WJCO
Meme King
I agree with that but you don't think a dirty lawyer would spin it that way?!?! Just like being molested at the airport is for our own safety right? To protect us? Yeah shit like that would never get through a judge :naw:
How necessary is the rear sway bar?
- Thread starter Scottyjeep76
- Start date
I agree with that but you don't think a dirty lawyer would spin it that way?!?! Just like being molested at the airport is for our own safety right? To protect us? Yeah shit like that would never get through a judge :naw:
NevadaZielmeister
Caught the Bug
If any lawyer tried that, I would LOVE IT. I would have served the plaintiff with a statutory offer of compromise and after improving upon the verdict, collect all of our fees and costs. Payday for the defense baby!!
MR.Ty
Token East Coast Guy
So if the lack of a sway bar (a factory installed item installed to prevent sway and loss of control) caused the loss of control isn't that breach? The loss of control would have been there if the sway bar was installed.
Have you never had to maneuver defensively on the highway because of another vehicle or road debris?
DWiggles
Caught the Bug
Pro- less weight (5lbs? maybe?) :idontknow:
Con - Less intelligent friends, shifting down the social circle, Wasted time and effort, increased body roll, unsteady under heavy braking, looking like an idiot, etc
:hmm:
you should give it a go! :cheesy:
sipafz
Caught the Bug
Yes!
Maybe not, for the case as you describe. That I submit. Let's imagine that your driving along with sway bars disconnected or missing and someone pulls out in front of you, of course your turn to avoid, but can't. Is the accident your fault? Of course not although you will shoulder some of the blame just for being there. Now an investigation turns up the ugly truth about disconnected or missing parts. Guess what, now you're liable for more, because any lawyer worth his salt will be able to show negligence.
I personally don't care what this guy does in the end. He asked for advice and I simply gave him something to consider.
That being said, I would never remove mine. I believe that increased body roll = less stability at highway speeds. This is a fact!
Frydaddy
New member
I know XJs are a different animal, but they dont even come with a rear sway bar, unless they had the towing package. Would that have something to do with the leaf springs?
Now front sway bars are extremely critical. A friend of mine removed his and wouldn't take my advice to put it back on. We don't talk much anymore.
Edit: I just read those other two articles. Wow, yea i don't think its worth any risk. Leave em on if you can.
Now front sway bars are extremely critical. A friend of mine removed his and wouldn't take my advice to put it back on. We don't talk much anymore.
Edit: I just read those other two articles. Wow, yea i don't think its worth any risk. Leave em on if you can.
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NevadaZielmeister
Caught the Bug
Right, the removal of the sway bar could contribute, but that is not the sole reason. Let's look at the elements of a negligence action:
http://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html
The duty that you are referring to is the duty to maintain control of your vehicle, which is the first element. This can be achieved many ways and the failure to maintain that control is the second element, the breach itself is the loss of control. This is handled many different ways depending on your state. The CHP lobby in California will cite that as VC 22350 - Unsafe speed for conditions and they right a lot of speeding tickets with this vehicle code. The mere fact of the missing sway is immaterial because you breached the primary duty of maintaining control of your vehicle. The way to overcome the lack of a sway bar would be to just drive slower or be a better driver, right? So does it make sense now that the sway bar is not the issue, the actions of the defendant breaching their duty is.
Please do not misconstrue what I was saying, as I certainly was not saying that anyone should operate their Jeep without a sway bar on a freeway. The issue I wanted to make clear to everyone is that the sway bar itself is not the sole reason for a negligence case. That is all.
NevadaZielmeister
Caught the Bug
This has never happened in my experience nor have I ever heard of this happening. And again, in your analysis, you are wrong.
People as they live their lives are allowed to assume that others will obey the law. This is the cornerstone of a proper society. We are not required to go around and live our lives as if we are going to accept liability for others' wrongful actions. In your example, the driver who pulled out was the primary cause of the accident and there would be no comparative negligence just because you could not swerve to avoid. Let's say that I was pulling a trailer and couldn't slow in time, would I be comparatively at fault because I was pulling a heavy trailer and was unable to stop as well as another more nimble sedan? Of course not.
You are correct, this is fact and on this, we can agree.
NevadaZielmeister
Caught the Bug
cav♤fighter;762305 said:
Welcome to Wayalife.. right?
That's funny. I apologize for being so up front. I know very little, but when we talk guns or the laws of negligence, I get into it a bit much, I admit.
jeepsterchris
Member
I can't believe I just read this whole thread....
Red Knight15
Caught the Bug
Me too......
2007 JKU CANADA
Hooked
ME x3 .......
JeepFan
Hooked
piginajeep
The Original Smartass
Scottyjeep76
New member
A guy in my Facebook group asked about it, and a couple guys said their not running it anymore.
Mines firmly in place...and is gonna stay that way!
Scottyjeep76
New member
Wow, lots of great opinions on this post.
Thanks for the responses!
Thanks for the responses!