Recovery - Helping others - when and when not?

grandpa

Member
Recovery liability – when do you walk away from helping someone? I have some experience with beach sand, mud, and snow/ice basic recovery situations. I have seen some unprepared vehicles on the beach with drivers that didn’t have a clue about deep sand. I’ve gotten very wary of connecting a recovery strap to some of the newer vehicles because of liability. What if I damage their vehicle or someone get hurt by not following instructions? People think - why can’t you just pull me out?

Would a signed waver be any good? I know that some states have a Good Samaritan Law that seems to be for emergency situations. I think there are some people that would want help now, but sue you later if you damaged their “new suv”.

Do any of you have any stories of situations you should have walked away from? I hate to say no and have people think badly of me because they can't see the liability issue.

Thanks for your wisdom.
 

I Leak Oil

Expedition Leader
There is no law that says you have to help. If someone thinks poorly of you because you won't pull their shiney SUV out of the sand on the beach then that is their problem. Especially if you explain why.
 

Ziv

Observer
If someone was equiped and able to help someone in a desperate situation and failed to do so for “liability reasons”. Well, Karma is a ***** and she has a looooong memory ...
 

I Leak Oil

Expedition Leader
I've never heard of doing something for good karma as a legitimate legal defense. I'm sure lady karma can't pay the lawyer's fees either. A truely desperate situation would allow you to help people get to safety without fear of legal action, that's the average Joe's only real moral delema.
 

scanny

Observer
Personally I would sign a wavier if I stuck badly and you're aftraid of pulling me out because of possibe lawsuits : )
But clueless people tends to attract troubles and most likely don't have recovery points on their crossovers.
 

Stumpalump

Expedition Leader
When I come up on a stranded rig I willingly wait patiently until they ask for assistance. That way it was their idea. I also let them connect the tow strap. I'll inspect the connection but its all on them. They got stuck, they asked for help, they connected to my rig they told me to pull. That way it's all on them in a nice and pleasant way. What every you do do not ask for payment. The law says you need a license and insurance for that.
 

grandpa

Member
When I come up on a stranded rig I willingly wait patiently until they ask for assistance. That way it was their idea. I also let them connect the tow strap. I'll inspect the connection but its all on them. They got stuck, they asked for help, they connected to my rig they told me to pull. That way it's all on them in a nice and pleasant way. What every you do do not ask for payment. The law says you need a license and insurance for that.

This sounds like a good approach. A person's attitude toward the situation is sometimes a good guide. If they are calm and easy going, versus cussing and fussing, I am more likely to assist. A "throw-down" shovel might be good to keep on hand.

Thanks for the input.
 

achampagne

Explorer
I pulled 2 young snow boarders out the other day, they had parked off a trail to hike and do back country boarding and simply could not back out of the parking spot. They had no cash, no cell service and no one around except for me who had been hiking. I winched them out and they said thank you and were polite, we went on our seperate ways.
 

iluv83vettes

Adventurer
Hand them the strap with the shackle attached and say, "Attach this to whatever you don't mind being broken." Then check to make sure they didn't hook it up to the steering or something and that it isn't hooked up in a way that will damage your strap.
 

Ziv

Observer
What? No attorney, pre-inspection, signed liability release with 2 witnesses and post inspection by a qualified mechanic​? You simply helped someone that needed assistance?

Good on ya, achampagne. That's the way it's supposed to be done!
 

summerprophet

Adventurer
I am guessing 99.9% of the recoveries done are a simple tug. No need to worry about injuries, significant vehicle damage, or seriously taxing recovery gear as a result of the pull.

In these instances, hook them up and give them a pull. You are likely out of there in less than a few minutes with no loss to you, and a heapload of gratitude to you.

In the 0.01% of the time, serious risk and consequence, and perhaps more knowledge or equipment than you have is required. This is an area where friends and familly would get a pull, and even then, only after a critical eye is cast over the entire situation, and escape strategies and risk analysis is done. It may be a case of anchor the vehicle, and drive them out for better help (i.e. 5 ton tow truck).

For public highways, additional legalities must be considered, depending on the state law. If multiple vehicles are involved, or injury or sobriety is an issue, then giving them a tow could essentially be assisting in fleeing an accident site.
 

craig333

Expedition Leader
My preference is to help. I try and get feel for the person and the situation. If you have a brand new Porsche or Mercedes sorry, I'm not gonna risk it. Difficulty of extraction plays a part to. I'm more likely to do a simple tug than anything that involves bad angles, multiple lines etc. Even then it depends. Are you a fellow Jeeper or camper? How far out in the boonies? Wife and kids pleading for help? Blocking the trail?

I carry a big hook so I can usually find a place to attach but its so much nicer to see real attachment points on a vehicle.

Oh, and if you're the guy that passed me doing 50 on icy roads while I'm creeping along at 25 and I see you in the ditch? Not helping.
 
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Gator

Adventurer
When I come up on a stranded rig I willingly wait patiently until they ask for assistance. That way it was their idea. I also let them connect the tow strap. I'll inspect the connection but its all on them. They got stuck, they asked for help, they connected to my rig they told me to pull. That way it's all on them in a nice and pleasant way. What every you do do not ask for payment. The law says you need a license and insurance for that.

This is probably the best advice if you are not comfortable with your skills in feeling people out.

That's a pretty good strategy.

We had about 5" of snow fall a few weeks ago which is alot for one day in this area. I came accross three cars, a Silverado, Dodge Ram, and Honda Civic, all newer models, all 2wd and all stuck in a ditch after sliding off the road trying to climb a slight hill. None of the three had recovery points.
Silverado wanted me to pull him out, since he slid perpedicular to the road it would have been easy but me pulling from the tie down point on his truck would have surely removed his front bumper. I passed.
The Civic I was actually able to push out and get turned arround.
Big Dodge had both passenger side wheels in the ditch and driver side on the road. He had a tow hitch on the back where I could hook up a shackel. I tried pulling it back out the ditch but could see his rear wheel getting real extreme caster. I stopped, unhooked and left it to him to get himself out. I gave it some effort but in the end he was dumb enough to take a 2wd truck on street tires out in a bad storm I suppose he'd be dumb enough to blame me for messing up his truck too.

This is also critical, know what your capable of. Know the risks and never be afraid to inform the stuckee of potential risks. I have power lines a 1/4 mile from my house and routinely have people come up and ask for a rescue. I've rescued everything from teenagers to moms delivering pizza. The only people I have left was a drunk guy who appeared to be with a prostitute who drove off in a ditch on the side road. After a minute of him stumbling around, I told him I was going back to my house to get a special hook for his car. I called the police as soon as my truck was in drive. I refused to potentially be responsible for him getting free and killing someone on the road. The other were some kids on a 4 wheeler who I had already rescued and warned once before that I would not go onto a lake bed again.
Lator.....
 

fourstringfletch

Adventurer
Great advice guys. Stumpalump definitely nailed it in my eyes, and the only thing I would suggest in addition is to record this interaction. Most of us carry cameras of some sort, and I have to think that an image of the prosecution hooking up your strap to his antenna, then another of him pointing in the direction you pull would convince any judge who's to blame. Not to mention a video.
I enjoy helping people, so this is certainly good for me to think about. My natural instinct is to just get in there and hook up for them if I think I know better, but once again ExPo has me thinking from all angles!
 

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