Biggest moron ever=expensive mistake



39 replies to this topic
  • Heartattack

Posted December 23, 2001 - 10:28 PM

#1

Listen to this tale of stupidity....M e and my buddy were mobbin' around Berthoud about two weeks ago, it was the third ride on my brand new '02 426. I came up to a small jump (the one right before the hard left into the rythm then pyramid). I was in about second gear and as I came over the crest of the jump this RETARD on an old POS KX is perpendicular to the track and slowly rolling onto it from the side of the track. Well I couldn't do anything except t-bone that M.F. and took a serious tumble, it took a minute to realize I wasn't paralyzed(quite a scary feeling). I became irate at this stupid man (who enters a track at the landing of a blind jump which is after a blind corner), and my friend held me back from beating the life out of him. I was relatively unhurt (thank you, thank you, thank you, lord!) but my brand new $6,500 YZ was pretty screwed up. The damage estimate was $1600, but a lot of that was plastic and decals that got scuffed. What did get screwed was the header pipe, rear subframe, brake guards, handlebars and a nice dent in the silencer, not to mention my helmet and chest protector. The guy agreed to pay me $700, which covered the header and subframe, and some random bits,but that wasn't enough for a new silencer or gear, which I think he owes me. He says "you are lucky I paid you anything, it's dirtbiking and sh!t happens!" Well this sh-- happened because he was an unbelievable idiot that could have killed or paralyzed us both. I think he should pay the whole amount to get me back where I was before he cut me off...what do guys you think? Should I take his ass to court? All I want is my brand new YZ back the way it was. It sucks paying $6,500 for a bike that is messed up b/c of this moron. Also, do you think $6,500 out the door was a fair price for this bike?

  • Mike_in_Silicon_valley

Posted December 23, 2001 - 10:34 PM

#2

Can't comment on the price, I honestly don't know. As far as taking this guy to court, I would. It sounds like this guy was negligent and by paying you anything he's basically admitting some fault.


Mike

  • h_bomb

Posted December 23, 2001 - 11:37 AM

#3

The price is a tad steep.I think 6,200 would be fair.I was lucky to find one on ebay for 4,500 ridden once.The guy that bought it didnt even no how to ride.I love the bike just took my suspension to Race Tech for gold valves.Also going to get the thunder alley pipe.Ive heard the BK mod you dont need on the 2002.That sucks what happened to your bike,at least you werent hurt. :)

  • DirtDgr

Posted December 23, 2001 - 12:46 PM

#4

I think you should be happy with the 700. Hey weve all done stupid stuff. The guy obviously feels bad by offering to pay some. Yes things could have ended up tragic but they didnt. Aside from your pipe your plastic will be scratched in no time anyway.

I believe there is an unspoken brotherhood among all motorcycle riders. Especially out on the track. Suing the guy sucks.

  • Heartattack

Posted December 23, 2001 - 01:02 PM

#5

It also sucks to shell out 350 for a pipe, 250 for a helmet and 150 for a roost protector all ruined by some dumbass that shouldn't even be out on the track if his head's up his wazoo. If we had collided under different circumstances I wouldn't ask for any money, but this was utter negligence on HIS part, which is costing ME a fortune. I know what you mean about the brotherhood among dirtriders and I do feel bad he has to pay so much, because I know he wasn't trying to f@ck up, but I don't think I am being unreasonable in expecting payment for my things he ruined.

  • Guest_Guest_*

Posted December 23, 2001 - 01:16 PM

#6

Man that SUX! :D
I think you should take the 7 and go.
I am not sure but I think that when you enter a track they make you sign a release. At least every one I have been to.
I think this releases them and anyone else on the track from liability. Kind of like skiing or owningg a house on a golf course. No reprocutions availible.....
Even though the guy is an idiot. :D

