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

[snowmanx]

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....

Exactly, when I pass, it's always on the left, and I try to make sure that the person that I am going to pass sees me before I pass. If he doesn't see me, I will follow a bit to see if the rider in front is riding "eradically" or not.

As you said, guy in the front ALWAYS has the right away.

 

[Powderhound]

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....

x 2

 

[prox18]

tough to say who was at fault, from my experience with 2 vehicle accidents there is always at least 2 stories,sounds like there should be a few witnesses as well. Irregardless of fault I'd say you were at least 1/2 responsible before even hearing from others that witnessed the incident just for not having insurance, you said you could'nt afford it but I don't think you can afford not to have it. If you can't afford to fix your own sled with out it how would you suggest affording paying for something if you were the one that hit someone else, or caused personal injury to yourself or someone else.

 

[ADRENALINE]

I'd have to say its 70-30, but Im not a lawyer. I would think court is a waste of time and money. I always look before going up a bank, and the guys I ride with have the same respect....in either position 1st or 2nd. Rules of the road.....pass on the left.

 

[Wheel House Motorsports]

Sorry, but I see this as pretty one sided, there is really no reason to pass on the trail if its your group, especially on the right, your all going the exact same place. you dont pass on the right. We are all tought that by driving every day, and that reinforces it in our brain, its no different when on sleds, actually, we should obey it more, there faster, and less protective.

i think a lot of people didnt read the first post, his buddy admited it was his fault and hes was being a dumba$$

but like a bunch have said, court is a pretty big joke, I would really try to work something out with him. does he have something you could "borrow" until he figures out what hes doing with his payment plan?

 

[ragincajun]

Sorry, but I see this as pretty one sided, there is really no reason to pass on the trail if its your group, especially on the right, your all going the exact same place. you dont pass on the right. We are all tought that by driving every day, and that reinforces it in our brain, its no different when on sleds, actually, we should obey it more, there faster, and less protective.

i think a lot of people didnt read the first post, his buddy admited it was his fault and hes was being a dumba$$

but like a bunch have said, court is a pretty big joke, I would really try to work something out with him. does he have something you could "borrow" until he figures out what hes doing with his payment plan?

thanks, i am hoping to find out if it was a county road or something becasue it was as wide as a county road. i know court is alot of trouble but after all the BS he has been feeding me for the last month and a half im fed up with it. the court can garnish wages, put a lean on property etc so i will get my money one way or another...just might take longer. like i said. i have been more than willing to work with him but he has made no effort to work something out or do something about it. thanks for all the opinions guys

 

[Wheel House Motorsports]

yeah, seems like now its more on principle, which, is what its all about.

and by borrow, well, yeah, get even.

 

[jafraune]

Just from my outside prespective:

1. It sounds like this joker was not a friend at all in the first place; it sounds like you knew him from other mutual friends in the riding group. I don't think I would ever take a friend to get something notarized saying that its his fault. And if the other riders support your case without a doubt, there is no friendship loss with this trash of a person.

2. Doesn't he have a signed document saying he is at fault??? That should be the end of the story. To me thats like someone admitting murder half way through a trial and then saying nevermind I was kidding around.....

3. I know what is like to work through college to support your self so you can go sledding. I was consistantly running on 'ends meat' during college because of my sledding habits...and I believe 100% you should have your sled fixed by this joker. This is the problem with so many people today, just have no common sense. Remember this "your true character comes out when adversity strikes" I think we can all see his.

 

[Mafesto]

He was coming from behind, so it is expected that he would be responsible for making a safe pass (either side).
Just because you were in front he cannot expect you to "hold your line" while he passes you.

So I say the mis-hap is his fault.
He was un insured....also his bad.
You were uninsured...., that be your bad.

I think you want to get a warm fuzzy by saying the circumstance you are in was 100% his fault.
It's not. You are also guilty of riding without insurance.
That is stupid & you know it.
You're lucky that all that is at stake here is repairing your sled.

Fix your sled & confront him ( with some of the guys that were there that day)
Tell him what it cost & ask him what would be fair.
If he totally bails on any financial responsibility......
well chalk it up as tuition to the school of hard knocks. Trust me, it won't be the last time.

 

[Ollie]

Wow, there sure are a lot of guys with loads of cash to toss around.
No offense but, why the heck should he suck it up and eat it?
If the guy doesn't pay, take him to court and make him pay.

Also, how does the fact he didn't have insurance make the accident any more of his fault?
Should he have insurance?
Yep, no doubt about that. However, if he was at fault he would pay for it out of pocket. The guy that hit him had no insurance, therefore he should pay up out of pocket. That is the price you pay for not having insurance.

But the arguement that it was partly his fault for not having insurance is bogus.

