Drag Racing Tech - Drag Racing Accidents opinions




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bigboykilroy
10-17-2010, 07:27 PM
I was talking with some people at the track this weekend and was wondering what you all think. Here is the scenario:
You are racing at the track, the person next to you has a malfunction and a part of their car (tire, axel, rod, piston, moon roof, etc) comes and hits your car. What do you do other than apologize? Is it just a risk of racing? What are your thoughts. I found may different opinions. (We had a crash at our track)


SuperSlow02
10-17-2010, 07:31 PM
Far as I know..risks of racing

xpndbl3
10-17-2010, 07:37 PM
IF the other guy who caused the issue is a stand up person he should attempt to make it right somehow. But realistically you sign that waiver entering the track and he is not obligated to do a thing.


jcoosi
10-17-2010, 07:44 PM
Its a risk we all take and the most the person could and should do is say im sorry and the other person in return should reply its just part of racing.

BlackScreaminMachine
10-17-2010, 08:11 PM
If the accident was the fault of something that clearly could have been avoided or the guy did not let up on a uncontrolable car, then I would need way more then an apology.

Bill00Formula
10-17-2010, 10:29 PM
I never really thought about this. I do avoid racing crazy fast cars. If I line up with one I just wait till the other car goes.

When I race I do understand that the insurance company will not cover my car.

In most cases when someone can't drive they don't start very fast so I have already cleared them.

I probably would not think/expect most drivers (if any) would cover the cost of the damage to my car.

dlove
10-17-2010, 10:46 PM
What would you say if the guy had a 2500hd truck that thought it would be a good idea to take off the front brakes? Or if the guy thought he could get drag shocks by drilling some holes in his stock shocks....

chvypwr31
10-17-2010, 10:55 PM
What would you say if the guy had a 2500hd truck that thought it would be a good idea to take off the front brakes? Or if the guy thought he could get drag socks by drilling some holes in his stock shocks....

i would hope ur joking but unfortunetly theres people stupid enough out there to do that. but in the instance someone else either crashes into you or causes damage to your car once your on the racing surface thats the risk you take, if they lose control of their car and crash into you each person is liable for there own car. just a risk you take while racing -tony-

heymoej
10-17-2010, 11:05 PM
if something blows like motor,trans or rear & causes you damage.....thats unfortunate & unintended.no malice or harm ment.

now if someone is being stupid or careless & something happens....thats another story.i am not gonna pay for someone elses stupidity.

bigboykilroy
10-17-2010, 11:23 PM
I'm talking like hoods coming off, wheels, t-Tops, spoilers.

Hopefully Tech will sort out the people just bringing piles of crap to try to "race"

kmracer
10-18-2010, 12:17 AM
what would you say if the guy had a 2500hd truck that thought it would be a good idea to take off the front brakes? Or if the guy thought he could get drag socks by drilling some holes in his stock shocks....

hahahaha!!!

Reaperchild
10-18-2010, 04:58 AM
there must be some legal insurance just to protect race cars .... but scince insurance company's don't cover racing then F**K that dude z dead =s

JL ws-6
10-18-2010, 06:13 AM
You have something happen to your car while going down the track, wether it's your fault, the other guy's fault, part failuer, whatever, that's tough luck.

There si ABSOLUTELY nothing anywhere that says if a guy croosses the center lane and total's your car that he owes you a thing.

It sucks, but that's RACING. If you can't afford to lose the car, then you shouldn't be racing it.

There's a reason why insurance companies don't cover this sort of thing... so do it at your own risk!

BADD SS
10-18-2010, 06:38 AM
http://www.racecarinsurance.net/

Fireball
10-18-2010, 06:44 AM
racing is assumed risk...the other guy owes you nothing...

there are a few different options for on-track insurance...not cheap, but you never know :nod:

JL ws-6
10-18-2010, 07:09 AM
http://www.racecarinsurance.net/

I should have made note to say "normal" insurance.

For a price you can insure anything. Race car insurance, is an option, but it's not a cheap one. I've looked into it in the past, for coverage for the trailer, car etc, from fire, theft, natural disaster, that sort of thing, and while it's sitting in the pits (in case someone hits the car while it's sitting there) isn't too bad, if you want coverage for while the car is going down the track, it gets pretty pricy.

Villain281H
10-21-2010, 07:26 PM
If the accident was the fault of something that clearly could have been avoided or the guy did not let up on a uncontrolable car, then I would need way more then an apology.
Agreed!