If you think that is bad.......(and it is) check this out.......
Last yr at our local track , it was towards the end of the day and the "lady" at tthe gaurd shack on the way in was on her way down to tell us that they were lockin the gate in 1/2 hr. She saw a couple of guys practicing 1 jump in the middle section of the track and cuttin back to do it again.......no cuttin track!!!! They were in a wide open portion of the track circling around practicing a cool table.(no big deal). She saw it and in her 1988 chibby blazer came screamin' down the hill between the start gate and the finish line 90'table.(kinda blind) She cut across the bottom of the landing ramp about 10' from the end of the ramp. A guy on a 426 went up the hill flipped the 180 and down the hill into a little bit of a dip that is the approach to the 90'er. He was wide open in 4th and just cresting the top of the takeoff when I saw her cut across the landing!!!!! :D He was commited. :D Luckily he was a good rider!
He kicked the back end around to the left and landed crooked to shoot him to his right narrowly avoiding "THE STUPIDEST PERSON ON EARTH" by less than a foot. She had NO clue that anyone nearly clipped her or that she crossed the track evidently! :D :D
I thought I was goin to witness a DEATH!!! :)
As she pulled up to yell at the kids practicing the table about being "UNSAFE" he came up and nearly sideswiped her as he approach screaming profanities!!! I came up and started to add my $.04 worth and she threatened to kick us off of the track for "profanity"?????
I guess swearing and a few "F"bombs will hurt someones feelings but driving a 6000lbs truck out in front of a 250lbs motorcycle hurling thru the air and nearly killing someone is ok if you are a BLM "COP"!!!!
Give a BROAD........excuse me that is not politically correct......."grandma" a patch and a gun and she thinks she is a cop / invinsible / and NEVER WRONG!!!!!
:D
GGGRRRRRRRRRRR
Man I am madder than hell just thinkin about it again!

  • sirthumpalot

Posted December 23, 2001 - 02:55 PM

#7

Tough decision.. If someone had fallen in front of me causing me to wreck and mangle my bike then I don't think it's their fault and I would not expect them to pay. However if the guy entered the track at a blind spot like that then it really was his fault. Morally he should pay. Legally I don't know what your chances are. But he did give you $700 plus you have the satisfaction of knowing that it must have done some damage to his bike too (so he paid there as well) and maybe that is enough to wake him up. If the rest of your stuff is just scratched up and not really "ruined" then perhaps it would be easier to use this as an excuse for those aftermarket parts that you were probably going to buy anyway, let the guy know how you feel and then leave it at that. If the gear is really ruined and unsafe to use then maybe you could expect him to pay a bit more. Just my $.02

Now the lady with the blazer, she needs to be replaced!

  • MXOldtimer

Posted December 23, 2001 - 03:30 PM

#8

If we start to sue each other where do we stop? block passes, brake checks, start suing the track owners for not removing all the bumps, hell Lawyers would start camping out at the first turn. I agree with you it a "bad deal" than God you didn't get hurt, but our bikes get broken up sooner or later it a risk we take every time we enter a track. Take the $700.00 and walk you're really lucky to get that, all tracks have a ride at your own risk somewhere.

Doug

  • fastkevin

Posted December 23, 2001 - 03:32 PM

#9

You need to re-read the release you signed. You ride at YOUR OWN risk. You're lucky he payed you anything. He could just as easily blame the track for not blocking such a "dangerous" entry point. Or even you for jumping into a "blind" area. Maybe next time you should roll it.

  • Paul_Thistle

Posted December 23, 2001 - 04:17 PM

#10

Man I would kiss what was left of my bike and send the" moron " a thank you card for the $700 bucks.
If you went to court, his lawyer would introduce the "release", the judge will ask if that is your signature and when you respond yes, he will dismiss the case.
Is there a place to ride without morons?
I doubt it! Besides the occasions when we become morons ourselves. Not me....but I've heard of others.PT

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  • sirthumpalot

Posted December 23, 2001 - 05:10 PM

#11

I'm usually not swayed at all by other peoples opinions, but after reading the last few posts I am now leaning completely towards just take the $700 and be happy. Don't get lawyers involved. If we start sueing each other then no one will be able to ride for fear of being sued, and I don't think that any of us can afford that! The situation sucks but just be glad he wasn't driving that blazer!

  • marion

Posted December 23, 2001 - 06:56 PM

#12

Get over it.
Be glad you got $700, to help fix your bike.
Fix your bike, go moto and enjoy it.

The last thing we need is to sue each other. The industry does not need another black eye.

Lifes to short.

  • PK

Posted December 23, 2001 - 07:24 PM

#13

I would consider yourself lucky you got the $700 but would be more thankful you didnt get busted up. I landed on a guys bike he left laying on the track while he was sitting on the side of the track at Hangtown trying to fix his goggles after he fell. The damage? Bent subframe, silencer, Pro tapers, both fenders, radiator shroud, ripped off foot peg and 2 wrists that had a total of 15 breaks between them. 4 riders hit this guys bike and all he did was yell because we jacked his bike up. No apology, didn't come over to any of the riders who got messed up to see if they were OK. I sure as hell didn't get any money from him. This crap, as bad as it is, is part of dirt biking unfortunately. Be glad your allright and the moron learned a valuable lesson.

P

  • thumpy

Posted December 23, 2001 - 07:49 PM

#14

Ditto,

Take the money and be done with it. I can tell you from experience, even if you're 100% correct you still only have a 50% chance of winning (at best) in court. There's a saying in the legal profession, "court is for suckers", that's why you see so much wheeling and dealing going on resulting in "settlements" out of court.

