Would You SUE ?

If you had minor injuries cuts bruses Would you sue ?

  • Yes

    Votes: 4 20.0%

  • No

    Votes: 16 80.0%
  • Total voters
    20
  • Poll closed .
T

Topgearfan

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NASCAR fans injured at pre-Daytona 500 race explore legal options
By Houston Mitchell
February 27, 2013, 7:11 a.m.
The attorney for three NASCAR fans injured during a race the day before the Daytona 500 says they are discussing suing NASCAR, but that he hopes to reach a settlement and preclude a lawsuit.
Attorney Matt Morgan did not identify his clients. He said two of them were seated directly in front of the crash and sustained injuries ranging from a fractured fibula to abdominal swelling. All have been released from the hospital.
More than 30 people were injured Saturday after a wreck on the last lap of a Nationwide Series race sent debris, including a heavy tire, into the stands.http://www.latimes.com/sports/sportsnow/la-sp-sn-nascar-fans-injured-20130227,0,4049560.story
 
Broken bones, internal wounds, being cut open by car parts - being hopsitalized for several days in CRITICAL condition...... those aren't MINOR cuts and bruises fool.
 
CHARLOTTE, N.C. -- Whitney Turner didn't expect to be carted off on a stretcher when she went to Saturday's Nationwide Series race at Daytona International Speedway.

But when Kyle Larson's car went airborne into the catch fence a few feet from where she stood on the front stretch, all the 33-year-old fan from Tell City, Ind., could think was, "I'm going to die.''

"I expect to go to a race and enjoy myself,'' Turner told ESPN.com on Thursday. "The drivers should be protected as well as the fans. I expect that fence to protect me from anything that may happen on the other side of the fence.''

At least 28 fans were injured by debris that came through the catch fence during the last-lap crash that Turner described as a "horror movie that played out in real life."

Turner is one of three that have retained Orlando-Fla.-based law firm Morgan & Morgan to seek compensation for medical bills and pain and suffering.

"I have limited people to help me,'' said Turner, a single mother of a 5-year-old daughter, as she explained why she retained attorney Matt Morgan. "I don't want sympathy from anybody. All I want is to know that I'm taken care of and that my family is taken care of and I can just get back to normal one day.''

The fibula in Turner's right leg was shattered when she was hit by a piece of debris not far from where the engine of Larson's car came through the catch fence at the crossover gate. Turner isn't sure if she was struck by the engine or a large piece of metal found near her.

She also suffered a sliced Achilles tendon.

"I thought, 'What the hell. I'm going to die. This is it. This is the last time I'm going be able to pick up my daughter,' '' Turner said as she recalled the incident. "I had so many emotions running through my head.

"And then whenever I got up and was in my seat I started looking around. I thought, 'These people need help. Please help us.' And then I started screaming for help.''

Turner is back home in Indiana after what she called a painful two-day ride in the back seat of her father's Chevrolet Silverado. She said that was her only option for the return trip that normally takes 13 hours.

"My dad's disabled, so he couldn't really get me in and out of the truck,'' she said. "It took a few days to get back because it's really painful riding in the back of that truck.''

Turner picked up a wheelchair on Thursday because her leg is too swollen for a cast. She also plans to be fitted for a walker, followed by an undetermined amount of rehabilitation.

Her attorney is focusing his investigation on the fencing. He disagrees with cynics that say his clients are taking advantage of the legal system for financial gain, who say they don't deserve compensation because a waiver on the back of tickets that states the fan assumes all risk.

"There are going to be medical bills that are going to start piling up on her,'' Morgan said of Turner. "That's her primary focus to get those medical bills paid.

"It's very easy for these cynics to talk from 5,000 feet above the situation. If they were the ones that were injured, if they were the ones sitting in the hospital with a shattered leg, the tune they would be singing would be much different.''

Turner was sitting on the front row not far from the crossover gate when she heard fans screaming above that as crash had begun coming off Turn 4. When she stood to get a better look she saw the underside of Larson's car coming at her.

"I took off running,'' Turner said. "Before I knew it I was already hit by flying debris. People were screaming. Stuff was on fire. There was oil and antifreeze, hot burning stuff all over the place.''