As mentioned, it's risky and sh*t happens! Most racers I've met would feel bad and try to help out if they caused it, even if it was nothing that could have been done to avoid the wreck.

Derek

Tireburnin
10-21-2010, 08:59 PM
If there is negligence involved you had better believe you would see me in court. You can only assume the risk of known dangers...not negligence. If it is an NHRA track there are rules that need to be followed for safety. It would be pretty clear negligence if you were racing and not following such rules.

Your normal insurance will NOT cover you on the track.

Your requirement at act like a reasonably prudent person follows you everywhere.

ryarbrough
10-21-2010, 09:40 PM
I've nearly been in that situation. I was racing in Import v. Domestic last year at MIR and had a honda literally start falling apart in front of me at the 1000 foot mark. I had pieces of his front bumper, a mirror, and who knows what else in my lane before the guy started to make a move for the center line.

I made a stupid mistake and started to get onto the brakes and move away from his mess. I guess at that time I was more concerned about the possibility of hitting another racer than worrying about my car. Either way it was a stupid "rookie" mistake. The car got into some stay dry/dust/dew or whatever and got sideways across the center line right at/past the stripe. I had just jetted it up (this was the last time the car has made a full pass on the bottle due to major mods this season) and I crossed the stripe with a 10.2 @ 95. Based on that I have to assume I was around 130 around the time I got on the brakes. I got lucky and was able to collect the car.

I got off the track, gathered myself, and went over to congratulate the guy on his win (no matter how ugly it was). I saw body pannels held on with zip ties and a ton of other half-assed work on the car combined with the driver and his buddies/crew sitting around half lit (except for the driver) laughing about the "stupid domestic fag" that they had "scared off the track". I ended up tearing the guy a new one (only verbally of course) to which he gave me the, "It's racing, STFU," response.

THOSE ARE THE GUYS THAT NEED TO NEVER BE ON A RACETRACK AGAIN!

I understand there's a risk in losing literally EVERYTHING every time I strap myself into the car, but guys who run haggard hunks of shit need to be dealt with in the most severe way possible. I see it far too often at local tracks and have a heartened distaste for it (if you couldn't already tell) most especially after this incident.

Anyway... Back to your regularly scheduled program.

gringo dfw
10-21-2010, 09:51 PM
Here is my .02, so sit down and listen beotch...

When i raced a few times in the past, i would pay very close attention to other peoples rides (cars or bikes) and check out things that play a big role in the race... if shit didnt seem up to par, i would back out or ask them to address their shit.

When i took a 750gsxr out with nitrous before we took it to an auction, i watched the other people i would race as they came up to the strip and heated their shit up...

My point: you can tell someone who has no experience and someone who knows that he/she/it is doing with their mode of transpo. It is a risk you take when you enter a race. accidents do happen and its a part of life. I have been in a few close calls before and i am very satisfied with the fact my buddies were on a walkie letting me know when she almost got horrible.

gringo dfw
10-21-2010, 09:54 PM
SMH10 Bluetooth Headset/Intercom << the money on a setup that attaches to a helmet that keeps you in immediate access to a spotter in case shit jumps off....

ryarbrough
10-21-2010, 09:55 PM
so sit down and listen beotch...


Totally necesisary :eyes:

BTW, "spotters" aren't legal in many classes.

gringo dfw
10-21-2010, 10:00 PM
Totally necesisary :eyes:

BTW, "spotters" aren't legal in many classes.



"Necesisary"? you must mean necessary?

I can ask two things of you, sir.

first, Learn sarcasm. I am almost NEVER serious when I'm talking stupid shit.

Second, Learn to spell. Nothing is funnier than someone who cant spell trying to insult someone.

ryarbrough
10-21-2010, 10:02 PM
God forbid I have a lapse of taste in both sarcasm which was seemingly directed at my post and spelling after a 12 hr. work day and 3hrs worth of class. BTW, no insult was intended. Just seemed like a poor time for that sort of comment.

The next IE needs spell check.

gringo dfw
10-21-2010, 10:03 PM
But back on topic, a car is rebuild-able. If anything happens all i hope is that i am 110% ok and have all my abilities.

gringo dfw
10-21-2010, 10:08 PM
@ryarbrough - sorry for snapping off man... I apologize.

ryarbrough
10-21-2010, 10:21 PM
NP... just took it the wrong way I guess.


I really need a beer.

