Trackday Liability ??????

I see all these trackdays starting up, and I'm really interesting in going harder out there more and more ! But recently while watching my bro get hit by a control rider( no names - or track day sponsor not here to bash ) ! The questions of being liable came up! I'm sure it was the CR's fault because I was filiming it and the CR admittied it to my bro as they were waiting for the helicopter to arrive to take him to the hosp for that week long stay. But at what point since most of us here do track days, is someone or sponsor liable ?
I don't even remeber the contents of the waivers we've all signed .
But can anyone shed anylight on this at all !

The only thing I'm pissed about is there wasnt even a phone call or card from T/D sponsor and my group brings at least 10 guys per track day year round ! But I'll handle that with them ASAP !

 

woooow

Well, damn !

 

Unfortuneatley, shit happens, not much you can do about it hence why you sign a waiver when get there.

Same can be said for X racer who misjudges a corner on the brakes, tag's Y rider and sends him to hospital with a broken leg/arm and a concussion.

 

I've done track/school days with 7 different organizations and know that some have better safety rules than others.

There's one organization here that likes to oversell or mix skill levels just to sell open spots.
I won't be doing more days with them... :down:

So my advice would be to check around before you sign up.

 

Now....If my wife was at a drackday and got ran over.....
We're gonna find out who's the toughest kid on the playground, and somebody's gonna take a beatin'.
i can see why you're upset.

Funny how that works... hit me and it's no big deal

 

solid advice here. i know which organization is being referrenced, and i wont ride with them either.

still, you sign the waiver, not much you can do for the liabilty. but try and limit your exposure with a quality organization.

 

if this is true i don't understand why you would "protect" said organization by not posting up which one it is. you know like a heads up so other riders don't sign up and get hurt or something..........

 

WHO????

 

I tried on another forum, and got beat up pretty bad by the mods.

I'll give you a hint though, they don't know how to spell "days"...

 

Well damn ! Sounds familiar ! Good pt , why would I want u guys hurt as well ! Coincidently, same day they also failed in monitoring group to move a few riders bk down as well. I am also positive! prior to two sep sessions diff riders had run-offs due to those riders !
And if you thinks a wreck on the track is something to take lightly !
The LifeFlight bill was exactly $20,000 ! but he does hv insurance thank goodness !

 

not so fast says Johnny Law!

The waiver does not 100% absolve the trackday provider or the track from risk/liability. The waiver does protect them, however it is not 100%. Hence the need/requirement to carrier insurance as a trackday provider. To cover yourself, should you loose a legal battle. Each and every person who attends a trackday is protected by the law. The waiver does not protect the trackday provider or track if negligence is proven to be the cause or result of injury/loss.

I'm not suggesting that this is the case in the situation mentioned above. Im just saying signing that waiver does not mean you 100% give up your rights. :up:

 

I don't know ATFULLEAN's situation.

My take is that if I'm in A group and someone is near me and causes me to go down....yeah, I'm probably gonna be pissed for a minute, but most likely it was an accident and bonehead move or equip malfunction, whatever, this stuff happens.

Now, like I stated before, if my wife signs up for Beginner class and later in the afternoon somebody rails right over her, then I can Guaran-Damn-Tee they were not following the rules set forth in the meetings for beginners.

BUT, as I type this, I realize that I've only attended trackdays with STT and Cycleoptions, so......
Both are very clear about passing in beginner group.

Again, I don't know the situation, the group he was in, etc....

If he was mixin' it up with some cr's in A group and something happened......

 

Here's the better question...do you want to go down this road because if you do you won'tr be able to ride on tracks anymore in the near future.

 

How So?

 

You are on a closed course. You sign the waiver. As far as I am concerned, it is a done deal. It is a matter of being in the wrong place at the wrong time. The closed course is private property as well. There is no way to get a police report done either.

I've had a few friends bin it and not one TD org person came by to check in and see how the injured were doing. They want to know nothing.

 

How about when you sign up for the B group, on a day when they're running 2 groups: School and Group B. Then the owner decides to fill in the empty spots of the B Group with A and C riders, and changes the passing rules from the 6 foot margin to 3 foot, which is their A group passing rules, to keep all the A riders happy.

Does anyone here think that's safe?

 

That was my first thought.... Suck he got hurt, but if people become successful at suits against the td orgs, our sport is in trouble.

Honestly, I'd pack up and go home. I can't imagine anybody, A,B, or C finding that mix up "fun".
that's what the grouping is for. Back here, we never sign up for the days if you run A group. We just call a few days before to make sure there's room, which there always is. Gives us the last minute flexibility in going/not going.
I would imagine it's very different in SoCal, A probably does fill up a lot of the time, huh?
If I got there and they said B group, I'm out.

 

Forgot to mention that the passing rules were changed in the riders' meeting.
Their site has 6 foot passing rule for the B group.

I even questioned their decision in the meeting, but did not know about the group being mixed.

That's the day I got taken out by someone attempting a close pass. The guy was not skilled enough to see that there was a turn coming up, probably fixating on me, so the 3 foot passing was unsafe for his skill level.

Yeah, I know, shit happens...

 

Vance, I was typing my post so missed yours.

Actually, I quit doing B groups, don't feel safe anymore.
I'm one of the backmarkers in the A group now...

It works the same way here, the B group usually fills up first and the A group has plenty spots till a couple days before the event.