Crash Lawsuit Could Be Bad News For Track Events Everywhere

[boss302ls]

Good evening track rats, I saw this article posted over at Jalopnik and I thought some of you would enjoy some reading material as many of you are unable to hit the track due to bad weather conditions here across the US. The article delves into the topic of track insurance and the ever increasing pressures of race participants to bear the ever increasing costs. Enjoy this informative read even though it may be depressing and too much to bear for some.


https://jalopnik.com/this-track-day-crash-lawsuit-could-be-bad-news-for-trac-1824270453

 

[Black Boss]

I feel very bad for his injuries, but this legal action is just sad.

We all sign waivers, and once your off track, you take chances with what you encounter (ask me how I know). Plus, according to the article, he skipped the drivers meeting, which at best is discourteous to other drivers and at worst makes him a liability to all of them.

The right outcome would be no settlement, and significant legal fees to deter further inappropriate actions.

Hopefully he has a speedy physical recovery, and also comes to realize that the legal action was also reckless.

 

[RaiderJatt02]

I agree with you for the most part Black Boss. The only thing is that the sand bags should not have been there so there is some negligence involved. He should have his medical and bike damages paid for. Maybe a little more but he initially tried to sue for $15 million?! Fuuuuuuuuuck that! Then $5 million? Still wayyyyy too much. That just rubs everyone the wrong way and shows that he wants way more than he deserves.

 

[ls110]

Well said Nick.

 

[Busdriver]

The crazy thing is if he had just gone after his bills, bike rebuild and some lost wages, insurance would have probably just paid him.

 

[Swiss Boss]

What I'm afraid of if he wins or get settled, is that insurances are going to raise the cost a lot and then we will have 800-900$ track days fee or more.

 

[VoodooBoss]

I think they would have paid him the $5MM but that wasn't enough. I'm sure Kim has recovered from his injuries by now and this also looks like a way for him to get press for his motorcycle company...

 

[TMSBOSS]

Sandbags were there to stop erosion. Remove the sandbags and you drive through a rut. Add a concrete drain and you will have an abrupt edge to deal with. Don’t want to take and accept risks, stay home
Watching the video, it Appears the rider over drive the corner and or blew his line.
Let’s hope the case is thrown out. Let’s also hope organizers hold drivers/riders accountable. Miss the drivers meeting and you miss the briefing regarding hazards. A driver,rider should Miss a few sessions while receiving a personal briefing, if at all.

 

[Grant 302]

and this also looks like a way for him to get press for his motorcycle company...

^^THIS.

Kim is also the CEO of EV startup Lit Motors, and noted the collision in a July 2015 company newsletter while promoting Lit’s enclosed two-wheel vehicle, the C-1:

Gee, how un-freaking-believably convenient. He happens to want to sell enclosed motorcycles. The whole thing smells bad to me.

 

[RES_22]

You do not run for at least one full cycle if you miss one of my drivers’ meetings.

Track condition is a fundamental issue that is/should be featured in any serious DM... and as Nick said so aptly, what you don’t know can hurt others (passing rules, safety rules peculiar to different organizers using the same track, blend line policies, critical reference points, etc).

 

[ChrisM]

I have zero sympathy. Sorry.

I have a hard time not making openly hostile comments towards this guy. $15 million?! Even $5 million?!

Nope, go @#$& yourself @$$hole. You are driving up the cost for the rest of us because of your stupidity. I hope you are banned from every track forever.

 

[Busdriver]

Enclosed motorcycles seem to miss the point. I predict his company flops.

 

[boss302ls]

Having read the posts here, I am curious about how all posters here would feel if this accident occured to either them or say someone like your Dad or brother? Would you feel differently about this? There is no doubt this Kim guy is trying to milk the situation for everything he could. Sounds to me like the attornies are directing him. He is also milking this situation to benefit his business. But what would you do in his situation? Would you use this situation to benefit your business too if you could? Would you just accept what happened and move on?...even if you became a paraplegic?

 

[ChrisM]

No, it would not change my response. In fact, I have deliberately told my family that they will take no legal action on my behalf if something like this happens at a track event. I have considered putting it in writing but they understand so far.