Phil99vette
10-22-2010, 10:24 AM
racing is assumed risk...the other guy owes you nothing...

there are a few different options for on-track insurance...not cheap, but you never know :nod:

I checked into it... $3500 per year.

Phil99vette
10-22-2010, 10:24 AM
Oh and its a risk you take.

Tireburnin
10-22-2010, 12:32 PM
There is pretty good case law on this issue. If someone hit my 50k car I would seek legal remedy.

fenton06
10-22-2010, 02:30 PM
If ya'll are lookin for race car insurance - get in touch with Bill Lutz. He's over on the bullet, and his rates aren't bad.

ryarbrough
10-22-2010, 02:35 PM
There is pretty good case law on this issue. If someone hit my 50k car I would seek legal remedy.

I'd love to see that. But I seriously doubt that it's specific enough to cover a car competing in a race.

BLK02WS6
10-22-2010, 03:07 PM
Don't pull up to the starting line unless you are ready to lose everything up to and including your life... You may have recourse with the track if they did not properly tech a car and it caused an accident with negligence, but I doubt you could prove it... Stuff happens in racing...

Tzion_ben_Arthur
10-23-2010, 11:24 AM
Don't pull up to the starting line unless you are ready to lose everything up to and including your life... You may have recourse with the track if they did not properly tech a car and it caused an accident with negligence, but I doubt you could prove it... Stuff happens in racing...

Well said... I say a prayer, activate the TB, and put her on the floor. What happens over the next 8 or 9 secs is part of the experience.

94Z28rag
10-24-2010, 04:39 PM
You guys are stoned if you think you deserve something from a fellow racer - his fault or not - or have a legal stance if something happens on the racetrack. It's an assumed risk of both parties. If you have a problem with that, don't race.

JL ws-6
10-24-2010, 06:20 PM
^^ This

Tireburnin
10-24-2010, 08:59 PM
Its amazing how people on the Internet always know more about someone else's job than they do. Next time your doctor tells you something, be sure to tell them that they are stoned if they believe that.

As in any sport, a participant agrees to the risks associated with participating within the rules. When someone fails to follow the rules either intentionally or negligently liability arises. Assumption of the risk is a defense that may not be available to some risks/situations and reckless conduct is not protected by this defense.

It is one thing to have something break or fail causing a true accident. It is quite another to have a person that feels that safety and other reasonable precautions do not apply to them resulting in an accident. These are the accidents caused by idiots who know their car is leaking fluid, using the wrong lug nuts, or possibly the use of tires inappropriate for the situation.

I don't care to delve further into specifics, examples, or reasoning. Take care and race safely.

Golf&GM
10-25-2010, 03:09 PM
Every track I've raced at I've had to sign a waiver freeing the track of any liability. I never really read it through it completely but I'm fairly sure there's something in there mentioning that I am the only person responsible for my property and I assume the risks. Although every track is different of course.

I get the point Tireburnin is making, but if you sign a waiver that says what I've mentioned above, you're SOL.

CamaroRacing12
10-25-2010, 06:04 PM
i pray for the safety of myself and my vehicle before every run. because i know im risking it all once i break the beams

94FBIRD
10-25-2010, 09:33 PM
i pray for the safety of myself and my vehicle before every run. because i know im risking it all once i break the beams

I do the same.

ls1curt
10-30-2010, 06:21 PM
just got back from the track. one of my good friends had her 2010 bmw 335i there. she was in thelane with the exit on her side and decided to go for the second exit. the civic that was next to her decided to take the first exit and cut across right in front. hit the front pass. side on the beamer and wrecked the civic too. all airs bags came out and the car is prob. close to being totalled. she def wont get anything from the civic owner and idek if her insurance will do anything. its a risk you take but at least everyone was okay

Wnts2Go10O
10-30-2010, 08:16 PM
ls1curt: they might as at the time of the accident she wasnt racing

i read through this whole thread and heres my $.02: no, another racer does not owe you anything. however, i some racing circles, like road racing, theres a bit of a gentlemens agreement on the aggressor helping you get your shit fixed if they punt you off the track.

Joshiedoom
10-30-2010, 08:32 PM
Its part of the risk, but what pisses me off is the the people who race knowing their crap could fall apart. I wont make a pass if something doesnt feel right, the ziptie crowd brings a lot of cash in with test and tunes so I can see why tracks dont mind it once you sign the waiver. I requested a quote for my trans am from that company. Value 12500 and my current ET. Ill post what they say...

