LuigiVampa

If the lawyer takes the case on contingency they have to feel like there is a good chance to win or settle. If the plaintiff is paying them, which may be the case, they are happy to litigate no matter what the odds.

There is always the possibility of winning or losing and that is what appeals courts are about.

This guy may very well get some money out of an insurance company to go away but in the grand scheme of things it is not going to affect our ability to enjoy tracks. Should the track have removed the sandbag? Was it negligence? Was it gross negligence? Lots of ground to cover before the guy gets a dime so I agree that some settlement for a much smaller amount happens. Then the guy can pound his chest and say "I was right!"

Also, it seems weird that the plaintiff is in the motorcycle business yet he is pissing on that very segment although it seems he is not building track bikes but some weird looking things.

ShakeNBake

At COTA the other weekend, the track had construction for a Rallycross event coming up in September. Aside from there being dirt and mud on the track, there was a barrier up between T14 and T15 on the track's edge. I tend to track out on the curbing on the left, and there have been times when the car is loose. If something went wrong, a fellow would go directly into the temporary barrier at ~80mph. Now obviously if you are aware of it before hand, or have two eyes in your head, you're going to see it, and adjust how you process that series of corners. However, there were many folks who didn't show up for the drivers meeting to know it was there, and I've unfortunately been in the passenger seat of drivers who would not see it until we were getting out of the car and putting out the fire. So - should COTA have even fathomed that this is an OK temporarily solution? Is it ok that there is sand and mud on the track? I'm not sure how I feel about it - I'd blame myself for any incident, **** happens, this is a dangerous hobby. But, if I died in an incident due to this temporary condition of the track, I know my wife would be going for someone's jugular with her 20 years of product liability practice.

See in this video, on the left, at 1:40-1:50

Manifold

My impression is that most drivers are focused on the track surface and 'the line', and pay limited attention to specifics of runoff areas. I remember asking people in novice to intermediate classrooms about how many could describe the runoff of the track in some detail, and not a single hand ever went up. Even myself, after having closely inspected the runoff of a track hands-on, I need to remind myself to take a look at it when I get on track and continue to pay attention to it.

PJorgen

It's been noted a number of times that the plaintiff did not attend the drivers (riders?) meeting. This is an ongoing problems with the groups I track with. At least one group is considering putting some controls in place to prevent this. Wristbands will be distributed at the drivers meeting. No wristband - you don't get on track. You'll have to speak with the CI to get briefed and explain why you couldn't attend the mandatory meeting.

sundog

Every time I'm at Laguna, I see the rut from rain on turn 5 and remind myself what a bad place to go off. As such, I take precaution to not push it too hard there. And so far in all of our runs there people go off all over the track, but there.

Mvez

Fawk this guy. Sounds the same type of guy who will sue and litigate his way into and out of everything else in life. Meanwhile, he is probably taking the tax-payers for every cent he can, with his EV startup, with "green-initiative" cash and tax breaks. Will probably go belly up, and tax payers will bail him out in the form of bankruptcy.

Asshat screws up. Asshat wants to blame somebody else. Asshat gets paid to shut up.

Great system.

stownsen914

I'm sorry to say that I know of a serious accident that occurred a number of years ago that involved airlifting out a driver who reportedly didn't attend the morning driver's meeting, and wound up driving BACKWARDS on the track due to not knowing that we were running a different track configuration than the previous day (the track is an oval with multiple infield configurations). Ran head on into another car that was going full tilt, totally both cars and injuring him too. Attending the driver's meeting may seem at times like it's for noobs, but often there is important safety-related info. provided that all drivers need to hear.

LuigiVampa

Most driver's meeting are 99% going over things we all know and making jokes about certain drivers. Its that 1% of important information, like which direction we are driving on track, that people forget about when they choose not to attend the meeting.

FOS373

I race bikes and this has been a pretty hot topic. I've done California Superbike School at Laguna a few times and he could have made it. He target fixated pure and simple. Further, the sound meter is shortly after that corner and he should have been prepared to short shift to avoid potentially breaking the db level.

Additionally, the Washington Motorcycle Road Racing Association (WMRRA) just cancelled their round 1 race at Pacific Raceways due to an older lawsuit and insurance issue.

Overall, some pretty unfortunate events.

http://www.wmrra.com/

" ---FOR IMMEDIATE PUBLIC AND MEDIA RELEASE---

The Washington Motorcycle Road Racing Association is disappointed to announce the official cancellation of Round 1, at Pacific Raceways in Kent Washington.

In September 2017, WMRRA was notified of our then current insurance provider McNaughton, that the association had been absolved of liability regarding an on-track incident during the 2013 race-season. This incident resulted in a lawsuit naming both WMRRA and Pacific Raceways. Although WMRRA was absolved of liability, an arbitration judgment was made against the association's insurance policy which covered the track as an 'Additional insured' party for the race event. WMRRA race-staff had not been asked for testimony, or deposition during this arbitration.

2 weeks prior to our policy renewal date of March 1st- WMRRA was notified that its coverage would not be renewed. 6 weeks later, we have yet to procure an insurance provider willing to offer coverage, due to the judgment. Because WMRRA is unable to secure or guarantee, proper liability coverage we must announce the cancellation for Round 1 of the 2018 season, at Pacific Raceways. "

hf1

Wasn't there some ancient law which made the false accuser of a crime (tort) liable for the same punishment (damages) he is seeking from the accused, when/if his accusation is proven false in court? How many lawsuits would be avoided if the plaintiff was liable to pay the defendant a big % (say, at least 50%) of the damages he is seeking in case he loses the lawsuit? How about some skin in the game from all involved parties?

g-50cab

Where is the personal responsibility? If he went by those sandbags 9 times and thought it was unsafe - leave the driving surface safety [BEFORE YOU OVERCOOK A CORNER} and ask for a refund. If you see a temporary structure in a dangerous portion of the track - guess what? Leave - slow down - go talk to the organizer - It's that simple. All this is voluntary. None of this is required - but I can promise if this lawsuit progresses, even if there is a settlement, all it takes is a carrier to get cold feet and you can kiss the whole "Casual Track Day" experience goodbye. No insurance - No organizers - No Events... No Fun

MarcD147

^^ this
personal responsibility....

the next thing people will sue because they spun out while driving through a puddle on the track after some rain... (clearly bad maintenance or unsafe track layout and no need to slow down as it wasn't raining so tracks fault)

TRAKCAR

fatbillybob

https://altdriver.com/news/daniel-kim-motorcycles-crash-lawsuit/

I am the Walrus