I am hoping one of our resident attorneys will chime in on this. At our local track days, I am constantly asked if people can ride along. It is unusual that I even get a session alone in the car. Some of these people I have met before at previous track days, and others I have never met. I am not talking about close friends or people that I trust, but rather people I really do not know at all.

Am I opening myself up to a potential liability suit by letting these people ride in my car? If something were to happen, say serious mechanical failure, and I crashed the car and they were injured, is there a chance that I could be sued over it? Everyone who attends the track day signs a waiver, whether they are driving or spectating, stating that they take responsibility for themselves, it is risky and could result in injury or death, etc but honestly, the waiver is pretty weak in my opinion. These track days are not sanctioned by any official organization, just a group of local guys that rent the track. There is a website and the guy who runs it organizes these events, but it is not even an official car club with dues or anything, you register for a username and you are on the forum and invited to attend.

I guess I just want to know if I should be taking some extra precaution in terms of covering my ass. Whether it be having a serious discussion with any potential new passenger, having a waiver of my own, or just not taking people along. I know a lot of people give rides at autocross to people they do not know, but there is much less risk of someone being injured there. Even then, I have seen some people refuse at autocross. I am not sure if this is because they don't want the dead weight and want to be more competitive, or whether they just don't want to take a chance.

Your thoughts or suggestions...?

 

I'm an attorney and in a strict technical sense, yes you can be found liable. Sure, there is a strong assumption of risk argument, but if someone died and their family filed a suit it would be somewhat expensive to file the motion for summary judgment.

So basically calculate a 1% risk of incurring a $5,000 cost is it worth it for strangers?

 

^^^ not worth it hehehhe

 

Damn Ron I had no idea you were an attorney.

No legal knowledge to contribute. But as far as giving rides, close friends only for me.

I wonder if the same rules applies for instructors for the novice group.

 

Hmmm that is what I figured someone would tell me. Is there a way to protect myself, legally speaking? What if I have my own extensive waiver and a thorough discussion with anyone who wants to ride along? Would I need to go so far as to leave the GoPro on for these discussions? If it came right down to it, would this even save me?

Virtually everyone at these events lets anyone who asks ride along with them. However, (not to sound like some kind of prick, but...) a lot of these guys are young with little to lose, relatively speaking. A good friend suggested I get an umbrella liability insurance policy at a minimum, another recommended I just-say-no, and a third suggested I remove my passenger's seat before the track day to avoid the issue altogether and BONUS- shed some weight at the same time.

I hope more people chime in. Do any of you give rides at autocross events? Same issue, albeit with lower risk, since it is really unlikely a passenger would get injured or killed at autocross speeds. Even hard braking at an autocross could strain someone's neck, especially if they are not accustomed to wearing a helmet.

I hate to have to think this way, but let's face it, we live in a letiginous society. As much as I like to share my enjoyment of the sport, I feel a need to protect what I have worked so hard to attain and accomplish. Getting older sucks.

 

I would think that if the waiver is properly written that you are in the clear. I don't think the organization backing the event has anything to do with it. The reason I think you are in the clear is that even the SCCA allows ride alongs.

However, that doesn't stop someone from trying to sue as the attorney above stated.

 

at SCCA autox's everyone, even the driver's are covered under the SCCA liability, you waive your right to sue in exchange for being put on the insurance. Not sure about other types of events.

 

As someone who has had the experience of having to actually use insurance from an autocross incident, the insurance is for up to $1M for drivers and $10K for spectators. Both are supplemental personal injury only, not primary - you have to use your own insurance or, in our case, the driver's insurance to handle the injury claim.

Also, avoid GEICO...

 

Yea my wife and I have USAA (she used to have geico) who have been amazing when we have needed them and are much cheaper (we pay less for the S2k and Durango with a lower deductible combined than my wife was paying for just the Durango when she was on geico before we married. being in the military has its perks)

I did get in an accident at an autox but was uninjured so didn't use the insurance.

 

You never asked! When's your next track day? I'm thinking April in homestead and May 7th at Sebring.

Anyway, OP a release or additional waiver for your personal liability would likely be sufficient. I asked a personal injury attorney and he said that he wouldn't take a case on contingency (typical fee arrangement) if there was a additional, specific waiver for that ride along. That said, he's a good attorney and some sleazy ambulance chasers might take the case and file suit, but makes it less likely.

Ron