Are there any attorneys on this board? Legal exposure question.

[DEVINC]

I guess maybe a personal injury attorney might know. My question is about what kind of exposure do we (the racers) have against being sued by other racers for hurting them on the track. Does anyone know about that kind of information? If Bob takes out Dan during a race and Dan needs medical attention. Can Bob be held legally liable? What if Dan has no medical insurance also? I am kind of looking for real info. Not what one's opinion on how they would handle it if it was one of them.

BTW, I'm not in this situation. Just want to know about these kind of things.

[Court Jester]

I'm not a lawyer but I've dealt with enough of them with work and know several in the community and been apart of and heard stories of an ungodly number of retarded lawsuits from the lawyers on both sides. 
So just my partially educated guess; If Bob takes out Dan causing personal injury, Dan does have the legal right to sue him if he can find an attorney willing to take the case.  His chances of finding a lawyer would be slim to none and winning would be just below the same level.  Dan would be required to prove that Bob was negligent or caused the accident on purpose which would require multiple witnesses (would be hard to find around the paddock) and a bajesus load of specialists on both sides to study tires, suspension, and the actual cause of the accident.
With this said, Win or loss, Bob would then be morally obligated to beat Dan within an inch of his life with any large blunt object within reach. 

[DEVINC]

Makes sense. What you said is kind of the jist of what i thought. I still am gonna try to get ahold of a lawyer or do what it takes to find the facts, maybe even find some stories where someone has done this (i've never heard or seen one) but i'm sure there has been some cases.

Yes, I would beat the hell out of Dan too. 

[Sobottka]

Makes sense. What you said is kind of the jist of what i thought. I still am gonna try to get ahold of a lawyer or do what it takes to find the facts, maybe even find some stories where someone has done this (i've never heard or seen one) but i'm sure there has been some cases.

Yes, I would beat the hell out of Dan too. 

glad you dont race in my region!! 

[DEVINC]

Sobottka, your real name isn't Dan, is it? lol. I wouldn't really do that to someone. (i don't think I could either)

I've never taken anyone out, and am not known for riding way out of control. I don't mean to sound like I am in the mindset that I am only worrying about myself, or plan to take someone out. I just want to make sure I know what all the possible risks of this sport are.

[funsizeracing]

If you're not prepared to crash and suffer the consequences don't get on the track.

[Sobottka]

If you're not prepared to crash and suffer the consequences don't get on the track.

exactly- on track sh@t happens. start gettin attorney's involved and no more racey!!! 

[DEVINC]

If you're not prepared to crash and suffer the consequences don't get on the track.

I hope that's not directed at me. I am prepared to crash. It's not about that. I just was wondering the chances of being sued. I would never be the one to bring an attorney into it. Just dont wanna be sued myself. I'm sure there are some people that would try it.

exactly- on track sh@t happens. start gettin attorney's involved and no more racey!!! 

Totally agree.

[Gixxerblade]

 

[DEVINC]

so i guess everyone took this topic the wrong way?

[Sobottka]

either way its bad, who you gonna sue or who'd you take out?

[Super Dave]

so i guess everyone took this topic the wrong way?

Seems that way.

I guess I understood.

I don't remember anyone getting sued for on track activities.  If someone is going to get sued, for just cause or not, there needs to be money at the end to seek as a goal.  It's my opinion that that can be a hurdle alone as a lot of racers are kind of broke.  Certainly aren't carrying the liability coverage that a race track or an organization would have to cover being sued. 

You can't get blood out of a rock, you know?