Let's set the record straight on the FREEDOM CYCLE rider death

[Trackday Guru]

Freedom Cycle was NOT doing demo rides.

The rider involved had his bike in their shop for service - it was NOT a "race bike" in the sense that we on this forum use that term - it was a CBR 600RR, and he highsided the bike by downshifting agressively losing the rear and crashing.

He wasn't wearing a helmet - and Freedom Cycle, nor any other dealership for that matter has the power (or the right) to force any rider who is picking up their own motorcycle to wear a helmet.

The guys at Freedom Cycle are devestated, not only that they lost a rider in their parking lot, but also that the various media outlets have gotten the account of what actually happened so wrong - No doubt by reporters who simply are unaware that using the term "racebike" is not the generic term for "sportbike", and that a guy testing out the repairs of his newly repaired machine is not a "demo" ride in the same sense that we (riders) hold that term in.

If Freedom were holding actual demo rides, and they have done so in the past, they would ABSOLUTELY require helmets to be worn, waivers to be signed, and have a general knowledge of a rider's abilities before allowing them near, much less ON, a machine. This is NOT a small dealership that doesn't care about their customers, or that doesn't know what they are doing. They have built their reputation in this community via hard work, customer service and community involvement.

Freedom has no liability in this accident, however tragic though it may be, and should not be looked upon negatively by any of us, especially those who are quick to post with more opinion than fact.

I should probably state that I am NOT an employee of FreedomCycle. I simply have built a relationship with that dealership over the past 20+ years that allows me to know each and every one of those guys. I have been in the shop since the accident, and I can see the looks on the faces of the people that work there.

So let's all take a deep breath, and concentrate more on the family that has lost a loved-one, than to judge a dealership that had no control whatsoever.

Thanks - Mike

[gumby]

Thanks... this certainly clears the confusion and misunderstanding the media created in their haste to report the tragedy.

[JettaJayGLS]

Cheers. Well said.

[Trouble]

Thank you. RIP to the rider.

[Degsy]

Wirelessly posted

A couple of points. No one said it was a demo ride. It was reported that it was a test ride and you just confirmed that.

And freedon cycle absolutely has the right on their property to insist that someone riding on it wears a helmet.

I'm not saying its right, but if there is a insurance payout of some sort, there is a good chance the jnsurance company will go after anyone they can to recover costs. There are many factors that could affect whether the dealership has any liability. I don't believe them being "good guys" or you being a long time customer will prevent an over-zealous liability lawyer from persuing a claim.

[WordTooYoMamma]

Wirelessly posted (Infuse)

Wirelessly posted

A couple of points. No one said it was a demo ride. It was reported that it was a test ride and you just confirmed that.

And freedon cycle absolutely has the right on their property to insist that someone riding on it wears a helmet.

I'm not saying its right, but if there is a insurance payout of some sort, there is a good chance the jnsurance company will go after anyone they can to recover costs. There are many factors that could affect whether the dealership has any liability. I don't believe them being "good guys" or you being a long time customer will prevent an over-zealous liability lawyer from persuing a claim.

There is absolutely no way they could enforce a shop rule of helmets to be worn on their land. Especially in new hampshire.
Every autozone I have ever been too is not allowed to have people work on their cars in the parking lot,signs up and everything. I have seen as much as a cherry picker lifting an engine in their lot. Hopefully you get the point. People are going to do what they are going to do.
Hell I almost highsided at Ted Duncans halloween party with my halloween costume on. Maybe Ted should have had a rule enforcing costumeless riding.

[Garandman]

Dealernews

Publish Date: Sep 25, 2012
CONCORD, N.H. – Authorities are investigating the death of a man who was injured last week while test-riding a motorcycle on the dealership's property.

Police say Douglas Cook, 42, of Concord died Sept. 23 following the accident Thursday at Freedom Cycle. Police were called to the dealership Thursday afternoon on a report that a motorcycle had crashed in the parking lot and that the operator was injured.

“Upon arrival, police officers learned that an adult male had been test-riding a motorcycle in the parking lot when he apparently lost control and crashed,” according to a police press release. “Witnesses confirmed that no other vehicles were involved in the accident.”

