straw man alert. The skier was not in front of him, he MOVED in front of him. the skier above was perfectly in control until the snowboarder crossed into his path at the last second. You can say he saw him or should have saw him, but obviously he didn't until it was too late.
The correct way to say this, is that the skier above needs to ski slower if there is any possibility that some other skier may come out of nowhere into his path in such a way that he will no longer be able to stop in time.
This is no different then if a car makes a last minute decision to change lanes in front of another car without warning and the person rear ends that person because the environment has suddenly changed in front of him. Doesn't mean the faster driver was "out of control"
You are essentially saying the entire ski run is one big lane and there is no multiple lanes, but that is simply not true, people are getting in numerous virtual lanes on a ski run..they are not marked, but they do it and its fact of skiing on a busy run. to say the faster person was not in control is a fallacious statement. They were perfectly in control, until the rider from below changed the situation suddenly.
Now this implies that according to the ski code, faster skiers should not ever ski fast until they are ready to be able to adjust to just exactly that kind of change, doesn't mean they aren't in control, it means they are financially responsible for people below making last minute dumb ass decisions, legal or not.
first, he didn't come out of nowhere. They were together. 2nd, even in this short video the border and the snow kicked up from his turn can be seen left and just before the tower at the very start. He's on the same "trail" and after that he's either going to turn into the trees, or turn back into the trail, i'd guess he's going to turn back into the trail. as the uphill skier I'd have to adjust to that. The boarder wasn't "entering" or "starting" anything.
Other than being on a snowboard, the guy downhill didn't do anything dumb, and he wasn't sudden, unexplained, unreasonable, out of nowhere etc.
I mean, the "perpetrator" literally admits multiple times he was wrong, yet people still want to defend him? Pretty much the state of the world I guess.
because it justifies their shift in responsibility to someone else so they can ski however they want to.
You know, I don't care about the potential for a "wider" angle than his eyes in the video. #1, I don't buy it. I've been involved with these cameras and in the same situation without or watched later and pretty much every single time, what I saw with my own eyes was far better than what the video took at the same time picked up. and #2, that trail wasn't wide, and picking up someone a tower in front of you isn't difficult unless you can't see. If you can't see, you shouldn't be skiing that fast. But people want to, so they make up things like stay in your lane, he should look up, as if it supersedes the fact that the downhill skier always has the right of way.
It's so simple. Downhill skier has the right of way, no matter what they are doing. Ski accordingly. If everyone followed that rule we'd probably eliminate 99% of collisions on the hill, assuming skiers could actually adhere tot he 1st rule.
or if we want to focus on #4 and people looking up, even though they are already an active skier on the hill, well I can't even guess what that would eliminate because it adds a whole other level of variables. So what if they guy glanced up while turning across in this instance? what's he going to do? stop? as someone else said, at that speed? what if the uphill decided he was going to turn behind the border and was set up to do it and the boarder glances up and stops his turn and then gets blasted still. How can we shift blame in this? He stopped in my lane! LOL
or keep it simple. Avoid skiers downhill and ski in a manner that allows it. It means you can't always ski exactly how you want. Sometimes you have to adjust speed, stop, make a couple quick turns you weren't anticipating etc.