Will this release a track from injury to a pit crew member in court?

The waiver and signature is to show that the people entering acknowledge that racing is dangerous.
Nothing completely, or automatically eliminates anybody from liability.

For the most part, it is on us to be safe.
Gross negligence on the tracks part would be an example of them being liable.

Gross negligence on our part also makes us liable, it happens on both sides, and has been proven in court that the waiver is not the end all, be all.

My wife works in insurance. Those waivers are completely useless.

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Originally posted by No Drag:
Will this release a track from injury to a pit crew member in court?

It depends on who's fault it is.

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My wife works in insurance. Those waivers are completely useless.

I am an attorney. And that is not a true statement.

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Originally posted by Edd Harney:

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My wife works in insurance. Those waivers are completely useless.

I am an attorney. And that is not a true statement.

I am not an attorney and I believe you are 100% correct!

Those waivers are not useless. Jack your car up, don't use jackstands under it, and let it fall on you. Let's see you try to sue the track. You ain't getting no where.

(Not meant for you Edd H.)

I know what people have tried to sue for, some that got around the waivers, others that did not.

Same goes for the waivers for doctors and procedures........

17 years of track ownership. The Waiver, if dated and actually signed correctly is helpful but that is about it.
If the track is negligent as far as warning signs, fencing, procedures like no tech inspection, etc the track and it's insurance carrier could be found liable. Not an easy thing to get to court as insurance companies like Summary Judgements and try to keep judges and juries out of the process.

If another racer is negligent and injures you or damages your property that is between the two parties but the track will get drug into it to prove they did their best to prevent the situation. On track crashes are a totally different thing as it is considered the "Restricted Area" and is another animal as far as liability claims I have seen go.

Looking at both sides I would like to think the waiver protects the track from MOST lawsuits. No track could survive if every time some guy lost control he sues because he does not think the track prepped it well enough for his awesome horsepower.

On the other hand we assume the track is taking reasonable safety precautions, (Ambulance and fire extinguishers etc.). Lets say they are having a race at a track you have never been to and you get there and race. Two people have a wreck and one dies of injuries because there was no ambulance on site and the other guy gets severe burns because they had 9 fire extinguishers but we find they were all empty. He later dies of his injuries. Who is at fault?

We assume a certain amount of risk racing but it is also expected for the track to take reasonable safety precautions.

Think about this, You have spent WAY more money on your car than you can really afford but it was your dream and you made the sacrifices and bought it. Now some 13 year old kid comes racing a 4 wheeler around and hits your car and pretty much totals it? Who is responsible? The kid? He has no money. His parents? I guess if they are responsible adults they may help but would not count on that. The track? Well they have rules no kids racing around the pits yet they never enforce it. If the track had enforced the rules no children driving vehicles and no speeding in the pits then it would not have happened. While the track is not necessarily at fault here I would think they are negligent and some what responsible for allowing it to happen.

Another possibility, Saturday I was driving a blown altered and there were thousands of spectators there. Got big blower up in front of me fairly hard to see and as I am driving to the staging lanes had some people just walk right out in front of me with out looking or anything. They did not look or listen or anything. What if they got hit? Who is responsible? The Stupid people that can not see or hear and do not look where they are walking? The driver of the car? The track?

What about where this guy with a small tire turbo car made like 4 passes in one day and every time he almost lost control yet he kept coming back up there. His "Posse" on the starting line is acting like he is such a great driver saving it three times in one pass. What if you just pulled in the gate, get unloaded warmed up and go up there to make a pass and that guy is in other lane totals out your car. Who is responsible? Everyone but you knew the guy could not get it down the track and was an accident waiting to happen. Now your junk is totaled. We accept a reasonable responsibility but that guy should not have been on the track at all.

I am not taking sides here or anything just throwing out some possibilities to think about and get your thoughts on it.

Dave Russel’s wife was killed at Pomona years ago by a wide open out of control Blown Altered while walking through the pit area next to her husband. The accident injured several other people and crushed several race cars including Tony Nancy’s Top Fuel Dragster. I believe that NHRA made an out of Court settlement with Dave (Russel Fitting/Plumbing Company). To their credit NHRA made a number of safety changes after that accident. I still remember the name of the guy driving that Altered.

In spite of their best effort a race track is a inheritantly dangerous place especially for, and in some cases because of, young children who feel they are entitled and at the same time invincible. The most dangerous person in the pits is an underage kid recklessly driving a four wheeler. Zero responsibility with zero financial ability to pay for any damages or liability. FYI: The track and the Sanctioning Association are more than likely not going to assist you in a Law Suit.

Your best protection is to immediately report that vehicle and person to the Track Authorities, and don’t feel guilty about making that decision. If not of the safety of yourself, your Crew or your Family report them, it could save someone else from injury.

If this sounds like a per peeve of mine, you would be absolutely correct.

Bob

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Originally posted by RPROGAS:


Your best protection is to immediately report that vehicle and person to the Track Authorities, and don’t feel guilty about making that decision. If not of the safety of yourself, your Crew or your Family report them, it could save someone else from injury.

If this sounds like a per peeve of mine, you would be absolutely correct.

Bob

That is good advice for several reasons. If I knew the kids parents would take care of and resolve any issues quickly then no problem accidents happen. But now days people do not want to accept responsibility for their own mistakes or stupidity. Everyone gets a Participation trophy and blames everyone else for their problems.

Here's one for ya to consider..

As told to me by Frank K. as I didn't personally see it. Several years back one of the girls working for us in Div 4 at a Nitro Jam at Memphis was on a scooter taking tech cards to the tower. As she was threading her way through the staging lanes she stopped/accelerated pretty quick, and dropped the scooter on a dragster sitting there.
I'm not sure how much damage was done but according to her the owner told her not to worry he would take care of it.
Some time later a bill arrived at IHRA offices for them to pay, they did and she hasn't worked a race since..

She admitted to not having much experience riding a scooter and obviously shouldn't have been riding a scooter in crowded staging lanes.
But (according to her) the owner said he would take care of it, and still sent the bill to IHRA.
IHRA paid the bill.

Just an example of 2 wrongs and a right..

Dave

I have been told by several Atty's and three judges.
You cannot sign your rights away for an incident or accident that hasn't happened. Now several other factors can come in play but that is the basics.