Death caused by hitch ball recovery attempt

This is definitely something to think about whenever you have an opportunity to help someone. It's really unfortunate, but you have to think about how someone could sue you if things go wrong. Or, worse yet, a situation like this.

I've tried to help people whenever possible. But, I did decline to help a woman who had slid into a ditch in a snowstorm, because I couldn't see a way to pull her out without potential damage. I originally stopped to help, but couldn't see a good way to do so.

I will definitely decline to help people in the future, if I feel like the situation is dangerous at all. I don't even want to stop to help broken down motorists, because I expect it to be a setup for a carjacking. Maybe I'm paranoid.

 

I've personal checklist on recovery even with all proper tools:
1. Is the stuck vehicle in dangerous spot where recovery will make things worse such as getting recovery vehicle also stuck?
2. Is the stuck vehicle weigh much more than recovery one or lodged in thick mud with diffs and transfer case bottomed out?
3. Does the stuck vehicle have solid recovery points (not to be confused with tow truck winch points such as under radiator cross member)?
4. No passagens or anyone standing near recovery rope.

http://myoffroadradio.com/4x4-off-road-recovery-basics/

 

This. Unfortunately in society today the ones that are truly appreciative and just want to get home are a slimmer and slimmer percentage of people than those that are “I fucked up this guy was nice and helped me but damn his rig looks nice I’m gonna get some of that money.” Or “it wasn’t pulling before I got stuck what did you break” I share the same sentiment as @MeefZah. Need to call someone here use my phone, need a gallon of gas, I’ll go buy you a gallon and bring it back, need water sure thing. What I won’t do is attach my rig to someone else’s, won’t give them food or drink other than water because god forbid you have an allergy and sue me. And 100% will not administer medical aid to a complete stranger unless is an absolute life or death situation and they can verbally tell me they want to be saved and can record that shit (I know that’s a super shitty thing but one of the nurses my wife works with helped an ejection patient on the side of the road that was unconscious and turned out they were a DNR they attempted to sue her to oblivion).

 

Unfortunately litigation. I would 100% bet that the family of the deceased sues the recovery truck into oblivion. While it was a freak accident that no one could of anticipated, an ambulance (or hearse in this case) chaser will convince the family the only way to make them whole is to take everything that guy has.

 

If a person is willing to help, might be a good idea to have a few waivers in the glove box. Just a basic form that states you are in charge of the recovery, and will be held harmless for any property damage or personal injury/death.

"You want me to pull you out? Sign here."

 

My heart breaks for the family. What a horrific event to witness. I also have empathy for the person who had good intentions to help. How does one overcome that guilt? Just a shitty situation all around.

I don't do major off roading mainly because I'm a ball of anxiety that has a worse case scenario mindset most of the time. But what do you all recommend if I come across someone stuck, and it's an easy situation for me to help? Or what if one day I get a little sassy and decide to do a little more aggressive mudding and get stuck? What recovery tools would be best in those cases?

Sorry if my inquiry is ignorant but I am genuinely curious as life throws curveballs continuously

 

This is starting to deviate from the OP's topic (I had a hand in that, sorry) but waivers don't mean anything. The only thing a waiver is good for is to fool the stupid people into thinking they waived their right to sue so they hopefully will just dry up and blow away; in reality you cannot waive things like that and a "promise to hold harmless so and so and so and so's descendants forever and ever" don't mean jack shit. Just because a guy signed your waiver absolutely doesn't exempt you from being sued. The only sure way to not get sued is to not even get involved... and I'm sure the lawyers are working on that one right now...

 

This is turning out to be very educational thread for me. Lots of good points and things I never would have stopped to consider.

This is excellent advice, and many times probably the best way to help. This got me thinking about many “helping” professions like doctors, nurses, psychs. They all have some variation of a professional oath that says “first, do no harm”. It sounds silly to have to say that, because who who the heck would want to do harm? But in fact, it’s actually a recognition that the manner you decide to help, may in fact, be a cause of harm that would not have happened otherwise. And the professional’s job is to assume the risk and responsibility of figuring out how to help in a way that avoids harm (which is not always possible, but at least avoid unnecessary harm). The truth is, good intentions are never enough to protect you from being the cause of harm, and a professional knows it.

Litigation might be inevitable. The litigant will turn this statement from an assumption, into a question. A defense lawyer could also apply this question to the deceased, arguing he was part of the recovery, and assumed responsibility for the safety of his passengers in the vehicle.

This is where this thread has been the most helpful to me as an off-road newbie. If I’m involved in a recovery, I have more understanding of the risks, and am better able to anticipate and minimize the dangers.

 

I’d suggest first asking yourself how you know it’s an easy recovery to begin with? If something is easy for me, I equate that to being “practiced” at doing it. Then I’d mentally list out possible ways this could get somebody hurt, or what could break. Then I’d just offer them my sympathies for being stuck lol .

