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You've Been hit by someone. What should you do? - Page 8

post #211 of 237

punch em 

post #212 of 237

Not been here for a while and cannae be arsed reading through the entire 6 pages that have come up since last time. So only replying to this.

 

"... This was not an "accident." An accident occurs when nothing could reasonably have been done to avoid the result.  This was a collision...which is a lot different from an accident."

 

 

I race time to time. Im a fast skier. Some people I know are very slow skiers. The fact is that we all dont ski at the same speed. Using the driving analogy again itd be like putting town traffic onto a motorway or visa versa. Watch what happens.

 

Also someone on here said that in 53 years of skiing they hadnt had a single accident? And that the idea of skiing being dangerous is being "bull"? Im sorry but I have no respect for such an attitude. You are very lucky and, by the sounds of it, very ignorant. And I take that very seriously. In my 16 years of the sport I havnt been inured badly from skiing once but I have heard & seen skiing related injurys that are horrific. Last year when I was in france I saw a number of people either getting air lifted or sledged off the mountain in a day. Occasionally you see the sad sight of a black body bag. One of the worst injury's I have personally witnessed was a skier crashing into a sat down stationary boarder on a piste and slicing a nice selection of his fingers off. I have also heard of a story where there was a closed off piste for racing and a member of the public ducked the rope and sneaked onto the closed off piste. Meanwhile Mr Catsuit man was racing down at full race speed on sharp race skis. Came over a bump. Kaboom... Skis went straight through the torso of the individual and killed them there & then. Oh and by the way, the ski racer and the skier who chopped the boarders fingers off were both regarded as innocent. And rightly so.

 

And here you are telling me that skiing being dangerous is a load of "bull". 

 

Appologies for that but I boil over when people disregard mountain safety and dont appreciate how dangerous the whole thing is. Im sorry but it is a very dangerous sport. For a rather long list of reasons. The fact you dont appreciate it is in my view putting the nail in the coffin.

 

 

 

 

 

 

 

 

post #213 of 237
Quote:
Originally Posted by davluri View Post

when it gets congested on the run, you really have to shut the big arc turns down. those turns are often not appropriate for the conditions or the slope.

 

and, like Joe said, don't ski in that configuration



When it gets congested with too much traffic, I just check out, let all the DB's go by and then continue on my way.  You cannot rely on the persons to you left or right to make the correct decisions.

post #214 of 237
Thread Starter 

you have misread something. the point was that skiing the mountain, with experience and good sense, is not dangerous to me. only with the inclusion of the human to human collision is skiing dangerous. It has risk and danger, but at an acceptable level to me, minus persons skiing too fast for ability and experience.

 

the bull, was that skiing is inherently dangerous and that any collision is just part of that risk. This would mean that a skier has to accept without recourse the possibility of being run over from behind.   A collision may be considered an extraordinary event, not part of a normal ski experience, as is falling or bumping into a tree.

 


 

Quote:
Originally Posted by cammyammy View Post

Not been here for a while and cannae be arsed reading through the entire 6 pages that have come up since last time. So only replying to this.

 

"... This was not an "accident." An accident occurs when nothing could reasonably have been done to avoid the result.  This was a collision...which is a lot different from an accident."

 

 

I race time to time. Im a fast skier. Some people I know are very slow skiers. The fact is that we all dont ski at the same speed. Using the driving analogy again itd be like putting town traffic onto a motorway or visa versa. Watch what happens.

 

Also someone on here said that in 53 years of skiing they hadnt had a single accident? And that the idea of skiing being dangerous is being "bull"? Im sorry but I have no respect for such an attitude. You are very lucky and, by the sounds of it, very ignorant. And I take that very seriously. In my 16 years of the sport I havnt been inured badly from skiing once but I have heard & seen skiing related injurys that are horrific. Last year when I was in france I saw a number of people either getting air lifted or sledged off the mountain in a day. Occasionally you see the sad sight of a black body bag. One of the worst injury's I have personally witnessed was a skier crashing into a sat down stationary boarder on a piste and slicing a nice selection of his fingers off. I have also heard of a story where there was a closed off piste for racing and a member of the public ducked the rope and sneaked onto the closed off piste. Meanwhile Mr Catsuit man was racing down at full race speed on sharp race skis. Came over a bump. Kaboom... Skis went straight through the torso of the individual and killed them there & then. Oh and by the way, the ski racer and the skier who chopped the boarders fingers off were both regarded as innocent. And rightly so.

