February 23, 2013 will go down in history as the second worst, spectator involved catastrophic crash at a NASCAR race, since 1999. Granted, the results were not as horrific as the race in which the motor Speedway at Charlotte experienced an incident in 1999. Flying debris from a tire suspension found its way into the spectators stands once again and the ensuing death of three spectators was the result. The year before that, at the International Raceway in Michigan, more tire debris resulting from a crash would be to blame for the death of the same number of spectators… but the unfortunate circumstances of those past incidents did considerably little for the victims and families affected by February’s crash, in Daytona. Who is to blame in a disaster of this magnitude? The driver who initially crashed? Perhaps the driver whose car flew through the barricades and into the crowd. Is it the racetrack that is to blame, for not putting up sufficient fencing to stop an airborne race car? Is it the fault of the fencing compan,y who made the fencing in the first place? Does it matter whose fault is it?
Fault Is Going to Come into Play Eventually
You probably thought you were one of the luckiest guys eve,r when you landed the tickets to that February 23 Daytona 500. Even luckier was the fact that you were so close to track side. Right up until just past that final corner of the race. Right up until that number 32 car driven by Kyle Larson somehow went freakishly airborne and smashed into the spectator area, while cars all around him smashed, crashed, partially disintegrated and scattered. As a driver, staring death and danger in the face every time you sit behind the wheel of your race car is an accepted risk. As a NASCAR fan however, you should not be expected to take the same risks. This will undoubtedly be the argument that some of the best Florida injury lawyers and the spectators, from this year’s Daytona 500, will use in court… If indeed it goes to court. The fact that NASCAR is already looking into better catch fences speaks volumes.
If this accident had taken place at the Indy 500 and you were in the crowd that day, you’d probably already have gotten yourself a lawyer and would be pursuing a lawsuit against the racetrack. And, it’s okay to file a suit against someone, when there is blatant negligence on their part. Technically, even minor negligence would probably still make a decent suit in court. But, accidents happen, every single day, and people get hurt. When the damages are considerable enough and the suffering intense, compensation of some sort will probably be sought after, by the victim and their choice of legal representation. It only stands to reason.
The best way to protect yourself against a lawsuit like this is to make sure that you are as aware of your actions, as anyone can possibly be and that you always provide people with a safe atmosphere, when they are in your home, your place of business, or your vehicle.