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who was at fault?

  • My brother

    Votes: 3 33%
  • Headphones guy

    Votes: 0 0%
  • me

    Votes: 0 0%
  • guy behind me

    Votes: 7 78%

Crash! who's responsible?

3.4K views 14 replies 11 participants last post by  Manicmouse  
#1 · (Edited)
Let's say someone is cruising down some mild terrain about 20 mph night with headphones in. Completely clear of all other patrons, no one to either side and the closest person they can see is 100 yards ahead. Taking up about a 10 foot width of space on a 120 foot wide trail, light and narrow turns, and someone else comes up behind them trying to pass close, about 10 feet away yelling on your right! (guy has headphones in) ...(120 foot wide trail, mild terrain, not steep, easy to stop, slow down, or turn) and they run into the person cruising, wiping them both out..... Who is at fault???? and why?

(im the one in front with headphones in)




REPLY
 
#2 ·
You're pretty much always responsible for any rider ahead of you and to your side (when merging).

If there is 120 feet of trail the uphill rider could easily go around. You should never expect someone downhill to be aware of your presence.

Unless the downhill rider is stopped in a place where they aren't visible, like under a hill, jump, or large mogul.

Sent from my GM1915 using Tapatalk
 
#3 ·
The downhill person is not obligated to hear him or move out of the way.

Rule 3: Choice of route
A skier or snowboarder coming from behind must choose his route in such a way that he does not endanger skiers or snowboarders ahead.

Rule 4: Overtaking
A skier or snowboarder may overtake another skier or snowboarder above or below and to the right or to the left provided that he leaves enough space for the overtaken skier or snowboarder to make any voluntary or involuntary movement.


This is not negotiable. The downhill skier could be deaf. The uphill skier might not be yelling as loud as he thinks. The downhill skier might not have the skill to move aside or react fast enough. The downhill skier might have headphones on, which BTW is not against any rules.

The single overriding factor is this: The uphill skier can see the downhill skier. The downhill skier cannot see the uphill skier. It is completely, utterly, and totally the responsibility of the overtaking skier to make sure there isn't a collision.

Downhill dude could have sued your brother and very likely won (depending on country). The waiver you sign when you buy a ticket is there to protect the mountain from lawsuit, not other skiers.

(addendum: 'skier' may also mean 'snowboarder')
 
#4 ·
Yeah, downhill skier has the right of way. It's posted all over the place where I ride. It's obviously unsafe to be blasting music so loud that you can't hear someone shouting. However, shouting to make your presence known doesn't give you the right of way. There's plenty of people who are hard of hearing or just not paying attention. I yell at people on narrow cat tracks, and many of them are still clearly surprised when I blast past them.

I'm sorry that accident happened. It's a terrible thing to witness and even worse to be a part of.
 
#7 ·
It is. I'm the headphones guy. no one was there but myself and the dude that hit from behind. (my little brother doesn't even snowboard. I did this because i wanted to get some different bias perspective. My friend told me it was my fault for not looking out behind me for faster riders. Needed closure. Thankyou
Responsibility code read it, live it, love it. The up hill person is responsible for avoiding contact when passing. Headphones or not based on your description there’s no reason for your brother to have been any where near this person.
Side note for personal experience even when people aren’t wearing headphones they can still be erratic more than half the time if I call out the side I’m passing someone one they just turn into the direction I call out
Yeah, downhill skier has the right of way. It's posted all over the place where I ride. It's obviously unsafe to be blasting music so loud that you can't hear someone shouting. However, shouting to make your presence known doesn't give you the right of way. There's plenty of people who are hard of hearing or just not paying attention. I yell at people on narrow cat tracks, and many of them are still clearly surprised when I blast past them.

I'm sorry that accident happened. It's a terrible thing to witness and even worse to be a part of.
The downhill person is not obligated to hear him or move out of the way.

Rule 3: Choice of route
A skier or snowboarder coming from behind must choose his route in such a way that he does not endanger skiers or snowboarders ahead.

Rule 4: Overtaking
A skier or snowboarder may overtake another skier or snowboarder above or below and to the right or to the left provided that he leaves enough space for the overtaken skier or snowboarder to make any voluntary or involuntary movement.


This is not negotiable. The downhill skier could be deaf. The uphill skier might not be yelling as loud as he thinks. The downhill skier might not have the skill to move aside or react fast enough. The downhill skier might have headphones on, which BTW is not against any rules.

The single overriding factor is this: The uphill skier can see the downhill skier. The downhill skier cannot see the uphill skier. It is completely, utterly, and totally the responsibility of the overtaking skier to make sure there isn't a collision.

Downhill dude could have sued your brother and very likely won (depending on country). The waiver you sign when you buy a ticket is there to protect the mountain from lawsuit, not other skiers.

(addendum: 'skier' may also mean 'snowboarder')
You're pretty much always responsible for any rider ahead of you and to your side (when merging).

If there is 120 feet of trail the uphill rider could easily go around. You should never expect someone downhill to be aware of your presence.

Unless the downhill rider is stopped in a place where they aren't visible, like under a hill, jump, or large mogul.

Sent from my GM1915 using Tapatalk
I'm the headphones guy. no one was there but myself and the dude that hit from behind. (my little brother doesn't even snowboard). I did this because i wanted to get some different bias perspective. My friend told me it was my fault for not looking out behind me for faster riders. Needed closure. Thankyou
 
#6 ·
Responsibility code read it, live it, love it. The up hill person is responsible for avoiding contact when passing. Headphones or not based on your description there’s no reason for your brother to have been any where near this person.
Side note for personal experience even when people aren’t wearing headphones they can still be erratic more than half the time if I call out the side I’m passing someone one they just turn into the direction I call out
 
#11 ·
Top rider might have been smoking pot all day and would have been super burnt out, and making sudden movements takes way more effort than usual. If you all rode away then no reason to play the blame game, it's a dangerous sport after all.
 
#12 ·
Ryan Knapton stresses in his carving tutorials that you should look uphill before starting a pass. That's simple prudence, given the aggressive cross-slope movement, and let's be honest, if you both end up in the hospital, whose fault it is is kind of moot.

But that's a courtesy thing on his part.

Although it does bring up the question of edge cases. For instance, if someone is bombing straight down the hill and a eurocarver is doing extreme carves and they smoke each other when they cross (think of the shape of a $ sign), whose fault is that? Neither one is downhill of the other.
 
#13 ·
That's simple prudence, given the aggressive cross-slope movement, and let's be honest, if you both end up in the hospital, whose fault it is is kind of moot.
I think this is the most important thing! Always check before doing something that can be surprising for someone near you. Don't throw a surprise eurocarve when you've been going straight for a time so people are not expecting you to turn that agressively,

Yes, you may have priority or right of way if you're downhill, but in the end, broken bones or more critical injuries don't care about right of way. :)