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Liability?

Discussion in 'The Lounge' started by PoserNewbie, Aug 25, 2005.

  1. PoserNewbie

    PoserNewbie Monkey

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    Ok, when you're involved in a car accident and you are at fault, you'll likely pay for your mistake to the other party and that is one of the primary reason that people have car insurance. I wonder how is the same situation translates to biking. Let's say that you're riding at your favorite bike park and some hotshot decided to pull a stupid move (like passing you in an unsafe section) resulting in injury and damages to you. Do you have any recourse to get compensated for your damages like in a car accident?
     

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  2. blt2ride

    blt2ride Turbo Monkey

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    Well, I don't think you would want to sue a fellow rider, would you? I mean, if someone does something stupid in front of you, call him on it and, worst case scenerio, settle it right there.

    To answer your question, yes. From a legal stand point, you could get a personal injury attorney, and sue him for any injuries his negligence may have caused. Sadly, we live in a very litigious soceity where you can pretty much sue anyone for anything, and there is no shortage of people doing just that...
     
  3. PoserNewbie

    PoserNewbie Monkey

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    Suing a fellow rider is the last thing on my mind. I understand that crashing is an integral part of this sport however for the most part you cant really blame it on anybody but yourself. Its just frustrating that many riders sometime act irresponsibly on the trail and can sometime cause an injury to other riders.
     
  4. Changleen

    Changleen Paranoid Member

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    One person's irresponsible is another persons wicked gap.
     
  5. hooples3

    hooples3 Fuggetaboutit!

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    There are always 3 sides to a story... your side, the other persons side, and the truth. you would have to be 100% sure the other person is at fault...completely. And even then i doubt you would get to far
     
  6. Konabumm

    Konabumm Konaboner

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    beat his ass and take his bike
     
  7. Reactor

    Reactor Turbo Monkey

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    Or Beat his ass with his bike.

    Yes you could sue, in some states. As a pratical matter you'd have a hard time winning if you were riding in a bike park, where people are supposed to act stupid on bikes. In a bike park, there is no force of law behind the recommendations for traffic flow or use. The park supervisor could throw you out, but couldn't write you a ticket. It would have to be something dramatic, and clearly outside the normal use, like someone jumping off the roof of a building into a crowded area and splatting a couple of people.

    In a normal traffic accident, i.e. you are riding in the bike lane and get run over, there are traffic laws that are used to prove liability. An investigating office writes a ticket and accident report, and those are used to prove fault and liability.
     
  8. robdamanii

    robdamanii OMG! <3 Tom Brady!

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    I second the beating.

    And how's your case going dude?
     
  9. Reactor

    Reactor Turbo Monkey

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    I'm going to see the neurologist soon, then I'll have probably a head MRI. We'll see after that. My doc gave a low dose of zoloft to help with some of the side effects for the time being, and it's helping...a little. Still have the headache and nausea, and a grab bag of minor problems like memory loss, trembling hands, sleeplessness.

    On the legal side, there isn't really any doubt, but the insurance company is posturing. I have a pit bull, so I'm not too worried.