 

And here you are telling me that skiing being dangerous is a load of "bull". 

 

Appologies for that but I boil over when people disregard mountain safety and dont appreciate how dangerous the whole thing is. Im sorry but it is a very dangerous sport. For a rather long list of reasons. The fact you dont appreciate it is in my view putting the nail in the coffin.

 

 

 

 

 

 

 

 



 

post #215 of 237

Remember Sara Burke.

 

Don't mess around-- get yourself into the Cat Scan tunnel ASAP.

 

I hate ambulance chasers, but they have their place. 

Have your friends (or hire an investigator to ID the guy so you can always trace him down) 

He and his Daddy signs a written agreement to pay all current and future medical expenses and loss of work time, or

Your attorney goes after his ass for expenses plus damages and legal fees.

 

A long time friend and Masters racer who used to manage Sugarbush, Harry Baxter, was hit by a snowboarder two years ago.  It was nearly a year until his balance returned to the point where he could ski and mountain bike again, so this is nothing to ignore.

 

Not that it has anything to do with your accident, but I hit another skier for the first time in 45 years of skiing last week!  I usually ski in "race mode"  but I also always leave enough room so that no matter what decision the skier ahead makes they cannot get to where I am going before I do.  I stopped at the top of a newly groomed run with about 900 vertical feet in it.  Overheard the couple next to me say "Go ahead Honey, I'll ski behind you and protect you. Waited until they were 2/3 of the way down.  Wife was 100 yards ahead of husband, and he was skiing to a stop in the middle of the run as I approached.  He looked right at me and then purposely skied in front of me at the last moment. I managed to turn just enough to hit him a glancing blow, got up and apologized because I was the uphill skier.  His comment was that he was trying to protect his wife!  Weird!

post #216 of 237
Thread Starter 

OK, here's where I stand. Can I negotiate for expenses and not create bad vibes on the hill?  Conflict and the tension around it are a strong distraction, not good for skiing. 

post #217 of 237

You must still be having a concussion.  Vibes on the hill?  Negotiate? 

Asshole caused material and bodily damage.  There is no way to know whether there will be long term medical damage until months pass.  Asshole and Daddy accept financial responsibility or the Judge forces them to.

post #218 of 237

While all this has been busily being discussed and argued, our friend Kneale has been dealing with a fractured tibial plateau and MCL injury from a guy who ran into him from behind.  The reality is, these accidents take people out for a long time, and cause incredible losses. 

post #219 of 237
Quote:
Originally Posted by elderski View Post

You must still be having a concussion.  Vibes on the hill?  Negotiate? 

Asshole caused material and bodily damage.  There is no way to know whether there will be long term medical damage until months pass.  Asshole and Daddy accept financial responsibility or the Judge forces them to.


Eh, a week later and he's not dead yet. I'm guessing the cerebral hemorrhaging has subsided. Personally, unless my pupils were different sizes, I'd declare myself undamaged and get on with my life.

post #220 of 237

...

post #221 of 237
Quote:
Originally Posted by telerod15 View Post


Eh, a week later and he's not dead yet. I'm guessing the cerebral hemorrhaging has subsided. Personally, unless my pupils were different sizes, I'd declare myself undamaged and get on with my life.



I agree.  The window for a solid case against this tool is rapidly evaporating.  It is possible that there could be major back and neck damage that haven't fully surfaced.  It will be difficult to claim anything from this incident though because the defense will raise the possibility that there was another incident after the collision and ask why didn't he go to the doc sooner.

 

I just hope this jerk doesn't kill someone or maim a little kid.  Maybe the close call is enough, but I doubt it..nonono2.gif

post #222 of 237
Quote:
Originally Posted by davluri View Post

OK, here's where I stand. Can I negotiate for expenses and not create bad vibes on the hill?  Conflict and the tension around it are a strong distraction, not good for skiing. 



Yes, you definitely should. 

 

What specific expenses do you want to get paid?  (I know nothing about the law, but I think you actually need to have spent money/have receipts, etc and get reimbursed... I dunno)

post #223 of 237
Thread Starter 


That would involve a period of wondering if I just lost 7K. rough. all the lawyers posting here, no one wants to dig into the SRC and set a valuable precedent? I mean it's not for my financial gain, but to improve the skiing world, of course.

 

If I had seen this collision happen, I'd be so much more pissed. It has an unreal quality to it this way. Of course the other guy is acting like an angel on skis these days.

