I still maintain that any vehicle manufacturer should not have an "ABS" icon/light/indicator on a vehicle if that particular vehicle does not have that important safety feature, for exactly this reason. Cars, bikes or trains - if there's no antilock braking system, then by God there should not be a hint of it on that vehicle's dashboard.
Guys, just because something is the way it is, does not make it right. It makes it cheap to manufacture HD instrument clusters [to put an "ABS" light on all of them], it doesn't make it right.
And I'm still not stating that the manufacturer is at fault in this accident, only that it is wrong of them to include an icon on the dash that could lead a driver to believe that the vehicle had certain - and this is the important part - SAFETY features, that it in fact does not have.
You know, it's different if the thing had a light for heated grips, when the bike doesn't actually have heated grips. Who give a sh*t if it has heated grips LIGHT on the dash, but no heated grips? That won't have bearing on the outcome of a sudden-stop situation like an ABS system would.
Either way a sad outcome for someone who was innocent in it all, the passenger.
I also saw a comment here regarding the helmet type the passenger was wearing. I think anyone can agree that a full-face helmet offers the most protection, then a 3/4, etc. on down the line.
However take it from me; I have a friend whose coworker was wearing full leathers and a top of the line full face helmet, who crashed when he t-boned a car who decided to make an illegal U-turn on a mountain road, around a blind bend. Despite his Arai (I think?), he had to have a lot of facial reconstructive surgery.
Just my way of saying, potentially the woman could have had on a full-face helmet and still ended up with brain damage. There's only so far a helmet will go in protecting you.