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Legal Concerns

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Old 08-28-2009, 11:56 AM
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hmmm something about deep pockets comes to mind...
that and, don't sue poor poeple.
Old 08-28-2009, 11:58 AM
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Thanks, guys. You've given me some food for thought as I sometimes help organize local drives.

As far as bystanders at Mardi Gras parades go, most are too intoxicated to remember which float did them harm. Actually, the parades here in Mississippi are pretty closely watched by law enforcement throughout the route, to insure no one on a float harms a bystander and vice-versa. Unfortunately we still have rare occasions when drunks literally do fall off floats and get hurt, or when overenthusiastic parade goers will run into the street to get some 50 cent bead strand and get hit by part of a float.

Actually, krew members invariably put a quick end to any nonsense and the perpetrators are not be allowed to ride in the future...Like our S2K cruises, we take our float rides pretty seriously. We may overindulge in adult beverages, jello shots, etc but we know how to behave. And of course our drivers never participate in the on-board revelry.
Old 08-28-2009, 12:31 PM
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Originally Posted by Legal Bill,Aug 28 2009, 10:41 AM
But if the participant who runs that guy over only has an S2000 purchased with a $25,000 loan and a job earning $25,000 a year, the injured guy is still going to try to collect from the organizer.
Maybe that's who should be organizing the events. As the cost of a used S2000 has dropped we have more and more owners with almost no assets. I say we sacrifice them on the alter of liability litigation.
Old 08-28-2009, 03:26 PM
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With every drive I have ever done, everyone signs a waiver that they are responsible for their driving and their actions and that they will follow the "rules of the road".

Also as the drive leader, I will not drive to the point of pushing my car, quickly yes, pushing it no. I think it the responsibility of the drive leader to keep a safe pace, which can be very hard when you don't know everyone who is in the group.
Old 08-28-2009, 04:06 PM
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I used to have everyone sign a waiver that was provided by the insurance company that had the overall policy for S2KCA. Can't remember the name. Anyway, you either signed the waiver or you weren't coming on the drive. I also had people sign "alcohol waivers" when I hosted S2K mid-winter gatherings. For the same reasons listed above.
Old 08-28-2009, 04:08 PM
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Question for Legal Bill --

After reading both this thread and your other thread -

Would a notice to participants something to the effect, - "During the course of the weekend, anyone who is issued a traffic citation for a moving violation will be banned from further participation"

Would a proviso such as the above be sufficient indication that reckless/dangerous driving is not part of the equation?

Or is this no different than W1ngman's thoughts?
Old 08-28-2009, 06:24 PM
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An interesting aspect to the discussion is it is not whether you're covered for the liability but are you covered for the legal costs of the litigation.

As an organizer, you may be viewed as having deeper pockets than the 19 year old who scraped together 9 grand to buy a screaming machine.
Being 19, he had to demonstrate his driving prowess by driving like an arse.
The official event may not have even started but something bad happens and the aggrieved party spots you.
Are you in any way culpable for the actions of this twit, hell no but this doesn't mean you won't rack up a hefty legal fees proving you're not.
Old 08-28-2009, 07:07 PM
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Originally Posted by Raff,Aug 28 2009, 07:08 PM
Question for Legal Bill --

After reading both this thread and your other thread -

Would a notice to participants something to the effect, - "During the course of the weekend, anyone who is issued a traffic citation for a moving violation will be banned from further participation"

Would a proviso such as the above be sufficient indication that reckless/dangerous driving is not part of the equation?

Or is this no different than W1ngman's thoughts?
Will you and every other car be driving at or under the posted speed limit? What difference does such a document make when the group leaders are taking the tour at 10, 15 or 20 mph over the posted limit. I've never been on a group drive that didn't get a little frisky at some point. And most drives I've gone on were down right fast from begining to end. We may all think 10 or 20 mph over the posted speed limit is still within the margin of safety, but the jury will be looking at an accident that occurred at "excessive speed."
Old 08-28-2009, 07:10 PM
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Originally Posted by boltonblue,Aug 28 2009, 09:24 PM
An interesting aspect to the discussion is it is not whether you're covered for the liability but are you covered for the legal costs of the litigation.

As an organizer, you may be viewed as having deeper pockets than the 19 year old who scraped together 9 grand to buy a screaming machine.
Being 19, he had to demonstrate his driving prowess by driving like an arse.
The official event may not have even started but something bad happens and the aggrieved party spots you.
Are you in any way culpable for the actions of this twit, hell no but this doesn't mean you won't rack up a hefty legal fees proving you're not.
Most liability policies include a defense benefit. The question is, does the policy cover you for the liability you are being charged with?
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