Jump to content
Note to New Members ×

legal issue


canuckcarver

Recommended Posts

-1 For causing the accident.

+1 For admitting it.

I can't imagine this thread causing to many problems at this point. Fault has already been plainly established with the incident report.

I suppose you could try to outdo them by hiring a bigger lawyer. I would worry more if they are from the same country this happened in. Sell a board and use the proceeds to talk to lawyer for an hour or two. Personally it was the best $300 I ever spent.

Lorddrek

Link to comment
Share on other sites

You know sometimes we make mistakes and our obligation is to own up to them. Most of you guys should be ashamed of yourselves. This is the same kind of thing you'd be obsessing if it happened to you, or your kids.

I know about the lawyer thing, but it's the right thing to do.

Some of you guys are not exactly showing what responsibility is all about. I bet some of you guys are calling for the heads of the CEO's that got us into this financial mess, and look what you're advocating.

Link to comment
Share on other sites

You know sometimes we make mistakes and our obligation is to own up to them. Most of you guys should be ashamed of yourselves. This is the same kind of thing you'd be obsessing if it happened to you, or your kids.

I know about the lawyer thing, but it's the right thing to do.

Some of you guys are not exactly showing what responsibility is all about. I bet some of you guys are calling for the heads of the CEO's that got us into this financial mess, and look what you're advocating.

Wow! I didn't have the guts to say it first. I am a dad and you bet, how furious I'd be if somebody (skier or boarder) crashes into my son.

Also, I do agree, for everybody's sake, and the peace of theis forum, moderators, please delete this thread.

M.

Link to comment
Share on other sites

"you have the right to remain silent" even a cop will tell you that! I'm not ashamed to tell a fellow boarber to do the same better to dig your way out of a small hole rather than a deep one . I assume this incident took place will no criminal intent therefore the best way to handle it is by being truthfull not stupid! get a lawyer.:argue:

Link to comment
Share on other sites

Honestly I didn't see anyone say anything about responsibility--avoiding it or otherwise. The sad fact is that the law has little or nothing to do with right or wrong. Its about what a lawyer can convince a judge or jury about you, and what kind of acceptable deals can be worked out for the involved parties.

Its for that very reason that, even if you are completely innocent of something, you never talk to law enforcement or fellow participants in a civil matter without a lawyer present or providing you with advice. Any good, moral, qualified lawyer will tell you the same.

And yes, I realize my own hypocrisy, posting to a thread that I agree should be deleted.

Link to comment
Share on other sites

-1 For causing the accident.

+1 For admitting it.

I can't imagine this thread causing to many problems at this point. Fault has already been plainly established with the incident report.

I suppose you could try to outdo them by hiring a bigger lawyer. I would worry more if they are from the same country this happened in. Sell a board and use the proceeds to talk to lawyer for an hour or two. Personally it was the best $300 I ever spent.

Lorddrek

No, fault has most definitely NOT been established in the incident report. The report tells what happened, not who was at fault for what happened. If the parents want to go after you, then their lawyer and your lawyer will twist that document in the ways to best serve each side of the argument. Then the judge/jury gets to decide. Right now, the parents are speaking to a lawyer to assess their options. If the broken teeth are not baby teeth, then this kid will never have a perfect mouth again. I can tell you that if it happened to my kid, AND my kid was not at fault, I would have the best lawyer that money can buy to sue for a lifetime of my kid now having permanent tooth/mouth damage.

There is no way this situation will go away without legal intervention. If I am going to be on the hook for payment to this family, I want assurances that they can NEVER come back at me again in the future if something else comes up with the kids mouth. Only a legal ruling/document can guarantee that.

It is unfortunate that you find yourself in this situation. It is what you do right now that will decide the quality of life you will lead in the future. Lawsuits can financially destroy someones life, for their whole paycheck earning life. Get a lawyer. Whatever it costs you to defend yourself will be small, compared to the financial ruin you could be faced with without them.

D.

Link to comment
Share on other sites

Thank you Eaglez for pointing out how incorrect my statement was. My 40k lawsuit I won after crashing my motorcycle into a car while speeding less than a week after being arrested for speeding and evading the police due to the driver admitting he was not paying attention because he was looking for a parking space must have been a fluke.

Link to comment
Share on other sites

Thank you Eaglez for pointing out how incorrect my statement was. My 40k lawsuit I won after crashing my motorcycle into a car while speeding less than a week after being arrested for speeding and evading the police due to the driver admitting he was not paying attention because he was looking for a parking space must have been a fluke.

Guess your lawyer was better than his. Any lawyer worth his salt would have had your questionable driving record admitted as evidence to show doubt as to who was really at fault. Ya, you got lucky. My point proven! The other thing is that your judgement came out of an insurance companies pocket I would assume. Maybe the guy you hit knew he wouldn't be out of pocket so he fessed up and accepted responsibility. The accident here will be purely paid out of the wages of this hardbooter. He should clam up and hire a shark!

D.