I have already considered and accepted that possibility. I am the only person responsible for my safety and accept the consequences of that every day. It's why I wear a helmet, installed a roll bar and harnesses, wear a safety belt when I ride my bike on the street, carry a gun everywhere, and many other precautions against the world. Despite all of that, I also recognize there are things beyond my control and ensured my family understands that as well. They are well taken care of if anything should happen to me.

If track conditions are unacceptable to me I can, and have, walked away from the track. Nobody forced this guy to be on track. Nobody forces me to be there. It is entirely his/my choice to be on track and by participating I have accepted the conditions.

 

[VoodooBoss]

Valid points but I don't think anyone is wishing Kim ill will and nobody wanted to see the guy hurt. Sounds like he could have taken the $5MM and been done with this but instead his lawsuit may impact many of us. If he wins I doubt it will have the impact the article implies but if it does there will be a lot of unhappy people.

 

[JAJ]

I think it's safe to say that there'll be a lot more rigor around drivers meetings and the language organizers use in their driver briefings and disclaimer documents. Signing a waiver will probably be enhanced by enforced reconnaissance laps and more thorough discussions of hazards and risks. If you miss the drivers' meeting, you might just not be allowed on the track that day.

 

[TMSBOSS]

I was personally shocked to find you could participate in a track event after missing a drivers meeting. Miss a safety brief, that’s what a drivers meeting is, and you should not be on track.
The exchange between drivers who have experience on the track and new drivers can be as informative as the formal brief.
Roll bar, Hans, helmet and harness will do a lot to keep you safe. These all help you when you “Are I’m the shiznit”. The drivers meeting is designed to keep you out of the shiznit.
It’s terrible to see persons injured or killed. Still, we participate in a sport with risks. Accept the risks, purchase additional insurance or find another hobby.
And yes, I believe there is a bit of “Promotion” In this law suit(s).

 

[blacksheep-1]

I've been on the receiving end of this, I was president of a kart club at a local speedway when a kart flipped, the red flag came out, another competitor ignored it and ended up hitting the wall. Back then, the wall was boiler plate, and a piece of rebar went through his shoulder. We ended up being sued as well as the track.
Short story, the guy lost, he signed a waiver saying that if the track was not safe he would not race on it, he signed one for the club and one for the track (read one sometime..it covers everything). We paraded a bunch of witnesses saying he ignored the red and that racing was dangerous..etc etc. Fortunately the club had an attorney that raced and of course the track had a retained attorney.
The bad part was the track said if it ever happened again, we would lose the venue, and the club had to reimburse the track for their legal fees. This track was owned by an old school racing family and they cut us a great deal on rent, they jacked the rent up as well, although not too badly.
Since then the walls have been made out of concrete, the track closed, and was reopened under another individual, and the karters still use it.
IMO, no one is holding a gun to your head, you should've read the waiver, racing is dangerous (the first kart race I attended at Daytona, a guy was impaled on his steering column when the kart went under the armco backwards). If you don't think it's safe, pack your stuff and leave, you always have that option. If you are on the track, you have decided you want to be there and it's worth the risk. These guys that race, then get hurt, then sue the track is garbage..keep it up and insurance won't be available or the cost will be driven too high, and maybe even lose the venue.
Sorry dude, it was your personal decision, nobody else's.

 

[TMSBOSS]

Ummmmmm. Individual responsibility. It seems our society has forgotten this concept.

 

[boss302ls]

It will be interesting to see if a discussion of the hazard that injured Kim was ever discussed in the pre-race driver briefing. The key to this case is whether the track owner was negligent regarding being aware of the sandbag hazard and did he inform the event coordinators about it. I think what will happen when all is said and done is what was suggested in the article. This case will probably will be settled between the parties out of court. This way the lawyers will get the most financially, Kim will get peanuts but will have gotten some good press for his company's enclosed motorcycle, and the track owner will not be held directly responsible for what occured and his insurance rates will not go up in a direct sense. The losers will be the insurance cos, but more importantly the sport of racing will be a big losers as insurance rates will creep up everywhere for these types of events. Yes, and of course they all will sign non-disclosure agreements so the public will never learn anything from this case.