I know, I've been sued many times, it sucks and there is never a garauntee you're gonna win...remember the O.J. trial??

I'm very sorry to hear about your ordeal. Hope you get the bike back together and enjoy the cool temps and nice track conditions.

You should be allowed to tatoo that guy so the rest of us can readily see what a moron he is without having to slam into him to find out. Just a suggestion.... :)

  • Glen_T

Posted December 23, 2001 - 08:15 PM

#15

It's an expensive reality that we should all carry some kind of liability insurance. I don't believe I would ever sue someone over a situtation like this, but god forbid I ever become the moron responsible for someone else's injuries (forget the bike, it's replaceable) I'd sure hate to loose all I own to some lawsuit.
My .02. And no I wouldn't sue this guy. I agree... Take the $700.00 It sucks, but it's a lot more than you would get from many people.
GLEN

  • st400f

Posted December 23, 2001 - 09:28 PM

#16

heartattack were you on a track ? if so where were the flaggers? i do feel for you, the same thing happened to me today at mossier valley only it was not in a blind spot but a guy on the side of the track in a big right hand sweeper 3rd gear pinned this guy just pulls on to the track right in front of me and kapow!!!! a nasty get off, thank god no injuries to either of us. i know the guy felt terrible and offered to pay for any damages i said no sh@t happens but for gods sakes man pay attention!bottom line is there are a lot of guys at the tracks that just dont know any better and i believe that the track owners should limite the spots were you can enter and exit the track

  • MAD_POTTER

Posted December 23, 2001 - 09:43 PM

#17

I've ridden Berthoud a lot and know exactly where you were. Anyone who pulls on the track on the back side of a blind jump is an idiot. Remember there are lots of morons out there in their own little worlds whether it's on the track or driving on the streets and sh*t is bound to happen. I'd take the $700, swallow my pride and move on.
KC

  • holeshot

Posted December 24, 2001 - 12:17 AM

#18

I agree that the guy was an idiot, but anyone could argue that you were involved in a high risk sport and knew it the moment you strapped your helmet on, not to mention the release you signed.

Maybe you should get more money - as long as you agree to pay 500,000.00 or a million to someone after you've made a "questionable" move and hurt someone. To say you never make mistakes is to say that you never crash. We are all human, unless you take an unusual interest in Sci Fi.

Lawyer: Your honor, we have proof that he tried an obstacle beyond his ability (he only clears that jump 99.4% of the time), and the resulting crash caused my client to try and avoid him, which in turn caused him to crash and break his big toe. We also have witnesses that saw him (the defendant) drink a beer the night before, which could have slowed his reflexes by .02 seconds. Can we say negligence, negligence, negligence....I think five million will do.

If we could sue everytime we got hurt at a track, all tracks would shut down over night.

The guy may have been a stupid mo' fo', but he was the most generous around if he gave you 700$.

  • MX_Tuner

Posted December 24, 2001 - 05:24 AM

#19

No question the guy was at fault, from the sound of your description and the fact he's offered to pay some of the damages. But I'd be glad he offered to pay for some of the non-cosmetic parts, like the exhaust. Personally, I find it a bit unrealistic to expect him to pay for items such as scratched plastic and torn graphics since these things get beat up during normal riding anyways. I'm sure it hurt to see your brand new '02 get wadded but it *is* a dirtbike.

Taking him to court will net you nothing since motocross is an "implied risk" sport. Take the money and run. I'd also thank him for being as gracious as he has offered at this point. He doesn't *have* to pay for anything.

Just my two cents worth....

  • Chris_Slade

Posted December 24, 2001 - 06:19 AM

#20

Ouch. I'd have to agree with the general concensus. Take what you got, and forget about him. I know I ALWAYS double check if I am entering a track NOT at the entrance.
I'm still a believer that everything happens for a reason. Being that you were not injured in the wreck only makes me think moreso that it happened so that something later wouldn't happen.
Anyway..the "it is dirt biking" is crap...yes, it is, but you shouldn't have to always wonder if someone is on the other side of a jump, if they are not crashed.
But also...it IS A DIRT BIKE. Yeah, we all like em to look nice....but it's not going to be showroom forever. I had a guy take me out once, (completely his incompitance), and bent my sub frame. I was bummed, but I cut it at the cross-spar, stuck a 1/2 inch bolt in it, and welded it up. Straight as new. (my KX250) Oh well. Stuff can be fixed, it doesn't have to be replaced...my fix's cost was nothing, instead of $350 or so for a new subframe.





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