The two most seriously injured were struck by a tire that apparently went through, according to videos, the catch fence at the gate. They remain hospitalized at Halifax Health near the track.

Turner still gets emotional rehashing the scene.

"I can tell you that I love NASCAR, I love racing.'' Turner said. "I live it. I breath it. I'm a Jimmie Johnson fan. I'm never going to change that. But I can tell you that I do have nightmares about it and I do think about it every day and I'm thankful I'm alive.''

NASCAR is conducting its own investigation into the accident in conjunction with DIS. Neither party is commenting on potential legal action because no suit has been filed.

Chairman Brian France told ESPN.com before Sunday's Daytona 500, before Morgan had been retained, that law suits were "the last things on our minds.''

A NASCAR spokesperson said an update on the investigation is expected at this weekend's race in Phoenix.

Meanwhile, Turner still wonders what happened to the cameraman that was standing a few feet from her when debris started flying through the fence.

"I remember people screaming, bleeding,'' she said. "It was just a horrific experience. I don't know what happened to that camera guy. I pray for him every day.''

----------------------------

Anyone who thinks these people should suck it up so nascar can keep their insurance rates down are just plain unrealistic. She may never fully recover from a shattered fibula and a severed achilles tendon.
 
I hope this lawsuit forces nascar to change their RP formula and give us exciting racing to watch instead of intense wrecks.
 
Stewart Fan said:
Maybe not but you should always know injury is possible. I once got hit with something at the track but it's just part of my being silly enough to sit so close.
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And NASCAR makes a ****ton of money on that product. Hell, they make money just on these crashes. How many times has that Carl Edwards/Brad Keselowski Talladega finish been replayed? If 28 people weren't hurt in that crash, it's a guarantee NASCAR, FOX, SPEED, ESPN and TNT would be looping that video every single week in every single commercial. NASCAR has manufactured a product that creates these kind of wreck. They're culpable. Just like IndyCar manufactured a product that killed Dan Wheldon. Difference is, as stupid as IndyCar is, they realized it wasn't smart to run an encore. NASCAR, on the other hand, instead of dealing with the fact that they created a product where tragedies like this are inevitable, they try to put a band-aid on it and move on.

Or maybe we need to kill a few people at Daytona or Talladega before we smarten up. :rolleyes:
 
Lawsuits like this hinges on two things. 1) Did the fans have a reasonable expectation of safety when attending the event. 2) Did NASCAR do everything in their power to assure that the fans would be safe during said event.
 
Does anyone remember what happened at the super speedways before the RP's were placed on the cup cars? They went airborne and nearly killed people. NASCAR recognized that the cars needed to be slowed down. Like it or not the plates accomplished that.I know several of you are smarter than the NASCAR engineers and have this all figured out. :rolleyes:

Does NASCAR make every effort to keep the drivers and fans safe? Yes, I think they do. Had NASCAR mandated the Hans device earlier we might still have SR among us. Maybe Jr should have sued the "multi-billion dollar industry" because they didn't mandate safety devices sooner. :rolleyes:

Wait... Who caused the accident? Who was blocking? Maybe THEY should be sued.

Would I sue? NO!
 
I'm certainly not trying to make light of the serious injuries sustained by the spectators in the Daytona Nationwide race but I sure as hell would not sit in the lower section at a plate race. I'm not suggesting, in any way that the injured are somehow at fault. They should be able to attend a NASCAR race with the confidence that they are safe sitting anywhere in the grandstands. For my own comfort level, I do not sit in any area where crash debris would be a concern.
NASCAR will compensate these people out-of-court (as they should), but like I said, there will be a hush clause.
Like Fender said, hopefully it will bring some change to restrictor plate racing, not only with regard to spectator safety, but with eliminating the dangerous pack conditions that cause these types of incidences.
 
Smoke14 said:
Does anyone remember what happened at the super speedways before the RP's were placed on the cup cars? They went airborne and nearly killed people. NASCAR recognized that the cars needed to be slowed down. Like it or not the plates accomplished that.I know several of you are smarter than the NASCAR engineers and have this all figured out. :rolleyes:...
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Wow, really? :confused:
8 fans were injured in 2009 when Edwards and Keselowski tangled at Talladega.
 
