***what is your opinion? who was at fault? i need some help!!!***

[ragincajun]

ok so here is the deal. on saturday march 14th some friends and i were sleddin and headin back to the truck. i was on the right side of the road about 5 feet away from the bank on my right side. i had been hitting the bank all day like everyone else does. there was one guy behind me who was a about 10'-15' to the left or the berm and a little further back was another guy behind him. the guy in the back decided to pass the guy in front of him ( the middle guy) on the RIGHT side and when he was going to pass me on the right side (in a narrow opening 5 feet wide) at that time i turned right to hit the bank like i had been doing all day when he hit me. he skipped off my tunnel squishing my leg and ended up taking out everything on the right side from the foot well forward (nun and all). he was on a borrowed sled and the only thing that happened to it was a bent tie rod. he said on the spot it was his fault and that he would pay for it. i told him that night that i was going to write up a contract saying that he was at fault and he agreed. the next monday afternoon march 17th we went to the bank and got it signed and notorized and he was fine with it and was totally cooperative. now he is backing out over a month and a half later and changing his story saying that i was on the far left side of the road and that i swerved in front of him and that now he believes it was not all his fault. i have a witness and the real story is that i was like 5 feet away from the berm. my question is who was at fault? you are suposed to always watch the guy in front of you right? you dont pass on the right unless they are on the other side of the trail and are sure they wont jump to the other side right? what do you guys think? unfortunatly i now have to take him to small claims court becasue he wont pay up. does he stand any chance in court? sorry this is so long but i need some more opinions. and no i did not have insurance...that is a whole different story but now i have FULL coverage so lets not go down that road.
thank in advance!!!

 

[ragincajun]

hope that all makes sense. im not too good at getting things in my head through my fingers and into the computer.

 

[Bubba700]

Either way, didn't we hash this out in Fouled plug a bit ago?

Way I see it, your screwed a little no matter what. You loose your out the costs of court plus the sled, your friend, and most likely your riding group. You win your out your friend and maybe your riding group. Looks like the cost of repair bills must be worth more than your friend's friendship and the relations that you have with your riding group.

 

[ragincajun]

yes we did but that was about how i could cover my a$$ not who was at fault. he was the one who screwed the friendship by spewing lies for the last month and a half about this whole thing and up to about 3 weeks ago i was friends with him but then i found out all the things i was told was a bunch of bs. and he has been runnin from me since about 3 weeks ago. ignoring calls, not cooperating not wanting to discuss the whole situation etc. i will not lose a riding group, they are all on my side. he was a guest that day so he isnt out a riding group either...just about 6 friends though. im just sick of this going nowhere and im about ready to let the judge decide. if he rules in my favr...great...if he doesnt...o well.

 

[One]

Way I see it, your screwed a little no matter what. You loose your out the costs of court plus the sled, your friend, and most likely your riding group. You win your out your friend and maybe your riding group. Looks like the cost of repair bills must be worth more than your friend's friendship and the relations that you have with your riding group.

Friend? Riding group? The dude that hit him sounds like just another rider on the hill, and if he WAS a friend I wouldn't give a f*** if I lost him through a trial after he pulled some BS like that. Would you keep a friend that did that to you?

 

[BowSheet]

The story made sense to me.

I think the other guy is mostly at fault. I saw "mostly" because often in these types of cases there is "shared responsibility" of fault. From what you describe, I would think that he is 90% at fault for passing on the right(!), not controlling his speed and riding like a douchebag,-that is, without regard to safety.y
You are 10% at fault by not keeping your hands at 10 and 2 and going straight down the trail.-(ya we all do it)

If you go to small claims, make sure that he the other party will abide by the decision. I'm not sure about Montana, but in many states small claims court decisions have little or no power of enforcement. I recommend that you check with the court to see what the story is.

 

[ragincajun]

i have already checked on court stuff. i cant take him to small claims if it involves damages or repairs so i have to file a civil lawsuit :s

 

[ragincajun]

Friend? Riding group? The dude that hit him sounds like just another rider on the hill, and if he WAS a friend I wouldn't give a f*** if I lost him through a trial after he pulled some BS like that. Would you keep a friend that did that to you?

things like this show who your true friends really are and their real side....

 

[Mcx Nytro]

things like this show who your true friends really are and their real side....

That is a fact!!!

 

[Scott]

Keep working on it Hayden.

 

[Ollie]

He hit you.
He tried to pass on the wrong side.
Pretty straight forward.
I would say go for it. Just make sure you add court costs into the suit.

 

[rynokron]

Tough call. If it was me who caused the wreck I would pay up. I would not be surprised if someone else did not. Suck it up and move on. Find better guys to ride with.

 

[ragincajun]

He hit you.
He tried to pass on the wrong side.
Pretty straight forward.
I would say go for it. Just make sure you add court costs into the suit.

yup got that covered too. he wants to go talk to some dam neutral mediator from the snowmobile club to see who they think was at fault. but i was stupid and let them drag it out and agreeing to it. i probably shouldnt have agreed to it and just hauled him to court. its his last chance.

 

[DWHalverson]

Ride on the right, pass on the left. If he was going to pass on the right he should have put more distance between the two of you. Regardless of where you were in your turn to the right, it sounds like he was still too close.

 

[bullfrog123]

He hit you.
He tried to pass on the wrong side.
Pretty straight forward.
I would say go for it. Just make sure you add court costs into the suit.

Not to be a jackazz.....but is there actually a written law on where to pass on a sled trail

Never heard of one, hence the reason I ask. I know there is an unwritten law of sledding amongst us but...................

Sorry for the probs Cajun, hope things work out without you forkin out more $$ in court and legal costs than actual repairs will be

 

[m7bandit]

thats one of the good things about sledding is theres not that many set rules or laws that i know of, just common sence. unfortunely theres alwaya gonna be someone getting someone else hurt or damaged its just part of the game, a guy has always got to expect the unexpected ya it sound like it was mostly his fault but that stuff happens so see if he'll help split the cost. if not probaly just chalk it up and be thankful noboby was hurt you can always fix a sled

 

[ragincajun]

thanks!

 

[sp_20022006]

Even if he was a newbie it is common sense not to pass on the right and that you have limited visibility with a helmet on.

If he doesn’t pay up just beat his azz, if you need help I’ll make a quick trip to choteau.

 

[AKSNOWRIDER]

no matter what..guy in front always has right of way..you dont pull up next to or pass until you are sure the frt guy knows your there....always ...............always always...period....

 

[theultrarider]

no matter what..guy in front always has right of way..you dont pull up next to or pass until you are sure the frt guy knows your there....always ...............always always...period....

Agreed. But, To me, it is not worth the time and trouble and heartburn to keep fighting over it. I would man up, fix my sled out of my pocket and learn from it. Then let karma take care of the x freind and you will have more respect from those in your riding group in the long run. Good luck if you do the court route.