Joshiedoom
11-01-2010, 01:22 PM
Joshua: The on track coverage for your car would be approximately $400
per year. To cover the car 24/7 i.e. on and off track would be
approximately $550. You can contact me if you want an exact quote and
details of the program. Thanks Dick Ferguson

Thats the email I got from that website earlier.. hell it might be worth it

Golf&GM
11-01-2010, 01:30 PM
Maybe I missed it but what company is that quote from?

Joshiedoom
11-01-2010, 01:36 PM
Maybe I missed it but what company is that quote from?


http://www.racecarinsurance.net/

Bobsmyuncle
11-01-2010, 04:30 PM
insurance is good on the STREET. :D

1320
11-02-2010, 11:18 PM
If there is negligence involved you had better believe you would see me in court. You can only assume the risk of known dangers...not negligence. If it is an NHRA track there are rules that need to be followed for safety. It would be pretty clear negligence if you were racing and not following such rules.

Your normal insurance will NOT cover you on the track.

Your requirement at act like a reasonably prudent person follows you everywhere.

Sean, this is not true. It is infact ok to be negligent. They make no promise of rules to be followed, adhered to or that negligence wont prevail. You infact assume the risk of all dangers, known or not......NHRA actually goes out of their way to tell you that it is UNSAFE.....and that you assume the risk of the unsafe act.

You can with out a doubt, run someone over, drive directly into someones car in the pits, (dileberately killing them) and claim you lost control, the throttle stuck...etc etc....and you will get away scott free.

Their is even a case to cite.

Tireburnin
11-02-2010, 11:30 PM
Sean, this is not true. It is infact ok to be negligent. They make no promise of rules to be followed, adhered to or that negligence wont prevail. You infact assume the risk of all dangers, known or not......NHRA actually goes out of their way to tell you that it is UNSAFE.....and that you assume the risk of the unsafe act.

You can with out a doubt, run someone over, drive directly into someones car in the pits, (dileberately killing them) and claim you lost control, the throttle stuck...etc etc....and you will get away scott free.

Their is even a case to cite.

LOL

Send me a PM with your case cite. I'd love to read the case. I'm curious what the facts were and what jurisdiction heard that case.

But you do see the irony and fallacy in your statement that it is, "infact ok to be negligent?"

ryarbrough
11-02-2010, 11:39 PM
When you sign the waiver, chances are, you sign away the right to ANY legal action against anyone. Even if you didn't, criminal negligence is hard to prove. It would be damn near impossible to prove in amatuer racing organizations where nobody is required to have training to participate. Any good defense lawyer would be able to win that suit at the motion to dismiss stage.

Tireburnin
11-02-2010, 11:58 PM
When you sign the waiver, chances are, you sign away the right to ANY legal action against anyone. Even if you didn't, criminal negligence is hard to prove. It would be damn near impossible to prove in amatuer racing organizations where nobody is required to have training to participate. Any good defense lawyer would be able to win that suit at the motion to dismiss stage.



I don't believe there are any prosecutors in this thread, so I doubt criminal negligence is at issue here.

And despite my intent to avoid discussing this topic with people unprepared to discuss it at a relevant level, an NHRA track waiver 'likely' (because I don't have one in front of me) requires participants to agree to its rules (safety).

Additionally, my original post mentioned seeing the other racer in court...not the track. If a person signs a waiver that they have no intent to follow liability arises.

ryarbrough
11-03-2010, 12:12 AM
I don't believe there are any prosecutors in this thread, so I doubt criminal negligence is at issue here.

And despite my intent to avoid discussing this topic with people unprepared to discuss it at a relevant level, an NHRA track waiver 'likely' (because I don't have one in front of me) requires participants to agree to its rules (safety).

Additionally, my original post mentioned seeing the other racer in court...not the track. If a person signs a waiver that they have no intent to follow liability arises.


I'm just going to make light of your poor assumptions with regard others level of farmiliarity with the law. No way a judge will find civil or criminal liability due to neglegence in an inherently dangerous ametuer level sporting event unless one could prove malice towards the other driver. NOT GOING TO HAPPEN.

If the person responsible said I want to kill the guy in the other car so I'm going to hit him/loosen my lugs so my wheel hits him/etc. before or after the incident, the plaintiff would have a case. Othewise, however, he or she is wasting both his time and the courts resources (possibly even enough for the judge to award costs and/or sanctions).

