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Thread: Lit C-1 surfaces, sort of

  1. #11
    Old EV Racer EVcycle's Avatar
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    Quote Originally Posted by T Rush View Post
    yeah, I've seem that documentary too...kinda an eye opener

    but I've never done a track day....seems like you would have to sign off on any personal injury? no?
    I have done several races and track days. You sign a standard "at your own risk" type form.

    The case hinges on a fact that it states that the track is inspected before use.... that is the track.... not anything past the edge of the asphalt. (at least any of the inspections I was a part of)
    The inspection is normally looking for holes, loose gravel on the track, oil, etc.

    If it was an issue why did he not bring it up.

    In road racing you are taught to ditch the bike once you leave the racing surface.... Which he did .... on purpose or not.

    Racing is dangerous, even track days.. you do not go there to ride around at 35MPH...
    Last edited by EVcycle; 03 April 2018 at 0837.
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  2. #12
    Senior Member Stevo's Avatar
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    Quote Originally Posted by T Rush View Post
    yeah, I've seem that documentary too...kinda an eye opener

    but I've never done a track day....seems like you would have to sign off on any personal injury? no?
    Every MX race, enduro, hare and hound, and rr track day I've ever done required waiver and rider's meeting. Personally, I feel as many of you, that if you take your chances on a track or at a race, its all on you. Even if another rider causes you to have a mishap... its part of the experience. Ya you can get pissed at the other guy and get in his face after the race if you want, but it wont change anything.

    Fact of the matter is you can sue anybody for anything if you have enough dinero to retain a lawyer, and the person you are suing has to hire a legal team.... It's a vicious circle. Dog eat dog in the legal world because there are waaaayyyy too many lawyers !!!
    Last edited by Stevo; 03 April 2018 at 0930.
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  3. #13
    Senior Member Spaceweasel's Avatar
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    As one of the resident lawyer types around here, I thought I'd weigh in. The key here is "gross negligence". Generally speaking (see, there goes that lawyer-speak), you can't contract around gross negligence. This is the principle that is at stake here. Oil getting spilled on the track, other riders crashing into you, etc. - these might be negligence, but they probably wouldn't rise to gross negligence. But if the track day organizer spilled a barrel of oil on the corner after the riders meeting, didn't clean it up, and didn't flag it, then you would almost assuredly be in gross negligence territory. If I go to an indoor go-kart track my wavier would be expected to cover me crashing, someone crashing into me, or even getting burned on the engine - but not the roof falling down on me. If you operated the track and knew that your roof was in disrepair that would likely be gross negligence.

    Blaming him for not being a good rider misses the point. Track days are, after all, an opportunity to learn to be a better rider. Riding over your head is a foreseeable risk, and crashing because of that would be covered by his wavier. The question is if placing the bags there raised an unnecessary and unreasonable risk to the riders. I don't know the answer to that. His lawyers think it is, but the track operators argue that it wasn't.

    Blaming his lawyers for opening at $15m is simply questioning their negotiation skills. It's a red herring. Unless your vision of legal reform requires tortfeasors (one who commits a civil wrong - damn lawyer-speak again) and their insurance companies to accept and pay in full reasonable first offers you are only arguing that they should get off the hook for their actions.
    Last edited by Spaceweasel; 03 April 2018 at 1318.

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  5. #14
    Senior Member T Rush's Avatar
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    I know last year in a practice for Formula One racing one of the cars sucked a big metal storm sewer grate up off the track just enough to dislodge it
    ...then one of the Red Bull cars struck it and punctured a tire leading to a crash that totally destroyed a very valuable car and track time perpetration of that car and driver for the race
    ....I never looked up what became of that, but I know there was talk of a lawsuit, and they were having a very hard time trying to figure out the price of an F1 car

    but that was very clearly an issue with the track(on the track surface) and they quickly scrambled a team of welders to go around and get all the drains secured before any more cars could run

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