How NOT to drive on track!
#11
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I don't think I could actually bring myself to sue someone for an accident at a racetrack given the assumed risk of taking your car on the track; I think that is way too much like the current wussy culture. I would certainly hope that if the crash was due to blatant negligence such as this tool that he would be willing to settle it like a man. Given today's culture, probably not. Guarantee you he would go hide behind a cop/security guard/official.
#16
Originally Posted by s2000ellier' timestamp='1413561210' post='23373107
you can sue anyone for anything sure but can you actually win a lawsuit for a driving accident on a race track?
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I don't think I could actually bring myself to sue someone for an accident at a racetrack given the assumed risk of taking your car on the track; I think that is way too much like the current wussy culture. I would certainly hope that if the crash was due to blatant negligence such as this tool that he would be willing to settle it like a man. Given today's culture, probably not. Guarantee you he would go hide behind a cop/security guard/official.
#17
http://www.sportscarmarket.com/colum...or-4-5-million
Porsche sued - and settled
Estate of dead driver sued - also won
Track sued - also won
Two people died in the crash. The widower of the passenger sued anyone and everyone involved.
#18
Registered User
Old news, but... yes you can. AND, you can win too...
http://www.sportscarmarket.com/colum...or-4-5-million
http://www.sportscarmarket.com/colum...or-4-5-million
#19
In the case cited by Bullwings, the suit was apparently brought by the estate of a passenger in the driver's car. Since I’m not a subscriber to Sports Car Market, I don’t know any of the facts. There was a different California case in 2002 where a high bidder at an auction for a charity ride around was injured when the car (no seat belts, no helmet) accelerated to 140 mph, driver lost control and crashed. Court allowed the suit to proceed on the questions of whether the conduct of the race car driver and promoters of the charity event crossed the border into the realm of gross negligence and whether the release signed by the passenger was effective to exculpate driver and promoters for conduct constituting gross negligence.
Our driver in the video is not guilty of gross negligence, so although we can sue for all we want if he hits us or forces us off track, we’re not likely to recover even nuisance value.
In a case involving Lime Rock Park and Skip Barber Racing School in Connecticut, all of the defendants (including the offending student driver) were relieved of liability based on a signed release, similar if not identical to the release we all sign when we go out on track. The release stated that the signator “RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing association, sanctioning organizations or any subdivision thereof, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any Restricted Area FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.” The release extended to claims against car owners and drivers.
So I completely disagree with Bullwings. You cannot sue and win at a normal track day event. Stated differently you are on your own when you risk life, limb and property to go out on track.
Our driver in the video is not guilty of gross negligence, so although we can sue for all we want if he hits us or forces us off track, we’re not likely to recover even nuisance value.
In a case involving Lime Rock Park and Skip Barber Racing School in Connecticut, all of the defendants (including the offending student driver) were relieved of liability based on a signed release, similar if not identical to the release we all sign when we go out on track. The release stated that the signator “RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants, racing association, sanctioning organizations or any subdivision thereof, track owners, officials, car owners, drivers, pit crews, rescue personnel, any persons in any Restricted Area FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S), WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.” The release extended to claims against car owners and drivers.
So I completely disagree with Bullwings. You cannot sue and win at a normal track day event. Stated differently you are on your own when you risk life, limb and property to go out on track.
#20
Originally Posted by nissanfanatic' timestamp='1413682184' post='23374532
[quote name='s2000ellier' timestamp='1413561210' post='23373107']
you can sue anyone for anything sure but can you actually win a lawsuit for a driving accident on a race track?
you can sue anyone for anything sure but can you actually win a lawsuit for a driving accident on a race track?
...
I don't think I could actually bring myself to sue someone for an accident at a racetrack given the assumed risk of taking your car on the track; I think that is way too much like the current wussy culture. I would certainly hope that if the crash was due to blatant negligence such as this tool that he would be willing to settle it like a man. Given today's culture, probably not. Guarantee you he would go hide behind a cop/security guard/official.
[/quote]
Yup. Which is fine... We can meet at a gym with or without gloves. Problem with today: people don't take accountability for their actions and deal with their own problems. All I would want is a five minute round and I'd be fine to go have drinks with the guy afterward.