Would You SUE ?

  • Thread starter Thread starter Topgearfan
  • Start date Start date

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 .
So, let's cut the "minor injuries" crap out. They were serious injuries. If they were all minor injuries, there wouldn't have been special reports on the broadcast networks, wall-to-wall coverage on FOX, CNN and MSNBC and it wouldn't have been the lead story in every news broadcast in America.
 
If I got cuts and/or bruises from an incident like this I would not sue.

However, this woman's injuries were/are MAJOR. A lawsuit will bring a settlement which hopefully will be enough to get her back to normal with maybe a little sumpthin-sumpthin for good measure.
 
MOEJOE said:
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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The seats ARE too close.
 
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.
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StandOnIt said:
user22810_pic42595_1361720823.jpg
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MOEJOE said:
You know, I know, that somebody suggested the question of "Did the fan get to keep it?"
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MOEJOE said:
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".



Kevlar strapping with a braided titanium mesh weave overlay, and 3m shrinktubing locking it all together.

Any other questions?
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If the fence can shear the chassis off forward of the firewall, and rip the engine out, aircraft cable has no chance in hell. INDYCAR uses thick aircraft cable for tethers, but they also use pull-rod suspension and lightweight uprights, ect. Not this heavy stuff we use in stock cars. I figure that assembly there is probably 75 pounds heavier than the same corner assembly from an indycar.

FLRacingFan said:
Seeing that picture, I'm surprised people weren't killed immediately.
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Talk about counting lucky stars...
 
Usually after some one is involved in a serious accident even if they are not to seriously injured the insurance company will try to make a quick settlement. On 3/1/2004 after we were finished racing in Pomona Ca we headed to our next race in Phoenix Az. I parked the race car hauler at the track and two of my teammates picked me up and we headed to the hotel about 30 miles away. I was in the back seat of the Chevy suburban and was laying against the back door and dozed off for a while. I woke up to us barrel rolling about 6 times on interstate 10 and when it was all over one of my teammates was dead on the scene and the other one was unconscious. They air lifted the two of us to the Good Samaritan trauma center in Phoenix where we stayed for 3 days and then they released us with what I consider as minor injuries. He had a concussion and I just had a few broken ribs and a punctured lung. When I got back home the insurance company had already left a message for me to call them. When I called them they said they wanted to do a settlement with me asap. They offered to take care of all my hospital bills, the $11,000.00 helicopter ride and a check for $28,000.00. I excepted the offer and they mailed me some paper work to sign that said that I wouldn't sue them and then I mailed it back and within about a week I received the check.
 
Magnethead said:
If the fence can shear the chassis off forward of the firewall, and rip the engine out, aircraft cable has no chance in hell. INDYCAR uses thick aircraft cable for tethers, but they also use pull-rod suspension and lightweight uprights, ect. Not this heavy stuff we use in stock cars. I figure that assembly there is probably 75 pounds heavier than the same corner assembly from an indycar.
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Kevlar stretches, I think aircraft cables don't have a lot of give when they come into something like my ACL did when hit a tree with my knee on a HONDA 250R. What a mistake that was. Life changing. So don't say that it has to be head trauma to change a life. I lost my job, found out my wife loves me, and had a kid all in a year after ripping every muscle from my ass to my ankle in my right leg.

From this day forward, those who sit right by the fence are lemmings. If you know the danger, but sit there and get it, I don't have sympathy.
 
ted@economy said:
OK I'll bite . What did the NHRA do to prevent a tire from ever flying up into the stands again ?
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The tire didn't fly into the stands but it went over the wall and hit a lady down by the fence. Since that accident, the hubs on the Top Fuel Dragsters and Funny Cars have been redesigned so that all the pressure is put on the hub and not on the wheel studs, and the hubs are teathered. Here is a link.
http://www.aolnews.com/2010/02/21/fan-hit-by-flying-tire-at-phoenix-nhra-drag-race/
 
"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.''"

WTF? The powers to be at Nascar felt she'd be ok to ride home in her Dad's pickup rather than arranging for a med transport? Sure, no problen except they saved maybe 5 grand but they'll end up paying many times over that for their ignorance and lack of good will.
To be honest I'm very surprised a team, any team, didn't step up and offer to fly her back on the team aircraft.
 
Bobw said:
"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.''"

WTF? The powers to be at Nascar felt she'd be ok to ride home in her Dad's pickup rather than arranging for a med transport? Sure, no problen except they saved maybe 5 grand but they'll end up paying many times over that for their ignorance and lack of good will.
To be honest I'm very surprised a team, any team, didn't step up and offer to fly her back on the team aircraft.
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Is it possible that she got released , got in the truck and was driven home , without telling Nascar or any of the teams where she was going?
 
Bobw said:
"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.''"

