Strong Farmer Posted January 21 Share Posted January 21 11 minutes ago, crispy said: ? Sled is at fault 100%. Drivers a total dumbass imo. He's darn lucky as mentioned above that was a real trucker and not some humbolt dolt. I dunno. I was traveling behind some pedal bikers on a road near me. One guy had a dash cam and claimed I passed to close to them. I slowed right down and was following them traveling two and two. So I waited until it was clear and passed them. They called cops with my license plate. They showed up at my house. I had a polite conversation with officer. I said to show me video if you have it. He said he didn't need too since my storey matched what he saw on video. I asked him if he was going to go back to them and ask them to ride single file like they are suppose too. He said if I had hit them on back side of a hill I be at fault 🤦♂️. Bottom line laws are stupid. Quote Link to comment Share on other sites More sharing options...
Spiderman Posted January 21 Share Posted January 21 8 minutes ago, crispy said: ? Sled is at fault 100%. Drivers a total dumbass imo. He's darn lucky as mentioned above that was a real trucker and not some humbolt dolt. Sled is not guaranteed to be 100% at fault. Ever hear of the 1% rule? Quote Link to comment Share on other sites More sharing options...
Spiderman Posted January 21 Share Posted January 21 1 minute ago, Strong Farmer said: I dunno. I was traveling behind some pedal bikers on a road near me. One guy had a dash cam and claimed I passed to close to them. I slowed right down and was following them traveling two and two. So I waited until it was clear and passed them. They called cops with my license plate. They showed up at my house. I had a polite conversation with officer. I said to show me video if you have it. He said he didn't need too since my storey matched what he saw on video. I asked him if he was going to go back to them and ask them to ride single file like they are suppose too. He said if I had hit them on back side of a hill I be at fault 🤦♂️. Bottom line laws are stupid. The reality is liability is always different in every single situation. the fault chart used to establish fault for physical damage is irrelevant should a tort action for injuries be pursued. police investigate for hta, tort claims move on their own. Quote Link to comment Share on other sites More sharing options...
crispy Posted January 21 Share Posted January 21 Interesting to see the differing view points here. If i was on a bench in that one? Sled guilty of careless driving. Trucker zero charges. Sled at fault 100% in my eyes. 3 Quote Link to comment Share on other sites More sharing options...
Strong Farmer Posted January 21 Share Posted January 21 1 minute ago, crispy said: Interesting to see the differing view points here. If i was on a bench in that one? Sled guilty of careless driving. Trucker zero charges. Sled at fault 100% in my eyes. He have to slow down too and proceed with caution. You have to give adequate space for any vehicle wether it's a horse and buggy, bicycle etc. On my way home I seen a omish guy biking with a heavy cable spool around his arm in snow. I stopped and said give me your address and cell number I drop it off at your house. He thanked me, since it was much easier to bike in snow without it. another accident waiting to happen, he was all over road 😆. 1 Quote Link to comment Share on other sites More sharing options...
blackjack1 Posted January 21 Share Posted January 21 21 minutes ago, Spiderman said: Ever hear of the 1% rule? Yea its called gender disphoria...its whats wrong with the world today...🙃 1 5 Quote Link to comment Share on other sites More sharing options...
PISTON LAKE CRUISER Posted January 21 Share Posted January 21 6 hours ago, signfan said: Lets go one step further. It's a combine traveling up the road turning left. He's probably running up the shoulder due to his width. But he's not stopped and is traveling the road. Not saying I'm right. But it makes for an interesting argument. If it were a motorcycle how is it interpreted? Too many drivers these days don't slow down when overtaking smaller and / or slower vehicles. Glad no one was hurt. Definitely take your time and look behind you before crossing or turning left on a road. Aside from size, the sled started his turn 150 feet or more before the corner and that is just wrong. JMHO 3 Quote Link to comment Share on other sites More sharing options...
stoney Posted January 21 Share Posted January 21 1 hour ago, crispy said: Interesting to see the differing view points here. If i was on a bench in that one? Sled guilty of careless driving. Trucker zero charges. Sled at fault 100% in my eyes. I think all or almost all feel it’s the sledder being irresponsible and at fault, but the question lies on how if something did happen, how our glorious judicial system would handle it n this wonky day and age…. 3 Quote Link to comment Share on other sites More sharing options...
