If you expect another rider to required to be liable you need to stay off of the track at any event. It will not happen. No one who puts events on at a track is going to put themselves in a position of assigning blame for every crash.
You want to make riders pay for damages to other riders' bikes? Who gets to pick whose fault the wreck is? And will there be another track for us to ride on while the investigations are being conducted?
:crackhead: This is the dumbest thing I ever heard. You are on a track going fast shit happens. Don't take anything out on the track that you are not willing to take home as a big clump of worthless metal. Maybe you should rethink riding on the track if you think this way.
Yes it is in NJ! In the state of New Jersey it most certainly is. I assume you are not familar with NJ state laws. I live in NJ and let's just say that I'm pretty close to this state law and NJ State Police postition on this. Notice the wording and how it does not state sanctioned or unsanctioned race. The wording of "race event" is broad for a reason. So, that it covers any event taking place on the motor race track. If you contact any track day org that operates a day at NJMP, they will tell you that the NJ State has a offfice on site and oversee any and all events taking place at NJMP. Should there be a serious(life threatening) or fatal accident at NJMP or any track in the state of NJ. The State Police must be contacted and a incident/accident report must be filled.
Doesn't really matter what the NJ State Police think, a court will never consider a practice session without racing to be a race event. Has nothing to do with sanctioned or unsanctioned. Most states require fatalities to be investigated. But that's not even close to what was being talked about here.
Have you seen some of the waivers they make you sign before skydiving? There have been a few of those that have stood up in court.
please let me know which tracks you guys ride. i guaran-fuckin-tee i will never be anywhere near you monkeys. you don't deserve pit space.
just my thoughts Mongo- My previous comment that sunshine replied to is and was that you will have a incident/accident report for any serious or fatal accident at any track in NJ as it is the law. Sunshine quoted only a section of my reply and stated the a trackday is not a race event. I can only assume he meant that to mean there would be no report becasue a trackday is not a race event. I agree with you that most states require fatalities to be investigated as you need that information for a variety of things like casue of death.... Regarding, the discussion around litigation. That is something that no one involved in our sport should want. However our wants do not preclude us from the possibility of this happening. Track day orgs and you(WERA) carry insurance for a reason and a part of that reason is protection from litigation that becomes undefensable/lossed. There are no absolutes when it comes to the courts. This is america, things don't always go they way they should. The swings of balance from lady justice. If there were absolutes track day orgs/you(WERA) would not need insurance. Ok, ok, ok there are other reasons to have insurance then incident/acident liability, but that is a big one right? Come on let's be real. You are weighing/watching this thread for a reason. I know you are very well informed on this subject. Much, much, much more than I. My comments are not aimed at challenging you, that would be fruitless for me. However, we all should be real and accept that fact that there are some things that could reach the courts when it comes to the growth/expansion of track days. If we look at society and what goes on. It is only a matter of time. So, track day orgs need to get with it and establish/keep a high standard/level of safety at each and every event. The various examples mentioned in this thread and others not mentioned suggest so. I mean there are track day orgs that choose not to have advance life suppport availabile, because to would cost too much/lower profitability. Rider safety is important and we all must do our best to aid to the safety of all. Just my thoughts, commence to firing!
WERA has only had one case where the insurance company paid out and that was due to negligence by a subcontractor. We carry insurance to pay the lawyers, not to pay off lawsuit losses. If we were in the habit of losing suits we wouldn't be able to afford the insurance and I for one wouldn't work here. I totally agree on track day orgs needing to get their shit together. I've heard some truly scary things and I am absolutely floored that they are allowed to get away with it. Between the insurance company, the tracks and especially the riders I would expect someone to say no more to some of these practices. There are things every weekend I would never ever accept as being allowed at a WERA event.
As previously stated, there is not a waiver in the world that will protect an organization in the event that their gross negligence contributed to the injury or death of a rider. Everything else falls under the definition of shit happens. Oh and lap times to define groupings is not a great way to do this. In fact I think its a cop out. I've personally refused to bump riders from I to A who were running A pace because they had crappy lines, body position, weren't smooth, pick your reason. They needed to slow down and learn some basics. Going to the next level given their skill set almost would have gauranteed a ride in the crash truck.
agreed. and it only encourages intermediate riders that desperately want to bump up to ride over their head to get the laptime needed.
I have been on the side lines through this thread, I have been doing track day events for several years now (since 2002) and just want all to understand what "gross negligence" entales, this is one definition..... and here is a definition of "accident".... and here is a definition of "waiver" ..... I have a hard time understanding how anyone would believe that any organizer would want to put on an unsafe event. As I expect is with most all track day orgs and WERA, Safety is #1, as it is with my org.
I can vouch for that. I was transported in '07 after a wreck in the bowl at Tally and not only did Mark call the hospital that day and my house later that weekend, but he also waited with my trailer at the track for somebody to come back to get it and this was long after the event was over and everybody else had left.
Presently working for a Trackday company, I can tell you that in the riders meeting, it is said over and over again by the owner to express your concerns to the staff during the day, not online after the event, or to another rider in the pits. Any anomoly that may occur at that specific event is also explained (such as two B groups), therefore, it should not come as a surprise to any rider, regardless of group, what it happening throughout the day. I look forward to seeing how trackdays are run in the south, but I can tell you that in Cali (especially the company I work with), the safety aspect of it is first and foremost to all of us. CR's are briefed by the owner even before the riders meeting to ensure we are all on the same sheet of music, crash truck is staffed, ambulance is present, track is cleared and ready and communications systems are operable. As previously stated, it will only take one or two individuals, who obviously didn't understand what they were getting themselves into on a "racetrack," to ruin it for all of us around the country.
If you were at the riders' meeting, then you know I asked Rudy to repeat the passing rules for the B group at the end of the meeting. And who butted-in with his smart-ass comments? :crackhead: No one in the meeting mentioned that there were A and C group riders in the B group. I would have asked for a refund and went to the Big Track to watch the Mustangs run... I know damn well what I'm getting into on a racetrack, I just don't expect a TD org. owner to favor profit over safety. And if you were at the crash scene, then you know that I simply walked away from the other rider rather than take out my anger on him. I know shit happens, but when you mix different skill levels into one group, shit happens a lot more. Every B group session that day ended with a crash. And I'm not the only one in Cali that will not ride with the organization you work for... :down: