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Trackday Liability ??????

Discussion in 'Track Days' started by ATFULLEAN, Dec 7, 2009.

  1. 2Fer

    2Fer Is good

    Class or trackday?

    Slight difference.
     
  2. STT-Rider

    STT-Rider Well-Known Member

    60 to 80 riders split into an A and B group.....Some classroom and on-track coaches......... you decide.
     
  3. rk97

    rk97 Well-Known Member

    I hope everyone actually READS the waivers they sign.

    like Dutch said, there isn't a waiver in the world that will excuse "gross negligence," but the conduct that fits that definition will be up to a jury.

    trackdays (or racing, etc.) are not an 'essential service,' so the waivers can protect the trackday provider pretty well. The argument can always come down to "you don't NEED to do a trackday, and nothing stopped you from walking away. You were warned that this type of injury was a possibility, and assumed these risks by participating." Trackdays are inherently dangerous, and it's very hard to argue that a participant doesn't know that going in.

    the bottom line is people sue the money, not the party at fault.
     
  4. V5 Racer

    V5 Racer Yo!

    :stupid:

    Like others have said, there is more to it than laptimes.

    :stupid:

    Unbelievable. Simply unbelievable.
     
  5. ToddClark

    ToddClark f'n know it all

    Kurt, after reading some of the responses here, im with you, simply unbelievable. Some of these people have absolutely NO business on the racetrack, be it trackdays or racing.
     
  6. Dutch

    Dutch Token white guy

    Let's face it folks, our society had bred a generation of people who do not want to accept responsibility for their actions or decisions. By deciding to put yourself and your motorcycle on a racetrack you have to accept the possibility that shit might happen. Not of the gross negligence variety as you should have a reasonable expectation of basic safety measures being put in place by the event organizer. More of the "another ride ran into me and caused me to crash" type of shit happens. Get over with it. Deal with it. It happens and it sucks. But unfortunately everyone now a days has a lawyer and wants other people to shoulder the burden of their decisions and mistakes. This country needs to grow a set and stop this type of shit.
     
  7. Redbird

    Redbird Well-Known Member

    Like the action of a CR taking out a rider? Where's the responsibility and accountability there?


    IMO, "shit happens" shouldn't cover a CR taking out a paying customer, which is how this thread started. The CRs are supposed to be there to prevent that shit, not cause it. Law suit, no, but some accountability on the orgs part would be nice.
     
  8. bblath

    bblath Guest

    can a brotha get an amen.
     
  9. bblath

    bblath Guest

    go take up knitting. my female cousin has a little weekly get together they call knit and bitch. you'd fit right in.
     
  10. sokali

    sokali Well-Known Member

    :crackhead: let me know if you plan on riding in southern california

    i'll go fishing on that day :crackup:
     
  11. Funkm05

    Funkm05 Dork

    Let's call it what it is ... per the OP, the CR was waiting with his bro at the landing pad and admitted responsibility for the wreck. That sounds like accountability to me.

    So you have the expectation that a CR is above having anything go wrong on the track? It's impossible for them to make a mistake? I could've sworn that two of the best riders of our time (Rossi/Spies) both had wrecks this year ... but you somehow have expectations that a CR can't possibly be involved in a mix-up and if they are, the td org should pay for it?!?

    So Spies picked up the bill for damage caused to any bikes he may have taken out when he wrecked? Or do you believe Sterilgarda should send a get well card? Or should the WSBK have picked up the tab & sent them flowers? I know, I know ... professional racers versus track day, but the premise isn't any different. Whether we pay to do this or we get paid to do it doesn't change a single aspect of the risks involved or the liability.

    The CR waiting for the helo with him and manning up to things is all he was "owed" by any code. While I would hope that if someone caused a wreck (assuming that's really what happened), I'd hope they'd be man enough to come say "sorry" afterwards, but I can't say as though it's an expectation. And certainly not enough to get me to come onto a board and piss/moan about it.

    For the record ... I'm not a CR or connected to any single org. I ride because I love to do it. When I made this decision, I sold my street bike while I could and purchased a dedicated track bike with the expectation that it was going to go down at some point in time through my fault or someone else's. If you can't accept that without having your feelings hurt, you may want to consider a different hobby. :beer:
     
  12. eboos

    eboos Slowski

    Sometimes things go wrong. With a CR, conduct can be controlled (and should be), but that won't prevent every possible incident from happening. Technical issues come up sometimes, and sometimes people simply make mistakes. Accidents are unfortunate, and we take measures to minimize the number of accidents at the track, but they still may happen.
     
  13. StaccatoFan

    StaccatoFan My 13 year old is faster than your President

    :clap:
     
  14. Bifferone

    Bifferone Well-Known Member

    OR, trackday organizations can do without CRs like some of our Canadian counterparts do. I have found our neighbors to the north see things much clearer than riders in the US. I have never run into any situation on the track where running with the Canadian trackday org where I felt compromised. Americans are too concerned with measuring dicks with each other than enjoying the trackday and learning a thing or two. Shit happens out on the street and on the track. If you were riding the street and you crashed because a deer of small animals caused you to take evasive action, who is responsible? Who are you going to sue? No one. It is what it is. Deal with it.
     
  15. sokali

    sokali Well-Known Member

    There's one org. out here that doesn't use CRs, opting instead to supply the riders with lap timers and discouraging racing.
    Most of their crashes are due to cold tires...
     
  16. bblath

    bblath Guest

    amen.
     
  17. RCM78

    RCM78 Well-Known Member

    What about the riders crashing into the CR's? It's happened to me a few times. Once resulting in me crashing, getting injured, and losing time at work. Not once did I ever think about who was responsible. It's the chance we take.
     
  18. bpro

    bpro Big Ugly Fat F*****

    I was thinking the same. I had one in the advanced group decide to go from the race line to the pit exit one day. He clipped the front wheel and sent me sliding out through the dirt.

    He never even stopped by. The Bastard.
     
  19. Dutch

    Dutch Token white guy

    What RCM said. I've had multiple riders over the years take out CRs. One of my CRs was taken out twice in the same season. We got him a new CR shirt with a bullseye painted on the back after the second time.
     
  20. Dutch

    Dutch Token white guy


    Define "accountability."
     

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