Tireburnin
11-03-2010, 12:34 AM
I'm just going to make light of your poor assumptions with regard others level of farmiliarity with the law. No way a judge will find civil or criminal liability due to neglegence in an inherently dangerous ametuer level sporting event unless one could prove malice towards the other driver. NOT GOING TO HAPPEN.

If the person responsible said I want to kill the guy in the other car so I'm going to hit him/loosen my lugs so my wheel hits him/etc. before or after the incident, the plaintiff would have a case. Othewise, however, he or she is wasting both his time and the courts resources (possibly even enough for the judge to award costs and/or sanctions).


I guess we will have to agree to disagree. The joy of the law is that there are two sides to every story and opinions differ.

You feel that only malice would rise to the level necessary for liability, but I believe a driver on an NHRA track who seeks to run out of their time/speed limits would fall in that same category.

Ex. The driver who goes to the track with a car they know runs faster than 10.0 or 8.5 or whatever. If that driver were not licensed, did not have the required safety equipment etc. Then those actions result in an accident.

In my oppinion, that is the kind of wanton and wilful behavior that rises above mere negligence. A person acting in that manner is intentionally creating a dangerous situation by breaking rules that are clear to them and outlined in their waiver and at tech.

Think of it as the late intentional hit in football. You are trying to break rules that are in place for driver safety in this instance.

Tireburnin
11-03-2010, 02:37 AM
Because I got bored and thought it might enlighten some discussion among us:

Bowen v. Kil-Kare, Inc.
63 Ohio St.3d 84, 585 N.E.2d 384

Willful and wanton conduct is not protected by release of liability. That case is from stock car racing and is pretty damn on point to what I have been discussing all along. It pertains to release and wilful or wanton conduct by the track/organizer. This concept would easily extend to a driver who caused an accident by knowingly disregarding safety requirements.

Additionally;

"The Sixth Circuit has held that, under Kentucky law, an agreement releasing a race track owner from liability only bars claims for ordinary or gross negligence, and not for wanton or willful negligence. Donegan v. Beech Bend Raceway Park, Inc., 894 F.2d 205, 208 (6th Cir.1990)"

Another;

Beaver v. Grand Prix Karting Ass'n, Inc. - 246 F.3d 905

This is Indiana law stemming from a go karting accident where the court held the wilful and wanton conduct is not bared by a release.


I could really go on and on, but I think it is pretty clear that as racers we need to act reasonably and safely. If a car is dangerous/unsafe, or doesn't fit the rules, liability arises for all the parties involved because participants consent to the rules of the race and not a wanton disregard for safety.

This is all for discusion purposes and is not meant as advice.

ryarbrough
11-03-2010, 09:32 AM
You seem to be attempting to collude neglegent activity with wanton and willful behavior. There is a HUGE difference there, which I attempted to post an example of earlier.

Tireburnin
11-03-2010, 10:02 AM
You seem to be attempting to collude neglegent activity with wanton and willful behavior. There is a HUGE difference there, which I attempted to post an example of earlier.


You seem to have the inability to admit you are wrong and/or some sort of reading comprehension issue. I quoted the relevant statements I made in this thread below. I even bolded the relevant portions.

It is pretty clear what I was talking about. No one is free to act as they desire on the race track. A mere accident (negligence) is one thing, but much of the behavior that leads to crashes on the race track can easily be traced to far more culpable conduct.

But this is all getting very tangent and unnecessary for this forum/thread. I think I will leave it be at this point because it is doubtful further discussion on the issue would be of any benefit.


If there is negligence involved you had better believe you would see me in court. You can only assume the risk of known dangers...not negligence. If it is an NHRA track there are rules that need to be followed for safety. It would be pretty clear negligence if you were racing and not following such rules.

Your normal insurance will NOT cover you on the track.

Your requirement at act like a reasonably prudent person follows you everywhere.

***Yes I used the term negligence above, in its basic form, but that is the first post where I didn't think it was appropriate to describe conduct as wilful or wanton. Yet it still refers to a disregard of the rules which is a reference to wilful and wanton conduct.***

Its amazing how people on the Internet always know more about someone else's job than they do. Next time your doctor tells you something, be sure to tell them that they are stoned if they believe that.

As in any sport, a participant agrees to the risks associated with participating within the rules. When someone fails to follow the rules either intentionally or negligently liability arises. Assumption of the risk is a defense that may not be available to some risks/situations and reckless conduct is not protected by this defense.

It is one thing to have something break or fail causing a true accident. It is quite another to have a person that feels that safety and other reasonable precautions do not apply to them resulting in an accident. These are the accidents caused by idiots who know their car is leaking fluid, using the wrong lug nuts, or possibly the use of tires inappropriate for the situation.

I don't care to delve further into specifics, examples, or reasoning. Take care and race safely.

I don't believe there are any prosecutors in this thread, so I doubt criminal negligence is at issue here.

And despite my intent to avoid discussing this topic with people unprepared to discuss it at a relevant level, an NHRA track waiver 'likely' (because I don't have one in front of me) requires participants to agree to its rules (safety).
Additionally, my original post mentioned seeing the other racer in court...not the track. If a person signs a waiver that they have no intent to follow liability arises.

ryarbrough
11-03-2010, 10:22 AM
I'm glad we're settled that someone has a problem here. :eyes:

Having an accident due to something which may be deemed negligent (such as a failure to comply with a safety rule, zip tie holding a fuel line/overflow/brake line, etc) does not automatically make it negligence classifiable as "wanton and willful." There is a presumed level of probability or injurt/loss that must be met before liability can be assumed. My post states that we disagree on the level of probability needed for that limit to be reached, not that you can do whatever the hell you want.

Tireburnin
11-03-2010, 10:48 AM
I'm glad we're settled that someone has a problem here. :eyes:

Having an accident due to something which may be deemed negligent (such as a failure to comply with a safety rule, zip tie holding a fuel line/overflow/brake line, etc) does not automatically make it negligence classifiable as "wanton and willful." There is a presumed level of probability or injurt/loss that must be met before liability can be assumed. My post states that we disagree on the level of probability needed for that limit to be reached, not that you can do whatever the hell you want.


I must be in an argumentative mood today because this post was able to draw me back in.

We disagree as to a material issue of fact that may or may not give rise to a cause of action. Your exact statements on the issue are below...and they are wrong.

I'm just going to make light of your poor assumptions with regard others level of farmiliarity with the law. No way a judge will find civil or criminal liability due to neglegence in an inherently dangerous ametuer level sporting event unless one could prove malice towards the other driver. NOT GOING TO HAPPEN.

If the person responsible said I want to kill the guy in the other car so I'm going to hit him/loosen my lugs so my wheel hits him/etc. before or after the incident, the plaintiff would have a case. Othewise, however, he or she is wasting both his time and the courts resources (possibly even enough for the judge to award costs and/or sanctions).

When you sign the waiver, chances are, you sign away the right to ANY legal action against anyone. Even if you didn't, criminal negligence is hard to prove. It would be damn near impossible to prove in amatuer racing organizations where nobody is required to have training to participate. Any good defense lawyer would be able to win that suit at the motion to dismiss stage.



As you can see from the quoted text above, you claim (wrongly) that NO cause of action can stem from conduct on the track once a waiver is signed. This is incorrect and I posted case law that clearly supports my statements.

Whether or not a person could prevail on a claim of negligence stemming from wilful or wanton conduct is a matter of fact for a jury to determine. If you read my first post it says that you could wind up in court. It would depend on the facts who would prevail, but it is indisputable that a claim could be brought.

A disregard of the safety rules would not be hard to prove and such conduct could rise to wilful and wanton disregard depending on the facts. If this conduct results in an accident there could be liability. It is wholly inappropriate to claim that ANY conduct or risks are assumed simply because a waiver is signed. Signing that waiver does not entitle participants nor the track to act as they see fit. Thus, as racers it is important for us to take care and race safely.

Joshiedoom
11-03-2010, 11:21 AM
Speaking of that could someone send me the info and full story of the Beech Bend case?

tee-boy
11-03-2010, 12:58 PM
down here, our state actually has a law on the books supporting the waiver. It is relevant to all outdoor moto sports - even Yugo mud racing as shown in my avatar (that's my old 86' with the big block and 4 brl Rochester).

one other thing not mentioned is whether the event is covered or not.

Tireburnin
11-03-2010, 01:13 PM
down here, our state actually has a law on the books supporting the waiver. It is relevant to all outdoor moto sports - even Yugo mud racing as shown in my avatar (that's my old 86' with the big block and 4 brl Rochester).

one other thing not mentioned is whether the event is covered or not.



Very true that some states have ruled in favor of the waiver's ability to preclude many actions but not all.

On the exact opposite side, some states have enacted statues that expressly prohibit entertainment based venues (ones that take tickets for money like drag racing strips) from disclaiming/releasing liability for negligence in some predefined situations.