PISTON LAKE CRUISER Posted January 21 Share Posted January 21 1 hour ago, Spiderman said: The reality is liability is always different in every single situation. the fault chart used to establish fault for physical damage is irrelevant should a tort action for injuries be pursued. police investigate for hta, tort claims move on their own. Either way when it ends up in court and the video is shown it would be a travesty of justice to rule against the truck driver in this situation. 3 Quote Link to comment Share on other sites More sharing options...
stoney Posted January 22 Share Posted January 22 7 hours ago, signfan said: Lets go one step further. It's a combine traveling up the road turning left. He's probably running up the shoulder due to his width. But he's not stopped and is traveling the road. Not saying I'm right. But it makes for an interesting argument. If it were a motorcycle how is it interpreted? Too many drivers these days don't slow down when overtaking smaller and / or slower vehicles. Glad no one was hurt. Definitely take your time and look behind you before crossing or turning left on a road. 7 minutes ago, PISTON LAKE CRUISER said: Aside from size, the sled started his turn 150 feet or more before the corner and that is just wrong. JMHO if I’m turning left and a vehicle is passing me on my left, or right for that matter, I’m expected to look for vehicles passing on either side before I turn into possible passing vehicle. This has been my understanding for a long time since I know of more than one person a while ago that didn’t look before turning and were found at fault. Of course, that was vehicle and vehicle, this is vehicle and sled. Quote Link to comment Share on other sites More sharing options...
Strong Farmer Posted January 22 Share Posted January 22 2 hours ago, crispy said: ? Sled is at fault 100%. Drivers a total dumbass imo. He's darn lucky as mentioned above that was a real trucker and not some humbolt dolt. Crazy laws you be surprised. My aunt was turning left in Kitchener. Sitting there with her signal on. She waisted until traffic slowed there was two lanes so four lanes total. Light turned yellow then red and she turned and got hit at 110 km an hour didn't see speeding car thru traffic. Police determined she was at fault and couldn't prove the speed or exact warabouts of other car. 🤷🏽♂️ Quote Link to comment Share on other sites More sharing options...
Spiderman Posted January 22 Share Posted January 22 1 hour ago, PISTON LAKE CRUISER said: Either way when it ends up in court and the video is shown it would be a travesty of justice to rule against the truck driver in this situation. Yes it would, and any reasonable decent human would see that, but as long as the 1% rule is on the books, counsel will look to anywhere and everywhere to find it. 1 1 1 Quote Link to comment Share on other sites More sharing options...
Blackstar Posted January 22 Share Posted January 22 2 hours ago, Strong Farmer said: Crazy laws you be surprised. My aunt was turning left in Kitchener. Sitting there with her signal on. She waisted until traffic slowed there was two lanes so four lanes total. Light turned yellow then red and she turned and got hit at 110 km an hour didn't see speeding car thru traffic. Police determined she was at fault and couldn't prove the speed or exact warabouts of other car. 🤷🏽♂️ In that situation, she will always be at fault. You can not turn into opposing traffic until the lane is clear. The colour of the light has no bearing. 3 Quote Link to comment Share on other sites More sharing options...
95rxl650 Posted January 22 Share Posted January 22 We live in a country where everyone wants to sue someone, even for their own stupidity. In a court of morality, the truck driver never sees a courtroom. Judicial courts however???? At the very least he incurres related expenses, looses sleep over killing someone, and families are devestated all over poor judgement. AKA stupidity. I get it. Everyone works hard to play hard, but dont be stupid. Think about the results of your actions. In my eyes, stupid is no accident. 2 Quote Link to comment Share on other sites More sharing options...
Sneaks Posted January 22 Share Posted January 22 On 1/21/2024 at 8:31 AM, Strong Farmer said: Yes old trail thru the flats was pretty good. Why was it moved? Rode thru there a few years ago it was abit of a splash across river at bottom. Imagine it's still wide open or very thin? Yes, that's one of our trails (Elmira SC) and like others wish there was a better alternative especially when roads/shoulder is bare. Rode it 3-4 times this weekend, and fortunately cold had some snow for most of the way. Regarding why not through the flats. It's the usual Landowner permission loss, it's GRCA land. Some people unfortunately still ignore the no trespassing/closed signage there, which doesn't ever help to get things open again. Have heard that GRCA permissions are hopefully overall are being worked through at higher levels after the great collaboration D9/Lake Conestoga did to get their clubhouse/trails open again, so hopefully we can get access through there in the future. As always, we have the privilege of landowners allowing us to use their property for our trails and they retain all rights to their usage. Hence why staying between the stakes and treating property and everyone with courtesy and respect irrespective of where you are riding goes a long way to maintaining that delicate relationship or we would have no trails! 9 1 Quote Link to comment Share on other sites More sharing options...
Sevey Posted January 22 Share Posted January 22 That could have been real bad. That sledder owes his life to that truck driver. You could see the driver start to back off the gas as he approached the group - that probably is why he got the rig under control - as fast as he did- as sled wandered across the road. Scary MS 3 Quote Link to comment Share on other sites More sharing options...