 

I recommend you take some classes or professionally guided trail runs. This will help you develop the right mindset and build confidence. And of course a recovery class too. Go out with clubs or groups and observe various recovery techniques. You will be able to distinguish between the guys who know what they’re doing and the guys who don’t. (The guys who know what they’re doing are usually quieter and have a slight aura.) After you’ve had some exposure then you’ll be able to choose some tools based on the techniques you’ve learned. But going out with tools you’re not sure how to use is asking for trouble.

 

I have some first aid training through CERT, and the topic of legal liability was covered. In most places there are Good Samaritan laws which will protect you from liability. That’s not to say you won’t be sued. But you probably won’t be found liable. If you have some sort of bonafide training then that Good Samaritan protection is even stronger BUT now that you have ascended into the “helper” realm you are actually limited in that you are forbidden to render any aid that is beyond your specific training, and if you do render aid for which you are not qualified and things go awry you can be held liable.

 

Experience was a contributing factor in this accident. "Been done before like this" or "should work just fine" - famous last words. Obvious to most on this thread improper technique? Correct. Shortcut cost a man his life, irreparable harm to those who witnessed this tragedy.

Couldn't agree more, especially if your the asshole that blew by me @ 35 mph kicking up rock and dust.

I'm only inclined to help people I wheel with. One stuck- we are all stuck.

 

I think ultimately the best "litmus test" to determine if they're worth recovering is ask them two questions;

1.) How big of a tire can you fit with no lift?

2.) What oil viscosity should you use?

If they then go on a long rambling tirade full of anecdotes you know to leave them in the ditch.

 

Well said, it’s unfortunate that we now live in a world where you have to carefully think through every move considering all of the legal ramifications. Life didn’t use to be this way.

 

Admitted armature about towing here. I too have learned some things.

Doesn't kinetic rope give you the same reaction as a recovery strap which also builds kinetic energy?

To me it seems the kinetic rope is the latest form of tow device and seemingly more popular because of its
newness.
Can you help me understand how the kinetic rope controls the energy, and the kinetic strap is non controlled?

 

I had a incident that could have been worse than it was, yanking my buddies GMC Sierra up a snow mud slope he slipped down off roading, was using my Tahoe and ripped his front tow hook off and went flying clean through my rear license plate. I bet it would have went into my barn door if up higher, or even through my back window to my head.

 

Glad nobody got hurt!!! Where was the failure? Factory tow hook or aftermarket? Any ideas on why it failed?

 

Factory, 2 heavy trucks to much force with a tow strap I am guessing

 

I never thought it was possible to get butt hurt if someone talks shit about your recovery gear.

First for everything.

 

Disregard the head explody emoticon on my first response…. That was a typing error lol

Thanks for sharing.

I’ve been binging a bit on recovery videos lately after more deeply realizing that this topic is definitely one where what you don’t know can kill you. I saw this guy come up a few times with various recovery videos. He really seems to do a good job explaining things and also tests things out in a way that helps drive the point home.

https://m.youtube.com/c/MadMatt4WD

 

You really are a sensitive guy, particularly because it's just an internet comment, on a forum, by a guy you'll never meet.

 

Thin skinned I see.

I can take it don't worry.

Another one that doesn't know the difference between Dillusion and Delusion. Its ok though my skin isn't paper thin.

I've read it. It didn't seem like something to get all butt hurt about. Annoyed maybe.

I'll just carry on with my popcorn.

 

LMAO I'd hate to be you, angry all day at someone's internet post. Just move on, man. What do you care?

And by the way, your tires are garbage.

 

I see we're trying to get this thread locked down.

 

Please...when a thread turns into a pissing match between a couple of members, everyone loses, and it's probably time to pull the plug.

 

I've heard that the ropes are better than the straps, but I haven't read into why.

Neither one is "controlled", really. It's just safer than using a regular strap because kinetic ropes and straps are designed to stretch. Kinetic recoveries are inherently dangerous. I think it just comes down to some products have more stretch than others, some are stronger, etc.

A "tow" recovery is the safest option, when 2 vehicles are involved. But, you don't always have the necessary traction to actually free the stuck vehicle. That's why kinetic recoveries are so effective. You're using the momentum of one vehicle to free the other.

 

So just so I’m clear a strap/rope that stretches like a rubber band is more dangerous than a strap/rope that has very little stretch, right?

Makes sense, I’d rather have someone flick a piece of string at me than a fully stretched rubber band.

Good discussion to raise safety awareness for all of us.

 

I guess it comes down to the type of recovery. A kinetic strap or rope should be safer for a kinetic recovery. But, a regular tow strap should be safer for a tow recovery.

Like you're saying about a rubber band; if one were to use a kinetic strap for a tow recovery, the strap would likely cause more damage if something failed, due to the stretch. It's all about using the right equipment for the situation.

It's probably worth taking a recovery class, or at the minimum watching some good videos. I wouldn't rely on the opinions of anyone around here. The fact that Matt's off-road uses a pintle hitch for recovery just shows that even experienced people don't always do things the right way.

 

Thank you Thatbassguy.
I went online and searched the subject and learned a few more things… like a strap should be retired after 3-4 pulls. Wow! But the theory is “safety first”.
Here is another write up on the subject: https://www.aftermarket.com.au/snatch-straps-vs-kinetic-ropes/