Stewart Fan said:
Common sense should tell ya cars going 195 in large packs could cause trouble.
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Yep, but it makes nascar tons of money, so they keep running them. nascar also knows the risk, so they shouldn't cry when they get sued for the decisions THEY make. If the lower sections can't be kept safe, why are they even there? Money. That's why. nascar can choose to change the racing anytime they get tired of paying the bills rung up by THEIR show.
 
Since the question is about minor injuries then no I wouldn't sue. but I would expect Nascar and or the track to compensate me somehow.
On the other hand for major injuries you would almost have to. We all know medical ain't cheap.
If my personal medical insurance had to cover the cost of a broken leg etc., I would expect them to go after Nascar to get their money back resulting in a law suit.
 
racer8 said:
Since the question is about minor injuries then no I wouldn't sue. but I would expect Nascar and or the track to compensate me somehow.
On the other hand for major injuries you would almost have to. We all know medical ain't cheap.
If my personal medical insurance had to cover the cost of a broken leg etc., I would expect them to go after Nascar to get their money back resulting in a law suit.
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The question wasn't about minor injuries, it was about injuries sustained by spectators during the Daytona Nationwide race. One fan sustained life-threatening head trauma.
If ANYONE is injured because of someone else's negligence then they should be compensated. If the person guilty of the negligence is unwilling to offer compensation forthwith, then sometimes a little prodding is necessary in the form of litigation.
 
BobbyFord said:
The question wasn't about minor injuries, it was about injuries sustained by spectators during the Daytona Nationwide race. One fan sustained life-threatening head trauma.
If ANYONE is injured because of someone else's negligence then they should be compensated. If the person guilty of the negligence is unwilling to offer compensation forthwith, then sometimes a little prodding is necessary in the form of litigation.
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The question I see at the top of the page says "minor".
 
BobbyFord said:
Wow, really? :confused:
8 fans were injured in 2009 when Edwards and Keselowski tangled at Talladega.
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It is racing and it is a dangerous sport on both sides of the fence.

Remember the guy that got struck by lightening at Pocono? Who's fault was that? :rolleyes:
 
Smoke14 said:
It is racing and it is a dangerous sport on both sides of the fence.

Remember the guy that got struck by lightening at Pocono? Who's fault was that? :rolleyes:
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Your post stated that NASCAR needed to slow the cars down because they went airborne and that NASCAR accomplished that with the restrictor plate. I was just pointing out where you mis-spoke ;)
 
BobbyFord said:
Your post stated that NASCAR needed to slow the cars down because they went airborne and that NASCAR accomplished that with the restrictor plate. I was just pointing out where you mis-spoke ;)
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So, the plates didn't slow the cars down? i think the plate served its purpose until NASCAR put the wing on the back of the car. And that wing provided a ton of down force when the car was going forward. The only problem was the wing provided a ton of lift when the car turned around backwards.

And, Edwards went airborne because of Newman.
 
I watched what I thought was a tire fly into the stands. I didn't realize it had the whole front subframe still attached to it. That could have killed somebody very easily. I know indycars have their stuff cabled so it doesn't do this. I thought NASCAR had their pieces tethered also.
user22810_pic42595_1361720823.jpg
 
Smoke14 said:
So, the plates didn't slow the cars down? i think the plate served its purpose until NASCAR put the wing on the back of the car. And that wing provided a ton of down force when the car was going forward. The only problem was the wing provided a ton of lift when the car turned around backwards.

And, Edwards went airborne because of Newman.
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It doesn't matter who caused the car to go airborne, the issue is that the car DID go airborne. They go airborne at 210 mph and they go airborne at 195 mph, the common denominator in restrictor racing crashes is that there are 43 cars within 1/2 of a second. No time to react, no time to get slowed down and no room on the track to get away from the spinning car/cars. That combined with the speeds results in spectators chewing on car debris.
Last year several cars were clocked at 210 mph going into the corners at California Speedway, some cars crashed. The difference is they weren't in a 43 car wad when they got into the fence, thus not collecting several other cars and possibly sending debris into the grandstands.
 