There is a huge divergence on this issue.

tee-boy
11-03-2010, 02:30 PM
Very true that some states have ruled in favor of the waiver's ability to preclude many actions but not all.

On the exact opposite side, some states have enacted statues that expressly prohibit entertainment based venues (ones that take tickets for money like drag racing strips) from disclaiming/releasing liability for negligence in some predefined situations.

There is a huge divergence on this issue.

it's a statute here; not a ruling. Majority of law in this state is "on the books".

1320
11-04-2010, 09:32 PM
I know of four incidences.....

1. a track worker, playing with his dog ran onto the drag strip. A motorcyclist hit the dog, crashing....

2. a racer rear ends another racer at 60+ mph, because the dark return road (one lane) and one car virtually stopped.

3. a roof rack comes off a turbo vw and goes into the other lane, causing the racer to try and not hit it, which in the end caused a collision with the gaurd rail.

4. this isnt an incident, but just track procedure........cages, jackets, rules followed until 9 pm....after.....the magical hour of 9 pm, you can run 8.0 with a passenger in shorts and no helmets or roll bars at all if you want.

All the collisions were ruled as expected dangers.....the track didnt even pay medical bills for the rider that hit the dog.

tee-boy
11-05-2010, 08:40 AM
and the same type of situations can occur on any public street.

I worry about safety first, and whos going to pay last.

Luckily, I've got enough in the bank to insure myself.

AnnivSS
11-05-2010, 08:45 AM
If i was racing and my opponents car came apart and damaged my car. Id kindly meet him in the pits afterwards and ask him if he would be willing to help repair any damage to my car. If he says no f off and go away, id call him a prick and walk off lol.

tee-boy
11-05-2010, 09:57 AM
no you wouldn't walk off. You'd take pictures, gather evidence, and hire a lawer.

AnnivSS
11-05-2010, 10:15 AM
Have you ever read the liability waiver you sign when you run your car? Theres things called associated risks my friend. Sometimes its easier just to shrug it off and move on. Most likely its going to cost less to fix my car than it would be to hire a lawyer and have the chance of not benefitting any.

tee-boy
11-05-2010, 10:55 AM
Have you ever read the liability waiver you sign when you run your car? Theres things called associated risks my friend. Sometimes its easier just to shrug it off and move on. Most likely its going to cost less to fix my car than it would be to hire a lawyer and have the chance of not benefitting any.

yeah, i've read it. I get free legal services, so it doesn't bother me. Many lawers and judges in the family.

hell, my cousin is the state rep in the jurisdiction of our track.

what the hell am i worried about.

Life is good.:chug:

358chevycamaro
11-05-2010, 04:49 PM
Hartland Ins Co quoted me right at $1300 for a year on track and off for just the car and $30k worth of coverage for my car and up to $50k on the other car with a $1k deductible. Nearly half of what Lutz wanted and seems to cover everything. I plan on going with them once everything is finished with tw car this winter to protect my investment with about another $10k of coverage. For a little over a $100/month for on track and off I can't afford not to purchase it.

94Z28rag
11-06-2010, 08:54 PM
You guys are stoned if you think you deserve something from a fellow racer - his fault or not - or have a legal stance if something happens on the racetrack. It's an assumed risk of both parties. If you have a problem with that, don't race.

I'm quoting myself again because it should have been the post that ended this thread. :lol: You guys are ridiculous.:eyes:

fergymoto
11-06-2010, 10:39 PM
yeah, i've read it. I get free legal services, so it doesn't bother me. Many lawers and judges in the family.

hell, my cousin is the state rep in the jurisdiction of our track.

what the hell am i worried about.

Life is good.:chug:

No surprise someone like you would grab a lawyer then. Don't you have any dignity? Sue happy society we live in.

joblo1978
11-08-2010, 12:52 AM
IMHO it is unrealistic to think that a 22 yr. old kid that keeps his heap together with zip ties is going to be able to be able to muster up the cash for any damage that he causes to you or your ride.

So what happens in the world of professional motorsports like NASCAR when someone spins out and ends up taking out half of the field? Do his sponsors or insurance pay for all the damage he caused? Of course not. What if he loses a tire and it flies into the audience and kills a spectator? Not his fault, tragic and sad, but still not his fault and it cannot be proven.

tee-boy
11-08-2010, 09:56 AM
No surprise someone like you would grab a lawyer then. Don't you have any dignity? Sue happy society we live in.

Yeah, and you can get yourself a social work certificate, and that'll do wonders for your career. Then, I'll do everything I can to make your life miserable.