Link to comment
Share on other sites

well i got in to an accident the other day with a 9 yr old kid, i knew he was beside me on a toeside turn and when i came back around on my heelside he was still there so begain to try to slow down to go over top of him, i lost an edge and he went down hard . he could not have known i was there, we were side by side on a blue run , he has 4 chipped teeth and the parents called me and are expecting me pay for all the dental work. would the waiver on the back of a lift ticket stand up in a legal matter? we arent in court but i dont want it to. i feel bad enough about it i dont want to be some kind of monster in a court with a 9 yr old kid. i broke off a few square inches of his board and managed to demo mine as well. and i really dont like the way the parents are talking..

I dont understand how he has admitted responsibility. He saw the kid, but as he stated, he was beside him, and after the next turn, he was still beside him. He then started to take precautionary actions and started to slow down. We don't know the exact specifics of the accident, such as whether the slope was wide open or if he was pinned against a cliff/trees/wall.

If they were beside each other, they are both equally responsible for their own riding. Even if the other rider is a 9 year old kid, by choosing to ride on a blue run, he should be proficient enough of a rider to have control over himself. The kid's lift ticket says the exact same thing as anyone else's.

Furthermore, from knowing how us hardbooters advance down the hill(wide arcs), and from the way he tells it, I am guessing that Canuck was riding at a slower "downhill" pace, and that before the accident, the kid was uphill from him, gaining on him, and just before the accident, was suddenly beside canuck. (please correct me if I'm wrong). If this is the case, then the kid's maneuver can be called an attempt to pass canuck, in which case canuck has the right of way and the kid is passing at his own risk.

It is the uphill rider's job to pass a safe distance away from any riders, and since he was close enough to become involved when canuck caught an edge, he was obviously not doing this.

Link to comment
Share on other sites

The art of hardbooting is very foreign to most skiiers and boarders. Traversing the fall line at a high rate of speed is not something people are used to. Mr. Carver knew about young fellow boarder entering turn A turning away. I think it is safe to assume that turn B immediatly followed that brought young boarder back in sight and on a collision course. Carving harder to avoid him failed and the tip of your board probably hit the side of his. Who knows what else. A more cautious approach would have been getting more distance before entering turn B. I think telling the truth how it happened is very honorable and shows genuine remorse. I just hope this does not end up being a very costly lesson for you.

Link to comment
Share on other sites

So, I'm carving along down the slope with a lot of other people and have a collision. What next? Who's at fault?

The facts of any lawsuit are what is put before the trier of fact, be it a judge or a jury. Crap, just like what is written here, can cloud the issue for legal discovery and ultimately for a trial. Wether you jump up and say "I'm sorry" a thousand times or you jump up and shout "You hit me you bastard" means nothing - just more evidence that MAY make it to a trial.

It is ALWAYS in your best interests to consult an attorney after a incident in which someone is throwing out the word lawsuit. Always.

This talk of "manning up" and etc. may be macho, but they are not the people that are going to be working for minimum wage to pay off a $8,000.00 judgement for you. I know how that builds character, but think this over:

Little Tommy on the other snowboard also had a duty to look where he is going and be in control of what he was doing. From the OP's first posts, it looks like little Tommy was negligent.

Either this thread is a complete put on or the OP is somewhat of a moron by not deleting it. As an attorney for Little Tommy, I would love this, whole bunch of statements against the OP's best interests, and a whole lot of statements by qualified "experts" saying the OP was negligent.

Just make the check out to Little Tommy's parents.

OP, you are not going to find a good legal analysis on the freakin INTERNET. Lotsa opinions tho.

My 8 and three-quarters cents worth of advice. OP, delete this thread, or, we need to see the blog on how long it takes you to pay off the judgement. If you need to fess up and air everything in public, we want the blow-by-blow account of how depressed you feel that you dug yourself a hole and got to jump in it. Really, that's entertainment. And, just so that you know, even by deleting this tread, it still can be found in the archives of some server somewhere.

Rick

Link to comment
Share on other sites

.... And, just so that you know, even by deleting this tread, it still can be found in the archives of some server somewhere.

Rick

that's why I recommended Not to bother with attempting a cover up...

seems convenient to in one thread berate 'straight-liners' and speak of the importance of allowing the trail to clear before committing to major turns yet tell a remorseful guy who hit and hurt a kid that he likely could have avoided to instead do whatever possible to avoid responsibility.

I am Not saying the kid didn't share responsibility, he does.

I am Not saying the carver shouldn't lawyer up, he should.

I am saying that all these 'delete this thread' recommendations look like a call for a cover up, that will not work.

Link to comment
Share on other sites

If they were beside each other, they are both equally responsible for their own riding. Even if the other rider is a 9 year old kid, by choosing to ride on a blue run, he should be proficient enough of a rider to have control over himself. The kid's lift ticket says the exact same thing as anyone else's.

You're kidding, right? I do hope so. If not, I also hope you don't have children and really, no such thing happens to them.

M.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Recently Browsing

    • No registered users viewing this page.
×
×
  • Create New...