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      01-08-2010, 10:59 AM   #45
Mark M
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Quote:
Originally Posted by Hawkeye View Post
I would say you are a tool if you sue BMW for the airbags not opening. You walked away from driving off a cliff, 400 feet and tumbling with no major injuries. That is a very safe vehicle any way you put it. If you got hurt more or something bad happened because they didn't open then go for it but if you just want to do it for the money you're a pretty good example of what is wrong with society today.

Agree 110%. Firstly the OP does not convey a depth of experience or education. Most experienced drivers always keep up with situational awareness and use that data as input to driving decisions. Knowing there were severe cliffs around me, I would NEVER swerve to avoid an animal. Nine times out of ten, you are better to hold your course, brake hard, and impact the animal than trying to do some crazy evasive manuver. Second, education, I've always beleived that if you want people to take you seriously, you have to act serious and professional yourself. Do us a favor, objectively read over your first post. Do you feel it was written in such a way that would cast yourself in the best light?

Just saying. And yes, you are very lucky to be alive. Count your blessings for that. The car did save you. Don't go seeking a lawsuit.
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      01-08-2010, 01:30 PM   #46
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First of all, congrats on surviving that. And I hope you at least got a some after all that.

Now on to the legal stuff, (I'm not a lawyer, but I do work in a law office and I'm in law school) I think that if you sue BMW there is a slight possibility you might win some money, or they might pay you just to close the case. However, you should know that BMW has very deep pockets - which means a legal team on par with the Yankees. If you (or your lawyer) can't prove the airbags would have reduced your injuries, then you WILL lose the case, and you will probably have to still pay legal fees. If a lawyer doesn't take your case on a contingency, he/she probably doesn't believe there is much of a chance in getting any money. Plus, if BMW's legal team were to search this forum, find your thread, etc... you'd be screwed, and they might even counter-sue.

I'd say be happy you survived. BMW might have saved your life, you shouldn't hassle them bc of the airbags unless they actually would have helped you. And it's been my experience that airbags usually hurt you more.
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      01-08-2010, 02:36 PM   #47
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Suing is a stupid idea. From what you say, you had your right arm across your passenger to brace her. If her front aribag had gone off, it would have shattered your arm and messed her up pretty badly. The front bag didn't go off because there was very little front impact. There is no way you would win a suit.

You should instead be working on a thank you letter to the engineers in Munich that saved your butts.
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      01-08-2010, 03:04 PM   #48
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I'm glad you're ok!

I was hit by a car once, but I wasn't in a car. Only scrapes and bruises, the body can withstand some incredible punishment.

Also, I would have ruined those animals... Sorry PETA
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      01-08-2010, 04:20 PM   #49
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Front airbags are designed to go off ONLY in frontal collisions, and only when the impact is high enough to warrant them (meaning the seatbelt alone isn't enough to prevent you from hitting the steering wheel or windshield). If they had deployed during the car rolling over, and then it had managed to turn and flip end over end and have an actual frontal collision, they wouldn't have been doing their job. This car performed exactly as it was designed to.

Also....35mph..really?
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      01-08-2010, 04:37 PM   #50
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holy shit!!! glad youre both ok!
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      01-08-2010, 05:06 PM   #51
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omg... thanks to BMW.....
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      01-08-2010, 05:45 PM   #52
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I really don't understand this 'suing' thing for this accident. You said you walked away from the accident, pretty much no worse for wear. What exactly are you going to sue them for?

If you didn't break anything, didn't suffer anything long lasting, you're pretty much SOL.

