[Kev98]

Hello all, im posting this thread in hopes to get some opinions and actual facts regarding an issue that happened here in Ontario. My buddy had blew a chaincase on a 95 indy in which he was test driving because he was thinking of buying the machine. He was test driving it on the lake because the sled was not insured. He had to leave it there and walk back to town. While trying to find someone to tow it off the lake someone with a brand new 850 summit was traveling at way to fast of a speed to be traveling during the night and crashed into it. From where the sled was sitting to where it is now and the damage you can tell he was moving way to fast. Amongst the rubble of pieces there was a beer can from the new sled. The driver suffered a concussion and light injury. Im just trying to get opinions on who is at fault and facts about the situation. Thank you in advance to who offers an opinion on the outcome of this situation.

 

[stevem5215]

Well, typically the responsibility of a moving vehicle is to see the immovable objects in it's path. In this case a dead snowmobile in the middle of an ocean. So, based on that and the fact that there was some drinking and driving involved (which no one will cop to of course) that the driver of said moving object would be guilty of not paying attention to the items in his moving path. Of course people will say "hey you shouldn't have parked a snowmobile where it was" but truthfully if someone is riding across the lake with their eyes closed then they are just plain stupid. As for the insurance factor. Well, I'd say that the sled that was hit is screwed. No coverage means no $$. The guy who hit it will pretty much get his covered if he has insurance but otherwise the owner of the dead sled has nothing now but scrap metal. It does sound like it was almost scrap metal before this anyway!

Steve

 

[Kev98]

Well, typically the responsibility of a moving vehicle is to see the immovable objects in it's path. In this case a dead snowmobile in the middle of an ocean. So, based on that and the fact that there was some drinking and driving involved (which no one will cop to of course) that the driver of said moving object would be guilty of not paying attention to the items in his moving path. Of course people will say "hey you shouldn't have parked a snowmobile where it was" but truthfully if someone is riding across the lake with their eyes closed then they are just plain stupid. As for the insurance factor. Well, I'd say that the sled that was hit is screwed. No coverage means no $$. The guy who hit it will pretty much get his covered if he has insurance but otherwise the owner of the dead sled has nothing now but scrap metal. It does sound like it was almost scrap metal before this anyway!

Steve

Thanks for the reply! I assumed that the operator should be covered and what not. As far as charges go i wonder if there can be any laid

 

[Olde School]

Thanks for the reply! I assumed that the operator should be covered and what not. As far as charges go i wonder if there can be any laid

Bit of a slippery slope Kev as here in Ontario a sled needs to be insured if it leaves the owners private property,so in retrospect the sled should not have been on that lake in the first place, i have heard of cases of people clearing off a rink on a lake and leaving sizable banks getting on the wrong side of the law when unwary sledders slammed into the banks and flipped no warning tape or reflectors guess it comes down to whether the operator is up for a legal tussle.Cheers

 

[Kev98]

Thanks for the replies! The driver of the sled had a ridiculously high B.A.C level so im guessing thats the end of it for my buddy as the operator is in deep shit..