WTF? The powers to be at Nascar felt she'd be ok to ride home in her Dad's pickup rather than arranging for a med transport? Sure, no problen except they saved maybe 5 grand but they'll end up paying many times over that for their ignorance and lack of good will.
To be honest I'm very surprised a team, any team, didn't step up and offer to fly her back on the team aircraft.
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You are not suppose to fly with some types of injuries. I know the doctor told me not to fly when I had a punctured lung from my broken ribs.
 
MOEJOE said:
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".



Kevlar strapping with a braided titanium mesh weave overlay, and 3m shrinktubing locking it all together.

Any other questions?
Click to expand...

lol
 
Magnethead said:
If the fence can shear the chassis off forward of the firewall, and rip the engine out, aircraft cable has no chance in hell. INDYCAR uses thick aircraft cable for tethers, but they also use pull-rod suspension and lightweight uprights, ect. Not this heavy stuff we use in stock cars. I figure that assembly there is probably 75 pounds heavier than the same corner assembly from an indycar.


Talk about counting lucky stars...
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I too thought MoeJoe was serious, until I reached the 3M shrinktube part.
 
Bobw said:
"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.''"

WTF? The powers to be at Nascar felt she'd be ok to ride home in her Dad's pickup rather than arranging for a med transport? Sure, no problen except they saved maybe 5 grand but they'll end up paying many times over that for their ignorance and lack of good will.
To be honest I'm very surprised a team, any team, didn't step up and offer to fly her back on the team aircraft.
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If I were her, I would be pissed. She also mentioned medical bills piling up. Why didn't nascar or the track call the hospitals and tell them to bill them, not the patients?
 
AndyMarquisLive said:
So, let's cut the "minor injuries" crap out. They were serious injuries. If they were all minor injuries, there wouldn't have been special reports on the broadcast networks, wall-to-wall coverage on FOX, CNN and MSNBC and it wouldn't have been the lead story in every news broadcast in America.
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Surely you jest, where is andy, what have you done with him. Where is your screamin and hollerin about the media blows everything way out of proportion for ratings. Oh thats right it is andy I'm talking about here, sorry bud. :D
 
Because Nascar is cheaper than Scrooge McDuck FB. If she can't fly they should have put her in a ambulance and driven her home. Nascar should be paying ALL medical bills and any extra expenses if related. Lots of unanswered questions, will she need more surgeries? Be able to continue her occupation? Walk with a limp? Disfigured?

To answer the original question. If a band aid covered the boo-boo no I wouldn't sue. If I underwent surgeries, out of work for a period of time, had medical expenses etc you're darn tootin' I'd sue.
 
This seems like another story that everyone jumps to conclusions. Does anyone here know the real story? I kinda doubt it.
 
She went to a race, a car came partial thru the fence, she was injured. What else is there?
 
Bobw said:
She went to a race, a car came partial thru the fence, she was injured. What else is there?
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I would just add..
She spent several days injured and in pain getting home, has unpaid medical bills, needs a wheelchair and physical therapy.

Damn, I wish the print on the back of the ticket would force this woman to STFU and just deal with it! :sarcasm:
 
dpkimmel2001 said:
You're talking about the one that's probably going after the lawsuit. Okay. Sorry, I guess that I get a little skeptical when only one side of a story is heard.
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Well as far as I know , noone asked her if she told Mike Helton she was going home. Yet he was supposed to offer her a ride. Oh and Jeff Gordon didn't offer either . I get that she was injured , she should and will be compensated , track improvements should and will be made , I don't get the blame game.
 
dpkimmel2001 said:
You're talking about the one that's probably going after the lawsuit. Okay. Sorry, I guess that I get a little skeptical when only one side of a story is heard.
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Are you saying nascar paid her medical bills and drove her home in a medical transport, but she decided to lie about it? :rolleyes:

C'mon dpk. Really? nascar's insurance wouldn't let them do anything that could be seen as an admission of responsability. I haven't heard any stories of 'back in the day before lawyers got involved' of nascar or the track jumping in and taking care of injured fans, so I would imagine they just pointed to the back of the ticket and said "sorry" until lawyers got involved.

I'm cynical of nascar and the tracks for even having that disclaimer while seating fans so close to the fence, especially after Talladega, to make a few more bucks. 99.9% of those injuries could have been avoided by taking out the lower seat where the track turns. nascar and the track sat them there to make a few extra bucks, so THEY knew what they were getting into. Corporate responsability is the real story here, not personal responsability.
 
FenderBumper said:
Are you saying nascar paid her medical bills and drove her home in a medical transport, but she decided to lie about it? :rolleyes:
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I don't think that you heard me say anything like that. Of course this is all a guess as none of us actually know all of the story behind it but my best guess is that they refused any assistance from NASCAR because of their pending litigation at the advise of their attorney.