And heaven forbid you win for a freak reason....you could actually end up killing someone long term. (think standards for air bags change and they go off even in accidents where they in no way should, turning into snapped necks, etc)
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      01-08-2010, 07:20 PM   #53
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that's a dead-man drop. you were blessed!!!
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      01-08-2010, 07:54 PM   #54
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wow.. start playing to lottery man
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      01-08-2010, 08:26 PM   #55
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OP, nothing else really compares to still having your life. And that should be the only thing in your mind that matters.
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      01-08-2010, 09:29 PM   #56
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You should right a REALLY nice letter to BMW and thank them!
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      01-08-2010, 10:19 PM   #57
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Quote:
Originally Posted by M3KILL3R View Post
hmm honestly...the second i went off the ledge i slammed my right arm back towards her chest to hold her in place and said hold on. after that it was an out of body experience...like everything was 3rd person to me...
after we landed and i made sure she was okay i turned around and told her ," so u like the view?" loll

and im leaning towards a C63 right now, but not sure yet...

i have one question tho... u guys think suing bmw for the air bags not opening is a good idea and will go through? because the front ones or the passanger side ones didnt open...
What is this, the plot of Jason Statham's latest movie or something? "Hahaha mega car crash of a cliff let me drop a quick funny!"

Quote:
Originally Posted by Mark M View Post
Agree 110%. Firstly the OP does not convey a depth of experience or education. Most experienced drivers always keep up with situational awareness and use that data as input to driving decisions. Knowing there were severe cliffs around me, I would NEVER swerve to avoid an animal. Nine times out of ten, you are better to hold your course, brake hard, and impact the animal than trying to do some crazy evasive manuver. Second, education, I've always beleived that if you want people to take you seriously, you have to act serious and professional yourself. Do us a favor, objectively read over your first post. Do you feel it was written in such a way that would cast yourself in the best light?

Just saying. And yes, you are very lucky to be alive. Count your blessings for that. The car did save you. Don't go seeking a lawsuit.
Completely agreed with this, well said. If only more people shared this opinion and exercised it more often.


In all seriousness, I am very glad you and your friend are both relatively unharmed. Consider yourself lucky, count your blessings, and get well soon. Your experience is a testament to the safety of the car, and you should be writing BMW a thank you letter for building a quality steel box - not suing them.
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      01-08-2010, 10:31 PM   #58
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Just wow. You're lucky. Dont sue, trust me. Just be happy BOTH of you somehow survived. Car can be replaced, so try not to think bout it too much.
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      01-09-2010, 12:12 AM   #59
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LOL I just now noticed OP's "M3KILLER" username
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      01-09-2010, 01:28 AM   #60
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glad ur ok, very lucky
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      01-09-2010, 01:42 AM   #61
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you are very lucky. Thats a good idea of taking dates hehe.
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      01-09-2010, 04:53 AM   #62
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Glad you and your friend are among the living. I agree with everyone else regarding the airbag issue: The car worked as designed, the car deployed the needed airbags only and I'm sure BMW could prove the same. Hell you walked away, that's proof enough. Good luck with whatever car you choose next. Personally I'd talk with BMW, I'm sure they would be willing to use your story as a testament to their safety features.
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      01-09-2010, 07:08 AM   #63
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You are very lucky. Be thankful for that.

As to the sueing idea.. don't push your luck.
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      01-09-2010, 11:36 AM   #64
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I would recommend that you sue. However I would change the defendant to your left/right foot for not getting on the brakes soon enough. 35mph? I could measure how long it would take to stop from 35mph with my cock. Might take awhile, but I could. Either way, your an idiot for even thinking about suing after walking away from that.
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      01-09-2010, 11:59 AM   #65
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Quote:
Originally Posted by WERND View Post
I would recommend that you sue. However I would change the defendant to your left/right foot for not getting on the brakes soon enough. 35mph? I could measure how long it would take to stop from 35mph with my cock. Might take awhile, but I could. Either way, your an idiot for even thinking about suing after walking away from that.
This thread just keeps getting better and better...
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      01-09-2010, 03:11 PM   #66
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There's a saying that goes "don't drive faster than your angel can fly". So good thing you were only doing 35mph.

But yeah glad you guys are okay man!! Things like this make me realize that life is unpredictable and you could be gone any moment so don't ever take it for granted. I mean never in your wildest dream would you imagine of getting into such wreck at 35mph.
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