Steve F6 Posted January 22 Share Posted January 22 5 hours ago, Sneaks said: Rode it 3-4 times this weekend, and fortunately cold had some snow for most of the way. Welcome back! Me and likely everyone else on the site always enjoyed your ride reports on the polaris! 3 Quote Link to comment Share on other sites More sharing options...
zoso Posted January 24 Share Posted January 24 On 1/21/2024 at 10:22 AM, Spiderman said: You can tell it’s a professional driver by the hood of the truck, sledded is lucky. You should see how the a%%hats in long nose petes drive on 17. It aint the truck, its the driver. Justins imports are now doing over dimensional loads...let me tell you, its scary. They run the load onto oncoming, and illegally run after dark. 1 3 Quote Link to comment Share on other sites More sharing options...
grover_yyz Posted January 25 Share Posted January 25 On 1/21/2024 at 6:54 PM, PISTON LAKE CRUISER said: Either way when it ends up in court and the video is shown it would be a travesty of justice to rule against the truck driver in this situation. The sleder (or his lawyer) will also drag the club and OFSC into being liable. Another reason to make sure all signage is in place and displayed properly. Jerry 2 Quote Link to comment Share on other sites More sharing options...
crispy Posted January 25 Share Posted January 25 8 hours ago, grover_yyz said: The sleder (or his lawyer) will also drag the club and OFSC into being liable. Another reason to make sure all signage is in place and displayed properly. Jerry Fubar! Anyone who attempts such a thing is a scum bag for dragging liability into the club. Hopefully the OFSC has enough legal front end to absolve themselves from any such stupidity. If you cant drive and control your vehicle? Its not the road or trails providers fault. Weasels who try and leverage liability like that are the kind of scum who are ruining the Canadian way of life. 2 Quote Link to comment Share on other sites More sharing options...
Strong Farmer Posted January 25 Share Posted January 25 9 hours ago, grover_yyz said: The sleder (or his lawyer) will also drag the club and OFSC into being liable. Another reason to make sure all signage is in place and displayed properly. Jerry Not sure if they can do that now. I believe you enter and use trail system at your own risk today. If it happens on a closed trail you have zero case. I am sure data can be saved. The way some of these people ride and cut corners and go across ditches is mind boggling. That being said most were behaving when I was out there on Tuesday but it wasn't that busy. Different crowd of riders during week 😎 Quote Link to comment Share on other sites More sharing options...
Spiderman Posted January 25 Share Posted January 25 18 minutes ago, Strong Farmer said: Not sure if they can do that now. I believe you enter and use trail system at your own risk today. If it happens on a closed trail you have zero case. I am sure data can be saved. The way some of these people ride and cut corners and go across ditches is mind boggling. That being said most were behaving when I was out there on Tuesday but it wasn't that busy. Different crowd of riders during week 😎 Yes they can and do all the time. 1 Quote Link to comment Share on other sites More sharing options...
PISTON LAKE CRUISER Posted January 25 Share Posted January 25 10 hours ago, grover_yyz said: The sleder (or his lawyer) will also drag the club and OFSC into being liable. Another reason to make sure all signage is in place and displayed properly. Jerry In this case it only requires a sign at each end which states "follow road to trail" and possibly 2 small blue arrows at the turn. Rules of the road apply. 2 Quote Link to comment Share on other sites More sharing options...
Big Pete Posted January 25 Share Posted January 25 5 hours ago, Spiderman said: Yes they can and do all the time. And the OFSCspends a ton of money defending clubs/district/federation against these frivolous claims. From my understanding very few suits are successful but you still have your defence costs. From what I have been told the courts in Ontario are very hesitant to award costs to the defence. Couple that with the whole contingency fees from the personal injury lawyers there does not seem to be any impediments to the plaintiff to file a suit.. the rules should changed so that if a plaintiff loses, they and their lawyers are accountable for the defence costs too. Would make them think twice before filing the statement of claim. 1 1 Quote Link to comment Share on other sites More sharing options...
Spiderman Posted January 25 Share Posted January 25 14 minutes ago, Big Pete said: And the OFSCspends a ton of money defending clubs/district/federation against these frivolous claims. From my understanding very few suits are successful but you still have your defence costs. From what I have been told the courts in Ontario are very hesitant to award costs to the defence. Couple that with the whole contingency fees from the personal injury lawyers there does not seem to be any impediments to the plaintiff to file a suit.. the rules should changed so that if a plaintiff loses, they and their lawyers are accountable for the defence costs too. Would make them think twice before filing the statement of claim. On the bold, you're absolutely right, and I'm not sure that most people understand that. There is nothing stopping anyone from naming a potential target defendant in a SOC - and then, as you pointed out, resources are required to defend against it. Money well spent - but spent! I have seen few defendants released from actions until after the Examination for Discovery process has been undertaken, which takes quite a bit of work, time and expense even to get up to and through that point. You can always try, but threatening costs if not does not usually scare too many Plaintiff firms. As I mentioned, with 1% liability on the books - they're going to look anywhere and everywhere for potential defendants. On costs, my experience differs a little - most times if we are successful and seeking, they are awarded - sometimes in full - sometimes partial - sometimes up to the max ( small claims ). Collecting on them is another story 1 1 Quote Link to comment Share on other sites More sharing options...
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