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Old 10-16-2014, 09:58 AM   #41
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How is it up to him to decide if your a level 3 rider or not? I just dont see him winning this. But sucks you still have to get a lawyer and go through all this. Gl man
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Old 10-16-2014, 10:00 AM   #42
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I think the waivers should cover "ON TRACK Incidents" and incidents involving track operations personnel. If the fry cook is negligent in preparing the meat and you get sick, you should be able to have a recourse for that. If a participant is negligent and back his trailer over your bikes in paddock which results in a fire that destroys them and your gear, you should be have a recourse for that. If you come flying up on a rider you think is sketchy and you choose to pass him close and you hit him because incorrectly predicted his line, its actually your fault and though he may want to sue YOU, hey that's raci... ur ah... riding track.

and yes I think they should ban this kid for breaking the CODE.

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Old 10-16-2014, 10:00 AM   #43
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Quote:
Originally Posted by triumphant675r View Post
I wouldn't be too surprised. I had to sign a statement verifying there was no trophys or awards of any kind. Farmers paid for the bike and gear, but medical ins took the brunt of the hit.
Or at min have you either sign a waiver or pay extra for that kind of coverage.
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Old 10-16-2014, 10:02 AM   #44
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Quote:
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If "any other persons" was sufficient to cover everyone (a reasonable person would think it would be), then why does the waiver name "sponsors, its volunteers and corner workers and track facility"?

http://extrememotorsportstrackdays.com/legal.html
to specifically address things from their perspective. I'm thinking this kid will be told to take a hike, but I know Josh is going to incur legal fees even if that is the outcome. This douchebag on MH?
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Old 10-16-2014, 10:06 AM   #45
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My guess is yes
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Old 10-16-2014, 10:09 AM   #46
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So this guy runs into Josh, and then decides to sue? this guy. I hear each time I do a TD, that it's the persons in back responsibility to maintain separation from dude in front. Common sense. Doesn't matter riders skill. And I KNOW Josh is a very fast guy, maybe not the fastest, but more than capable of riding with lvl 3 guys. Again, this polish .
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Old 10-16-2014, 10:11 AM   #47
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Quote:
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to specifically address things from their perspective. I'm thinking this kid will be told to take a hike, but I know Josh is going to incur legal fees even if that is the outcome. This douchebag on MH?
I'm sure the lawyer will first try to settle out of court. If that doesn't work if the lawyer wants to take it court, there will be a trial, period. Whether the dumbass that filed the lawsuit will be awarded damages is anyone's guess.
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Old 10-16-2014, 10:13 AM   #48
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Quote:
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That doesn't mean that your insurance company would pay for lost wages, medical bills, and the pain and suffering of another rider that claimed you caused a collision on the track
they won't pay to someone else
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Old 10-16-2014, 10:13 AM   #49
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Quote:
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they won't pay to someone else
Didn't think so
Do you know if any insurance company would write a policy to cover liability for a track day?
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Old 10-16-2014, 10:18 AM   #50
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Quote:
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Really?? Fastline had to confirm to my ins. co. That it was closed course instruction and not a race, then they paid for everything from my wreck.
not all companies cover it
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Old 10-16-2014, 10:19 AM   #51
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Honestly, you could have been in Level 3 and still been in the same situation. You could have slowed up for some reason, he could have just been that much faster than you, or you could have had engine trouble.

Josh, we all seem to have your back on this. Good luck.
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Old 10-16-2014, 10:31 AM   #52
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Pawel Wieczorek is a .

I don't know him, but base the above personal opinion on the lawsuit.

We all know the risks when we do track days/race/live our lives.

Have insurance to protect you and your family. Accept the risks or don't ride/do track days/race/live your life.
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Old 10-16-2014, 10:33 AM   #53
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Take it the jury man, don't settle out of court. No way that a jury is going to look at this and give the douche bag any money. It's pretty clear from the documents you signed that this is risky to the point of death and you knowingly participated anyway. Unless you were specifically NEGLIGENT (as in tried to cause the other guy to crash on purpose), which has to be proven, then there is no case. Plaintiff is n hole.
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Old 10-16-2014, 10:50 AM   #54
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No jury in civil court.
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Old 10-16-2014, 10:54 AM   #55
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Quote:
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No jury in civil court.
In small claims court, no, but civil lawsuits do have juries. I've served on one.
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Old 10-16-2014, 11:01 AM   #56
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you can have a jury in small claims court. I did when I sued.

Jury made the decision in my favor too.
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Old 10-16-2014, 11:05 AM   #57
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Old 10-16-2014, 11:07 AM   #58
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Quote:
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Is there vid of the crash
There's vid somewhere. It was posted last year when this happened.
Thought it had been up here at one point. Think it was WFO also.

Not much to it. Passee came into passer's line as passer made a very close pass in between T-11 & 12, IIRC.

I've seen dumber at other orgs without lawsuits.
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Old 10-16-2014, 11:09 AM   #59
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Sad that some people would resort to pulling this sort of legal stunt. Not knowing the specifics of the incident, I still think the likelihood of the plaintiff prevailing in this case is slim to none, especially if he hit you from behind. But... you are still gonna be out $$$ in legal fees.

In additional ruptured bladder, etc., said plaintiff appears to suffer from Delusion of Grandeur.
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Old 10-16-2014, 11:14 AM   #60
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Quote:
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Sad that some people would resort to pulling this sort of legal stunt. Not knowing the specifics of the incident, I still think the likelihood of the plaintiff prevailing in this case is slim to none, especially if he hit you from behind. But... you are still gonna be out $$$ in legal fees.

In additional ruptured bladder, etc., said plaintiff appears to suffer from Delusion of Grandeur.
I know next to nothing about the legal system... Can you not do some sort of "counter-sue" to cover your legal fees, lost wages, etc?
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