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Harley-Davidson held liable for accident that killed trike rider

Gillberg
Harley-Davidson held liable for accident that killed trike rider

The jury finds that faulty braking software was the cause of an accident that killed a Harley-Davidson trike rider.

Harley-Davidson has been found liable in a lawsuit related to the death of an upstate New York trike rider.

Wednesday’s jury verdict in Livingston County, New York, said the company had a defective traction control system that contributed to or caused a fatal crash, according to Paul Edelstein, attorney for plaintiff Harold Morris, whose longtime partner Pamela SinClair was killed in the June 2020 crash in western Pennsylvania.

The system’s software malfunctioned, causing 75-year-old Morris to lose control of his three-wheeled motorcycle and veer off the road. He was seriously injured, while his passenger SinClair (63) succumbed to her injuries.

In 2019, the same malfunction occurred, leading to an accident, according to Edelstein. Morris and SinClair were injured in that accident, but their injuries were not considered serious.

The trike’s traction control, normally considered a safety feature, was mentioned in a safety recall notice filed with the National Highway Transportation Safety Administration for certain 2019 and 2020 Harley-Davidson trikes.

According to Edelstein, Morris had the trike serviced and was assured that it was safe to operate months before the fatal accident.

“The allegations were entirely consistent with the recall notice,” he said.

Harley-Davidson had claimed that Morris was responsible for both accidents.

“We disagree with the (court) decision and will appeal,” a company spokesman said in a statement to the Journal Sentinel.

The jury went beyond the question of compensatory damages and also considered the question of punitive damages, according to Edelstein, suggesting that it was seeking punishment against Harley-Davidson for its negligence.

Next, the jury will determine damages.

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