AnnivSS
11-08-2010, 10:02 AM
IMHO it is unrealistic to think that a 22 yr. old kid that keeps his heap together with zip ties is going to be able to be able to muster up the cash for any damage that he causes to you or your ride.

So what happens in the world of professional motorsports like NASCAR when someone spins out and ends up taking out half of the field? Do his sponsors or insurance pay for all the damage he caused? Of course not. What if he loses a tire and it flies into the audience and kills a spectator? Not his fault, tragic and sad, but still not his fault and it cannot be proven.

If you dont think that the team would be paying for spectator injuries you are sadly mistaken my friend. And yes, im pretty positive that if one car wrecks and takes out 7 others, while they may not take full responsibility for the other cars but they are damned sure going to help out. Besides noone said anything about nascar. The hypothetical was IF you are racing, and an opponents car comes apart and does damage to your car, what happens. If it were my car to come apart and damage the other car, personally id be asking the guy what I could do to help.

joblo1978
11-12-2010, 08:52 PM
If you dont think that the team would be paying for spectator injuries you are sadly mistaken my friend. And yes, im pretty positive that if one car wrecks and takes out 7 others, while they may not take full responsibility for the other cars but they are damned sure going to help out. Besides noone said anything about nascar. The hypothetical was IF you are racing, and an opponents car comes apart and does damage to your car, what happens. If it were my car to come apart and damage the other car, personally id be asking the guy what I could do to help.

Maybe, or possibly mistaken, but not sadly. Your statements include no facts at all and I doubt your coming from a professional standpoint.

What happens is you fix it, and that's all. If you can't accept the risk than don't race. Racing is racing and shit happens. It would be funny to see Judge Judy handle a case like this. :lol:

overhere
11-13-2010, 07:30 PM
No surprise someone like you would grab a lawyer then. Don't you have any dignity? Sue happy society we live in.

so true and so sad. i got hurt on my buddy's parents land riding a quad. ended up needing surgery my buddy's mom was freaking out that i was going to sue her. i told her "i decided to ride my quad and i got hurt how could i even think about doing anything to her?" $6000 later and there is still no way i would even consider going after her or her insurance. no need to make her rates go up for something i did.

IMHO it is unrealistic to think that a 22 yr. old kid that keeps his heap together with zip ties is going to be able to be able to muster up the cash for any damage that he causes to you or your ride.

So what happens in the world of professional motorsports like NASCAR when someone spins out and ends up taking out half of the field? Do his sponsors or insurance pay for all the damage he caused? Of course not. What if he loses a tire and it flies into the audience and kills a spectator? Not his fault, tragic and sad, but still not his fault and it cannot be proven.

my other buddy races late models and there is nothing saying or any one ever thinking about getting money from another racer if there is an accident.

you guys are f*cking pathetic.

fergymoto
11-13-2010, 08:20 PM
so true and so sad. i got hurt on my buddy's parents land riding a quad. ended up needing surgery my buddy's mom was freaking out that i was going to sue her. i told her "i decided to ride my quad and i got hurt how could i even think about doing anything to her?" $6000 later and there is still no way i would even consider going after her or her insurance. no need to make her rates go up for something i did.

That's because your enough of a man to own up to the risks and the consequences. I have a ton of respect for people like you. Teebag up there isn't.

94Z28rag
11-13-2010, 10:44 PM
That's because your enough of a man to own up to the risks and the consequences. I have a ton of respect for people like you. Teebag up there isn't.

BINGOOOOOOO :chug:

AnnivSS
11-14-2010, 01:30 AM
All I said, was that any legal chase was asinine. And if it happened to me, i would ask the other guy if there was anything he could do. If not, so be it, ill fix my shit and be out there next weekend.

joblo1978
11-15-2010, 10:42 PM
All I said, was that any legal chase was asinine. And if it happened to me, i would ask the other guy if there was anything he could do. If not, so be it, ill fix my shit and be out there next weekend.

Ok then, good luck with that.

Like they say, "shit in one hand and wish in the other..."

AnnivSS
11-18-2010, 01:14 PM
Apparently you missed the "if not" part.

tee-boy
11-19-2010, 09:20 AM
That's because your enough of a man to own up to the risks and the consequences. I have a ton of respect for people like you. Teebag up there isn't.

Im gonna teebag you. Nice picture of yourself in your sig. Damn, I forgot to tack pictures of myself and my car and post them on the intenet.