Black Frog

Well I suppose the only one that can sue for anything is the owner of the trailer. The Colorado State Police indicates that the driver is fully responsible for vehicle control and any and all occurances with the vehicle unless he was distracted or impaired by a passenger. That's the legal aspect of it, but as far as the moral aspect of it- that's where the big stink seems to be.

I don't like being told by the driver that I owe 1/6th of this because of his bad driving, and which I believe this whole thing could have easily been avoided. If I was driving I think that I would have some backbone of personal responsibility in knowing that I caused the damage, and that because of that the group shouldn't have to pour out cash for somehting they had no control over.

Rangeball

Forgot to add-

Did you get an elk?

Black Frog

Sadly I didn't.[:'(] I had several close encounters with dandy bulls within bow range, but either the wind screwed me at the last second with a slight swirl or the shot wasn't right (head on or facing away, or brush covering the boiler room...) I wasn't going to take an iffy shot at such a magnificient animal. Man, when you have one bugling right at you @ 12yds away....

Arthur P

Yeah, but if you'd have been driving, the whole thing probably would never have happened. I'm sure you'd have taken the safe route of slowing down and going around the rock on the shoulder. Any sensible driver towing a trailer would have, espcially since the trailer's undercarriage surely didn't have nearly the ground clearance of the truck.

Don't know whether to feel sorry for you for not getting an elk, or whether to envy you for being that close to one. Sounds like a great hunt until the bonehead maneuver. [&:]

GR8atta2d

Like others I believe if he has full coverage on his truck, the trailer will be covered.

Did he truly have time to safely manuever around the rock? Or in justifying not helping pay are you and the guys just coming to a money saving consensus? I once did the same thing in a Jeep, a log fell off the back of a pick-up truck. I tried to straddle it (in that split second it looked like my best option) I cleared it up front, but since the log was still bouncing down the road, i hit it with my rear tire. It sent us on 2 wheels and we nearly rolled, not to mention the Pole we missed by inches! Things happen quickly. If his insurance doesn't cover it, I'd feel some obligation to pay my part. Money comes and goes, hunting partners are priceless.

Black Frog

I truly believe he had plenty of time to safely maneuver around it. I was in the rear seat and when I looked up, the driver had already started to slowly drift left to straddle the rock. When I saw the rock, it was at least 100-130 yds away. The person in the front passenger seat says he saw the rock up aheadfor almost a quarter mile away. That's why no one said anything to the driver, because there was a rock so obvious in the road that far ahead.I couldn't believe that the driver wouldn't see it.

I thought that since the driver was drifting left, he would continue to drift left into the oncoming lane to go around the rock. The road was straight with no oncoming traffic.

I'm the new guy, so I'll go with whatever the group decides. The driver is being stubborn in that he should only have to pay 1/6th of the cost, and the other four people are arguing that the whole thing could have been easily avoided if he would have just stopped or slowed down to go around. I'm not making waves in either direction right now......

Rangeball

Now we know what the elk were smelling when the wind swirled...

ampahunter

It's an unfortunate accident.A 'TEAM' of Elk hunters returning home and a member of that team makes a bad call--who's to blame.
In my opinion, had I been in this position I would have offered my 1/6th, thank God it wasn't a serious accident and learn from the mistake. And therewere a few, including the oversight to check that the trailer was insured--this should have been a 'group'matter and not just leave the responsibility on one person.
Had there been a Elk harvested, I'm sure the elk would have been divided into 6 eq shares.
Pointing fingers and deciding who'sright and who's wrong wouldn't really help a whole lot at this time. The accident has happened, it could have been a worse.
The same driver could have lost his life--what then--who pays? He's not around anymore.
Let it be a lesson learnt, together we stand-- together we fall--there's enough devision in the world today--money being one of the evils and the blame game another.
We're all human and yes we screw up every so often--the driver was obviously allowed to tow this trailer by all members of the huntparty--until an accident occured and then the blame follows, just one of those 'not me' excuses---when everyone had no objections at the beginning.
IMHO--I'll split the the cost of repairs and move on, once bitten twice shy!!!

TerryM

You guys ALL benefitted from the use of his truck, you ALL benefitted from the use of the trailer. Yeah the guy made a mistake but I would likely throw in my 1/6 if insurance didn't come through ( they likely won't because it has a seperate license and therefor needs seperate insurance, my boat trailer and snowmobile trailer all have seperate policies ). Last fall on my return trip from Wyoming to Ontario I blew my engine 11 hours from home, funny no one helped me either.

SIDEWAYS

My question is what does the state that the truck and trailer are titled in mandate as far as insurance for the truck andtrailer?If it is required for the trailer, you could be up the proverbialcreek without a paddle.
Check the policy for the truck.
Every state has differing laws regarding trailers.
If the insurance on the truck covers the damage, split the deductable 6 ways and be done.
You also have to deal with the facts of the accidents, to say well if this had happened or that had happened is irrelevent.

I have the pleasure of dealing with these situations every day.
I work for the little green reptile