Lt. Timothy O’Malley, the commander of the Criminal Investigations Division for the department, told Concord Patch that Cook was not wearing a helmet at the time of the crash. New Hampshire does not require adult riders to wear helmets.

Subsequent reports indicated that Cook was riding his own motorcycle which had been at the dealership.

"The customer came to our store and picked up his bike. On his way leaving our property, he went around a corner, lost control of his motorcycle, fell off his motorcycle, and suffered a serious injury," said dealer principal Rupert Dance. Dance said he was not at the dealership when the incident happened.

Cook was taken to Concord Hospital for treatment of a head injury, and later transported to a regional hospital. The Office of the Chief Medical Examiner notified police that Cook died Sunday from the injuries he sustained in the accident.

Police are still investigating. Dealernews will publish an update when the police investigation is completed.

Freedom Cycle is a 2012 Top 100 dealership.

[SteveM]

I cannot see where Freedom has any negligence, but having spent 20 years in construction, with responsibility for resolving all WC and GL claims, I can guarantee you that they will be sued unless Mr. Cook's family says no.

I would imagine their phones began ringing from lawyers within 24 hours of the reports, even prior to Mr. Cook's wake or funeral.

With all this information now in, my heart goes out to the family and the folks at Freedom. If you have ever been part of a workplace fatality, you know how devastating it is no mater who died or how.

Sad all around, I agree that this thread should leave the blame pie and other debates for other places.

[Evadd]

Thanks for the additional information. I hope the dealership comes out unscathed from this and that the family doesn't go after them (assuming there was nothing wrong with the bike after he picked it up).

[nhbubba]

I could completely understand Freedom's position regarding the media reports. It's incredible how misleading the reporting of this story has been.

[OreoGaborio]

Please don't turn this one into a shitshow guys, there's already a thread for that.

Fully agree. Keep the BS arguments out of this thread.

[Stoneman]

Wirelessly posted

A couple of points. No one said it was a demo ride. It was reported that it was a test ride and you just confirmed that.

And freedon cycle absolutely has the right on their property to insist that someone riding on it wears a helmet.

I'm not saying its right, but if there is a insurance payout of some sort, there is a good chance the jnsurance company will go after anyone they can to recover costs. There are many factors that could affect whether the dealership has any liability. I don't believe them being "good guys" or you being a long time customer will prevent an over-zealous liability lawyer from persuing a claim.

Dude. WHAT THE FUCK?

Thanks for the update, Mike. Most of us appreciate hearing that angle. Hopefully this thread can continue on without the useless banter and conjecture the other one fell to...

[Degsy]

Wirelessly posted

What did I do wrong?

[breakdirt916]

stop degsy! stopppp!!!

[Degsy]

Wirelessly posted

I'm totally lost.

[Slyder]

Wirelessly posted

I'm totally lost.

Useless banter and conjecture. This isn't the thread to talk about lawsuits, lawyers, insurance payouts and who is going to go after who to recover money. It's meant to inform the masses with first hand info about what happened, and it's far more accurate than what we've all read in the other thread, as well as the media.

As others have said, thanks for clarifying Mike. Sorry a rider lost his life and that the people at Freedom are taking it rough. They seem to be a good bunch of guys and ladies.

[gumby]

Was at Freedom earlier today for their Sledfest/Open House.
The emcee for the Rave X team asked for a moment of silence for Mr. Cook during their performance... truly a thoughtful gesture.

[RandyO]

Wirelessly posted

I'm totally lost.

shit happens

[Stoneman]

Wirelessly posted

What did I do wrong?

I shouldn't have singled just yours out, there were a couple of 'em. Just asking that we leave that stuff outta this thread...

[KB]

This is not the first incident at Freedom!

KB

[RandyO]

This is not the first incident at Freedom!

KB

the list of dealers that have had customers crash onsite or immediately leaving would be endless

[mzdagrl]

Thank you, mike. I also was at freedom on Saturday for the open house, and it was just as I thought it would be - a bunch of people being excited about motorsports. Freedom has always been my local dealership, and I will continue to shop there. Thoughts to the man's family and the guys at Freedom during this hard time.