 

Are there really delayed effects possible? it must be complicated to explain. My injury from the AAA put me in the same situation as Sarah. I was very lucky. But I'm not focusing well on important issues. Like this. just when I need an organized and perceptive mind....

 

To answer your question, a CT Scan, head to groin, and general medical examination of affected parts. new helmet. new lens. 400 for four miserable days of lousy painful skiing. if the lawyer wanted to get her feet in the mud of war, punitive damages for what I consider, in my lay mind, assault.

Quote:
Originally Posted by Vitamin Ski View Post



Yes, you definitely should. 

 

What specific expenses do you want to get paid?  (I know nothing about the law, but I think you actually need to have spent money/have receipts, etc and get reimbursed... I dunno)



 

post #224 of 237

I think you're entitled to all of that, and I wish you the best in getting this sorted out and behind you (and hope you're concussion symptoms improve; I've been there and I know it is a PITA).

post #225 of 237

davluri,

 

It's theoretically possible to negotiate a settlement but not likely. The other guy probably won't shell out $7K+ without consulting his attorney. If he does, here's the first advice he'll get:

  1. do not discuss this incident with davluri or anyone else, as your attorney I will do all the talking;
  2. do not pay davluri a single dollar without my guidance (since doing so could establish culpability in the event of future claims).

 

Even if he doesn't consult an attorney, are you qualified (and in a state of mind) to draft a legally binding settlement agreement? Are you willing to risk waiving future claims in the event of delayed symptoms? Can you craft language that would protect you from that? I don't believe you have the expertise to do this, Dave. You need an attorney.

 

In my first response, I urged you to contact an attorney immediately, because every day that passes works against you and for the guy who hit you. As crgildart just posted, "The window for a solid case against this tool is rapidly evaporating." You must act, now.

 

Please, speak with attorney. He/she needs to be licensed in CA, so posters on this thread couldn't help even if they are attorneys. Ask your friends. Ask a reputable local business owner. Every business owner has or at least knows an attorney. 

 

Please don't wait any longer, for your own sake and for the sake of other skiers. Your thought of bolstering the SRC is a generous and worthy one but a privately negotiated settlement would not accomplish that. A successful lawsuit or even a successful insurance claim might.

 

P.S. You also need to inform your own health insurance (if you have) that these medical claims arose due to this incident. They will wish to subrogate against the other guy's insurance. Failing to inform them promptly could endanger your insurance benefits.

 

post #226 of 237
Quote:
Originally Posted by davluri View PostAre there really delayed effects possible?

 

No! Don't worry, be happy! Take it from one who has suffered many concussions. You lose some cognitive skills, some memories, nothing important.
 

 

post #227 of 237

There was a scene from the 'Sopranos' where Paulie says "so you're the skier",

he has a bat and takes a couple whacks on his knees, full swings.

It sounds like crushing bone.

 

There are people who do this in real life too.

Just sayin'

post #228 of 237
Thread Starter 


I don't know.  The other day I was drinking a beer at home. I looked at the glass and it was 2/3 gone. I was sure I hadn't drank any yet. that could be a problem. eek.gif

Quote:
Originally Posted by telerod15 View Post

No! Don't worry, be happy! Take it from one who has suffered many concussions. You lose some cognitive skills, some memories, nothing important.
 

 


trees, I just heard a story today about a guy who ran over my buddies girlfriend from behind. Right on the spot, he hammered him straight into the snow with a snowboard, like a mallet on a stake.

 

post #229 of 237

davluri, not to scare you or anything, but if you weren't aware already (and pertaining to the recent thread focus on concussions), see below links.  I experienced some of this after my fall.  Not everybody does, and it doesn't even necessarily correlate with the severity of the concussion.  My concussion was mild (as far as those go; no blackouts) but I had months of PCS symptoms.  Anyway, here are the links:

 

http://www.mayoclinic.com/health/post-concussion-syndrome/DS01020

 

http://en.wikipedia.org/wiki/Post-concussion_syndrome

 

 

In terms of super-long-term, I think that's the one thing to look out for.

 

 

 

 

The other thing to be VERY cognizant of is second-impact syndrome.  When two concussions happen too close to each other (or multiple ones) (though this traditionally happens in young athletes playing contact sports in the context of one day), serious complications like sudden death can happen from successive concussions.  Somewhere there is a table that shows you when it is OK to return to activities (i.e. skiing?), based on if you had a Grade I, II, or III concussion.  It ranges from 1 week to a year.  Since you didn't black out, you're probably good to go sooner rather than later, but best to see a doctor anyway.

post #230 of 237

My battles with post concussion syndrome are documented to some extent here in a couple of threads.  It sucks.  Anyway....