StandOnIt said:
I watched what I thought was a tire fly into the stands. I didn't realize it had the whole front subframe still attached to it. That could have killed somebody very easily. I know indycars have their stuff cabled so it doesn't do this. I thought NASCAR had their pieces tethered also.
user22810_pic42595_1361720823.jpg
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I believe the spindle is tethered to the crossmember (I could be wrong), the problem is that the wheel, the spindle and the crossmember are still attached. They'd have to tether the entire crossmember to the tube chassis (which they may attempt after the Daytona incident.)
 
StandOnIt said:
I watched what I thought was a tire fly into the stands. I didn't realize it had the whole front subframe still attached to it. That could have killed somebody very easily. I know indycars have their stuff cabled so it doesn't do this. I thought NASCAR had their pieces tethered also.
user22810_pic42595_1361720823.jpg
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this is what happens when a car penetrates deep into the fence and then hits an oversized fence pole.
 
BobbyFord said:
I believe the spindle is tethered to the crossmember (I could be wrong), the problem is that the wheel, the spindle and the crossmember are still attached. They'd have to tether the entire crossmember to the tube chassis (which they may attempt after the Daytona incident.)
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With what? 4 inch steel tube?
 
lots of pieces missing off that assembly, lots of partly washed off blood. With two still in the hospital for this long, I bet they were hurt pretty badly. Hope they can make a full recovery
 
StandOnIt said:
lots of pieces missing off that assembly, lots of partly washed off blood. With two still in the hospital for this long, I bet they were hurt pretty badly. Hope they can make a full recovery
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Notice the piece of brake rotor sitting on the seat. that alone could have killed someone.
 
Yeah I would guess that this thing and the pieces that are related to it, that are not still attached to it did the most damage. I know flying sheet metal and now razor sharp carbon fiber can do lots of damage, I think most of it exploded and was shredded when it contacted the fence. First thing I thought when I heard the were switching to carbon fiber on the hood and trunk, was the shredding factor. Not only dangerous to the fans, but that stuff is razor sharp and will cut down a tire in a heartbeat. Saves weight but I am not a fan
 
Smoke14 said:
Does anyone remember what happened at the super speedways before the RP's were placed on the cup cars? They went airborne and nearly killed people. NASCAR recognized that the cars needed to be slowed down. Like it or not the plates accomplished that.I know several of you are smarter than the NASCAR engineers and have this all figured out. :rolleyes:

Does NASCAR make every effort to keep the drivers and fans safe? Yes, I think they do. Had NASCAR mandated the Hans device earlier we might still have SR among us. Maybe Jr should have sued the "multi-billion dollar industry" because they didn't mandate safety devices sooner. :rolleyes:

Wait... Who caused the accident? Who was blocking? Maybe THEY should be sued.

Would I sue? NO!
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common sense won't win any argument here
 
StandOnIt said:
I watched what I thought was a tire fly into the stands. I didn't realize it had the whole front subframe still attached to it. That could have killed somebody very easily. I know indycars have their stuff cabled so it doesn't do this. I thought NASCAR had their pieces tethered also.
user22810_pic42595_1361720823.jpg
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You know, I know, that somebody suggested the question of "Did the fan get to keep it?"
And somebody said that was sick. And it is. But think about the E-Bay value of it, or the other parts for that matter.
Why not auction they off NASCAR style. They always have these huge charities for the not so well off. I could not think of a better use for these parts than to be an offering of "hey we are sorry and this should help with the bills".


FenderBumper said:
With what? 4 inch steel tube?
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Kevlar strapping with a braided titanium mesh weave overlay, and 3m shrinktubing locking it all together.

Any other questions?
 
FenderBumper said:
I don't think they use CF hoods and decklids in NW.
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I think that was an effect of the cheese grater, you know, the so called 'catch fence'. The parts and pieces exploded into little pieces that resembled CF when it impacts and explodes.

Your idea of a fence, if I'm imagining it right, would keep the car on the track, and all pieces down to a very small size from getting through. I still think the grandstands need to be moved back though.
 
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