The president of the Daytona International Speedway said on more than one occasion last week that each of the families affected was assigned a liaison to aide them in any means possible to facilitate everything that they could provide to these families. I think that it foolish to think that NASCAR abandoned any one of these families.

I can't really argue about this point because we have no information from anyone other than a statement from someone that is gearing up for a lawsuit. Feel free to continue the anti NASCAR crusade if you wish, I just don't buy into it.
 
And...disclaimers are usually seen in litigation as an admission of inherent danger.
Regardless, NASCAR and possibly the track will be writing some checks.
 
Oh yeah, I'm in the hospital with severe injuries and tell the Nascar rep, no problem I don't need any assistance, I can handle this, it was my bad for buying a ticket...

I don't have insurance so I don't know how I'll pay this bill,or even get home. If I still have a home because I can't work for a while and I really hope they hold my job open for the months it'll take for me to heal up. But warm weather is coming and I can live under the overpass and I'm sure the state will return my kid when and if I ever get a job and decent place to live. But I really want to thank you Mr.Nascar as I needed to lose a few pounds and I'm sure eating out of dumpsters will give me that motivation.

Nascars lawyers will drag out any settlement for as long as possible hoping the person gets desperate enough to accept pennies on the dollar for what's really owed.
 
dpkimmel2001 said:
I don't think that you heard me say anything like that. Of course this is all a guess as none of us actually know all of the story behind it but my best guess is that they refused any assistance from NASCAR because of their pending litigation at the advise of their attorney.

The president of the Daytona International Speedway said on more than one occasion last week that each of the families affected was assigned a liaison to aide them in any means possible to facilitate everything that they could provide to these families. I think that it foolish to think that NASCAR abandoned any one of these families.

I can't really argue about this point because we have no information from anyone other than a statement from someone that is gearing up for a lawsuit. Feel free to continue the anti NASCAR crusade if you wish, I just don't buy into it.
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OK, I totally missed that. Sorry for the rant. If she did refuse help, then shame on her. That fact alone will negate any complaints about how she was treated. Cheers to nascar for going the extra mile for their fans. :beerbang:
 
Bobw said:
Oh yeah, I'm in the hospital with severe injuries and tell the Nascar rep, no problem I don't need any assistance, I can handle this, it was my bad for buying a ticket...

I don't have insurance so I don't know how I'll pay this bill,or even get home. If I still have a home because I can't work for a while and I really hope they hold my job open for the months it'll take for me to heal up. But warm weather is coming and I can live under the overpass and I'm sure the state will return my kid when and if I ever get a job and decent place to live. But I really want to thank you Mr.Nascar as I needed to lose a few pounds and I'm sure eating out of dumpsters will give me that motivation.

Nascars lawyers will drag out any settlement for as long as possible hoping the person gets desperate enough to accept pennies on the dollar for what's really owed.
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It's not just NASCAR's lawyers that will drag it out. Lawyers for both sides will hash back and forth until they settle on the "magic" number.
 
True. The injured do have the luxery of settling when they want, but the insurance companies will tell nascar and the track what to do in order to maintain their coverage.
 
Insurance companies will always want to settle right away, before the claimant has a chance to retain representation. Once lawyers are introduced into the equation the whole process slows down. If this actually goes to court, it could be years before any of the injured receive compensation. The longer the process, usually the higher the settlement. If a claimant is physically unable to return to work and consequently unable to pay their bills, mortgage, etc. and the lawyers feel that it is a slam dunk win, the law firm will usually step up and provide financial aid to their claimant throughout the litigation process and will add those costs to the settlement.
 
BobbyFord said:
Insurance companies will always want to settle right away, before the claimant has a chance to retain representation. Once lawyers are introduced into the equation the whole process slows down. If this actually goes to court, it could be years before any of the injured receive compensation. The longer the process, usually the higher the settlement. If a claimant is physically unable to return to work and consequently unable to pay their bills, mortgage, etc. and the lawyers feel that it is a slam dunk win, the law firm will usually step up and provide financial aid to their claimant throughout the litigation process and will add those costs to the settlement.
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That is true, Bobby, and they also want to settle before you might find some other more serious complications from your injuries that might last longer then previously diagnosed. I'm sure that's the main two reasons why the insurance company offered me a settlement so quick after my accident. If I had wanted to I'm sure I could have drug it out and got more money, but I felt that my injuries were not that serious and I wasn't going to try and screw the insurance company. Everytime someone takes the insurance companys to the cleaners for more then what they deserve then they just make insurance premiums more expensive for everyone else.
 
BobbyFord said:
Insurance companies will always want to settle right away, before the claimant has a chance to retain representation.
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Right because the average person has no idea of what his or hers injuries are worth. This is their first time to the rodeo, not so for the insurance company. They have stat after stat of what a injury should "cost". If they can save a few bucks it's a score for them.
 
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