My wife and I were out skiing last night at a local place with friends.  Real mellow mountain, well lit for night skiing, and it was great until my wife got laid out from behind by a stupid kid.  We were both standing off to the side of a wide trail, weren't obscured from view in any way (weren't below a crest of a hill or anything), and I was looking downhill.  Out of nowhere I hear this huge boom behind me and then the clattering of equipment. I look down and my wife is down for the count with some idiot tangled up with her.  She rung her bell something awful and was out of it.  The kid was too young to really lay into, but I was pissed.  I'd say he was 13ish or so.  He was sitting on his snowboard and riding the thing like a sled with one of his buddies.  Just absolutely creamed her.

I read him the riot act, but I was more worried about her.  She had a helmet on, but she was definitely out of it.  There wasn't any ski patrol around and I was more focused on her, so once I read the kid the riot act, I let him slip away.

post #231 of 237
Thread Starter 

You guys are very hard on my plan for total denial. reality keeps asserting itself....darn.

 

honestly, between about 5 serious concussions, mostly on a road bike, and no BP for several minutes on the AAA, I'm pretty frikkin' post concussive all the time. death would be something to avoid though, as I have grown used to myself.

 

thanks for the info and ideas.

post #232 of 237

Dave,

 

Sorry to hear about your crash. I imagine you have had your ample share of advice here. I would just say have him cover you hard costs and be done with it. Filing suit is just a PITA and you probably won't actually recover much and what you do the atty will take a big chunk of. As long as you're made whole from a direct hard cost perspective, you can ski without getting too pissed off.

 

The other factor here is to send a message to the other guy that reckless skiing is a very bad idea. I watched a 14 year old idiot taking blind rollers at 50 mph the other day. Patrol finally caught him and pulled his pass. The kid was crying in front of his friends which was punishment enough.

 

It is probably too late for this but for those of you who find yourself in this situation, even if you aren't going to make a federal case out of it, if you need to send a message call the local police. Let them know you're not going to ask to file charges but you just want to send a message to slow the F down. Most local departments are familiar with the drill and actual welcome the ability to send a message. They'll usually pay a visit or call the offender, ask a ton of unpleasant questions and generally cause a significant amount of butt pucker.

 

 

post #233 of 237
Thread Starter 

hah, that's good...unpleasant questions, perfect. I'm going to find out soon what message the patrol left with him.

post #234 of 237


 

Quote:
Originally Posted by davluri View Post

hah, that's good...unpleasant questions, perfect. I'm going to find out soon what message the patrol left with him.



I'm afraid you'll be sorely disappointed......

 

post #235 of 237

AMEN. If you can't see it, and don't have someone downhill "clearing" the path, don't take it, don't take the jump, etc. No excuses. Ruins your whole life if you hurt someone, or even yourself. It's just not worth it for recreation. I had a good friend crash on an unmarked cat track cut (at Alpine above Roundhouse top) when he went off an unseen ledge because he was skiing faster than he could see ahead. Broke 3 ribs, concussion. Thank the Universe (or whatever God/Gods you believe in) that no one was on that cat-track, because he might have killed them. On a similar note, I had someone ski within inches of my HEAD (saw the edge go past my eye) when the idiot took a jump over a cat track that I was skiing down (along with tons of other skiers). I chased him down, and pulled him out of line to talk to ski patrol at Alpine. He, too, insisted he was "in control". Luckily I had several witnesses who described his jump that almost took my head off. They pulled his ticket and sent him home. IMHO, if the knucklehead who hit you is part of a "crew" at Alpine, you need to do all of us a favor who ski there, and get him banned. I, for one, am tired of the shennaniigans at Alpine. Patrol needs to step up enforcement, too. It's been too long since they've been serious about it.

post #236 of 237
Thread Starter 

do you mean that they didn't go medieval on him?
 

Quote:
Originally Posted by trees View Post


 



I'm afraid you'll be sorely disappointed......

 



 

post #237 of 237


 

Quote:
Originally Posted by davluri View Post

do you mean that they didn't go medieval on him?
 



 



 

Well....yes.

 

And that they will absolutely take no action at all.

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