i'd say an angel was watching over us both...

Mark M · 01-08-2010, 10:59 AM

Quote:

Originally Posted by Hawkeye

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.

Beau · 01-08-2010, 01:30 PM

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.

JohnnyRoaster · 01-08-2010, 02:36 PM

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.

CSanto · 01-08-2010, 03:04 PM

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

jeremyc74 · 01-08-2010, 04:20 PM

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?

MCMLXXXIX · 01-08-2010, 04:37 PM

holy shit!!! glad youre both ok!

EHbavarian · 01-08-2010, 05:06 PM

omg... thanks to BMW.....

Freakazoid · 01-08-2010, 05:45 PM

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)

cagekicker · 01-08-2010, 07:20 PM

that's a dead-man drop. you were blessed!!!

Gavin@MMW · 01-08-2010, 07:54 PM

wow.. start playing to lottery man

Nawaaz · 01-08-2010, 08:26 PM

OP, nothing else really compares to still having your life. And that should be the only thing in your mind that matters.

SlickShift · 01-08-2010, 09:29 PM

You should right a REALLY nice letter to BMW and thank them!

jopa489 · 01-08-2010, 10:19 PM

Quote:

Originally Posted by M3KILL3R

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

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.

hks786 · 01-08-2010, 10:31 PM

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.

FStop7 · 01-09-2010, 12:12 AM

LOL I just now noticed OP's "M3KILLER" username

icyunv · 01-09-2010, 01:28 AM

glad ur ok, very lucky

dragon1761 · 01-09-2010, 01:42 AM

you are very lucky. Thats a good idea of taking dates hehe.

Kamando · 01-09-2010, 04:53 AM

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.

ooowowizstev · 01-09-2010, 07:08 AM

You are very lucky. Be thankful for that.

As to the sueing idea.. don't push your luck.

WERND · 01-09-2010, 11:36 AM

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.

jopa489 · 01-09-2010, 11:59 AM

Quote:

Originally Posted by WERND

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...

BMW F22 · 01-09-2010, 03:11 PM

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.

01-08-2010, 01:30 PM	#46
Beau Enlisted Member 1 Rep 34 Posts Drives: BMW Join Date: Nov 2009 Location: LA iTrader: (0)	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
JohnnyRoaster Captain 45 Rep 959 Posts Drives: 09 Jerez Black M3 Sedan Join Date: Nov 2008 Location: Outside Beantown iTrader: (0)	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
CSanto Brigadier General 652 Rep 3,039 Posts Drives: 2015 BSM/SO M3 Join Date: Feb 2009 Location: New York iTrader: (3)	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
jeremyc74 Banned 79 Rep 5,970 Posts Drives: '08 135i Montego/Terra Join Date: Feb 2008 Location: Evansville, IN iTrader: (0)	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
MCMLXXXIX wat 241 Rep 3,406 Posts Drives: a gr3at whit3 5hark Join Date: Oct 2008 Location: Oct 2008 iTrader: (0)	holy shit!!! glad youre both ok!
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01-08-2010, 05:06 PM	#51
EHbavarian Captain 47 Rep 960 Posts Drives: e90 Join Date: Aug 2007 Location: HAMPTONS iTrader: (0)	omg... thanks to BMW..... __________________ 2006 e90 jet black- SOLD 2004 E46 M3 white-SOLD currently driving a 2004 infiniti g35 coupe 6mt w/ single turbo by turbonetics / d.p, forged pistons, heads, exhaust system, headers, uprev tune etc etc , dynojet 470whp
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01-08-2010, 05:45 PM	#52
Freakazoid Captain 192 Rep 962 Posts Drives: Saturn Redline Join Date: Dec 2009 Location: Pittsburgh iTrader: (0)	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
cagekicker Major 16 Rep 1,335 Posts Drives: '09 crimson red 135i Join Date: Nov 2008 Location: miami (vice city) fl. iTrader: (0)	that's a dead-man drop. you were blessed!!! __________________ 6MT/ Sport Package/ N54/ Asa wheels/ Eibach pro kit springs/ Active autowerke Exhaust/ 35% tint
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01-08-2010, 07:54 PM	#54
Gavin@MMW Brigadier General 449 Rep 3,879 Posts Drives: MMW Supercharged E90 328i Join Date: Nov 2009 Location: 818/805 iTrader: (18)	wow.. start playing to lottery man
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01-08-2010, 08:26 PM	#55
Nawaaz Brigadier General 225 Rep 4,539 Posts Drives: . Join Date: Apr 2009 Location: . iTrader: (0)	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
SlickShift Lieutenant Colonel 338 Rep 1,807 Posts Drives: '11 BMW E90 M3 ZCP, '21 X5 ZMP Join Date: May 2007 Location: Atlanta iTrader: (7)	You should right a REALLY nice letter to BMW and thank them! __________________ -Nick 2018 BMW 440i - M Sport, Exec Glacier Silver Metallic/Coral Red Dakota Retired: '00 323i, '06 325Ci, '09 135i, '06 Z4M Roadster, '93 525i, '76 2002, '14 X1, '14 M235i, '16 X4, '16 435i
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01-08-2010, 10:31 PM	#58
hks786 Major General 2326 Rep 5,364 Posts Drives: * Join Date: Mar 2006 Location: UK iTrader: (0)	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
FStop7 I like cars 354 Rep 5,051 Posts Drives: M6 Join Date: Oct 2008 Location: Newbury Park, CA iTrader: (3)	LOL I just now noticed OP's "M3KILLER" username __________________ My photostream: http://www.flickr.com/photos/racelap/
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01-09-2010, 01:28 AM	#60
icyunv Captain 32 Rep 743 Posts Drives: E92,G63,CLS550,458,EVO X FE Join Date: Nov 2009 Location: Bellevue, WA iTrader: (3)	glad ur ok, very lucky
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01-09-2010, 01:42 AM	#61
dragon1761 Lieutenant 98 Rep 528 Posts Drives: 128i SGM 08; 328i AW 14 Join Date: Dec 2008 Location: Arcadia, CA iTrader: (0)	you are very lucky. Thats a good idea of taking dates hehe.
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01-09-2010, 04:53 AM	#62
Kamando Captain 57 Rep 617 Posts Drives: - Join Date: Nov 2005 Location: - iTrader: (3)	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
ooowowizstev Brigadier General 145 Rep 4,903 Posts Drives: '08 E92 M3 Join Date: Jul 2008 Location: Los Angeles, Irvine iTrader: (4) Garage List 2008 BMW E92 M3 [10.00]	You are very lucky. Be thankful for that. As to the sueing idea.. don't push your luck. __________________ '08 E92 ///M3 - AW/BLK/CF, M-DCT, 19's H&R, Vorsteiner, Eisenmann, BMC, BBS More to come...
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01-09-2010, 11:36 AM	#64
WERND Captain 79 Rep 659 Posts Drives: E92 Join Date: Jan 2008 Location: Polk City iTrader: (0)	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, 03:11 PM	#66
BMW F22 Major General 3724 Rep 9,783 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	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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