 

[0007]

The safety of a Pass is with the Passer
If you hit someone while going by them it's pretty much your fault unless there's a real obvious fault by the Passee

 

[capen4]

I moved to colorado 2 years ago last winter a very good friend let me ride his sled for most of the year and years I wrecked it once broke the windshield and bent the handle bars really good but I was able to do a magic and straighten them I told the guy I was willing to buy a brand new set and replace them for nothing I also bought him the new windshield that he wanted not the stock replacement.
I the guys a guest and ist a regular rider imagine if that was a rental he would have bought both sleds that got wrecked so.
The idiot doing the stupid and unsafe pass should do all the paying and I would take him to court if needed you have a signed contract that was noterized any judge would award on your behalf.

would like to know the out come if possible please.

 

[Mafesto]

Also, how does the fact he didn't have insurance make the accident any more of his fault?

Re-read my post.
I never said that. In fact, here's my words..."So I say the mis-hap is his fault." (other guy)
I did state that the circumstance he is in is partly his fault.
What I meant is that if he had insurance, we'd be over on "Fouled Plug" talking
about Kyle Busch's girlfriends huge titties, because there'd be nothing to see here.

 

[mobsled]

When you show the judge your notorized letter you will be done with court, he will pay, then you can breath easy. that letter is pretty much a garentee win. good luck, im going to fouled plug to see these big tittys!!!

 

[ragincajun]

So I say the mis-hap is his fault.
He was un insured....also his bad.
You were uninsured...., that be your bad.

I think you want to get a warm fuzzy by saying the circumstance you are in was 100% his fault.
It's not. You are also guilty of riding without insurance.
That is stupid & you know it.
You're lucky that all that is at stake here is repairing your sled.

Fix your sled & confront him ( with some of the guys that were there that day)
Tell him what it cost & ask him what would be fair.
If he totally bails on any financial responsibility......
well chalk it up as tuition to the school of hard knocks. Trust me, it won't be the last time.

i know i should have had insurance but it is not required by law here(it should be) i know it is stupid not to have insurance but i will be getting it next year for sure!!!

i already got it fixed paid for it myself and now i am just trying to get him to pay. he said he would take full resp. so he should.

 

[Mafesto]

i already got it fixed paid for it myself and now i am just trying to get him to pay. he said he would take full resp. so he should.

Sure he should.
But will he take full responsibility? It sure sounds like he will not.
Would he cough up for some of the cost? While that may suck, it may suck less than going through the courts, & like it or not, some will view you as a dick for going to court.
(don't throw stones at me everyone, the kid asked our opinion & that's an honest opinion)

 

[jafraune]

Come on people.....this is just stupid in my eyes. Its like everyone hides behind insurance, or he should have done this or that, could have did nothing, if his parents never met he wouldnt have been there so no accident would have happened blah blah blah....
In my eyes, the fault is the one that was acting like an idiot (a la passing on the right side, in his own group down a trail). Insurance or not the idiot owes money for acting like it.

 

[Killerk]

I actually asked a ranger that very question.
He stated to me that when ON THE TRAIL, the rules are the exact same as when you drive a car on the road, they can ticket you for the exact same things when sledding on the trail as when driving your car on the road.

If its the main trail/summer road, then it is this way in Utah also... Highway vehicle rules apply, and there is a speed limit for said trails.
My dad had a similar thing happen... First of day, heading up the trail, I and my brother get past a stretch in the road, and imediately after, my dad gets on the radio and says there has been an accident.
An underage kid had come up from the creek onto the road... My dad had no where to go and they hit.
The first thing my dad did was make sure everyone was ok... He very easily could have hit the kids leg, but didn't.
After that he and I beleive his dad, somewhat admitted fault and exchanged numbers.
After the fact his mom was upset and didn't want to pay for my dads sled... Things got ugly so he took him to court.
My dad had the right of way and the kid was at fault... There is a speed limit and the kid tried to say we were all speeding.
The judge in a way reprimanded the kid and said that if what he said was true, the damage would have been much more seveir and also that there most likely would have been life threatening injuries due to the speed at which the kid said we were going.
I beleive he was on a borrowed sled, so he had 2 sleds to pay for.
His dad was very cooperative, and his mom almost was found contemp of court.
In the end his parents had to pay... He and his dad talked to us outside of court and apologized as his mom was livid.
Had this not have been on the road, they each would have covered their own repairs.
I think that you should find out if it was the main trail.
With that and his notorized confession I think you will be fine in court.
For those that say you may loose a friend, he is no friend in my book!

 

[rockin rmk]

he passed you on the wrong side its his fault he should pay

 

[coopchute]

It was definetly the other guys fault. for sure. Plus what kind of friend screws you over for a couple grand, changes his story, and says your the one who's lieing. Sounds like a pretty shady friend if you ask me."YOU FIND OUT WHO YOUR FRIENDS ARE"