me as a bystander i say " now i would have turned the kill switch or turn the key" but i have to understand this all happened in 5 secs or less. Oh the guy who took the wild ride owned a honda rubicon, later that week he bought a new polaris because he said that that thing had *****.

 

congrats on not being hurt, that quad deserves a pat on the seat for not getting a bent frame.

 

i agree 100%! you should think twice before going back to that place.

i'm glad noone was killed..........you are damn lucky bro!