Lawsuit from a Panigale Rider

Ducati Forum

Help Support Ducati Forum:

I have not read all the responses, so all of this has probably been debated. I roadraced at an amateur level 35 years ago so I'm not without experience in this discussion.

First of all, quit talking about the fact the guy should not have run off the track. This is why we have track days....so that an inexperienced rider can go out and have fun. Very few people who have raced or tracked have never gone off the track.

The sand bags should not have been there. I do think there was a degree of negligence there. For many, many years tracks have worked hard to make the tracks safer. That was inexcusable.

Next, don't blame the rider or the lawyers. They don't make the rules. The courts and the laws of the land make the rules. If you don't like it blame the law makers. I fully agree that we pay out way too much in "damages" in this country. In this case there was probably contributory negligence and I'd be okay with the track being held responsible for half of the actual damages and medical expenses, but no more.

I don't necessarily think that signing a waiver eliminates the ability to file claims when there is negligence. We as individuals are at a huge disadvantage when businesses have the means to have attorneys write contracts that as individuals we simply don't have the means to fully understand or negotiate.

But again, I'm talking about negligence being the key here. Was it or was it not negligence on the part of the track? That should be the only grounds for a lawsuit in my opinion, and only actual damages caused by negligence should be considered.
 
As stupid as it sounds, knowing the terms survival reaction and target fixation, having pondered off in my mind when not at full gas, it really looks like he tried to ....... hit those sandbags.

Physics would have let him go by them on their right, not pondering off and keeping a tight line, with the head turned in, would
Have kept him on track.

So, weird or not, after not hitting them all day, running a ...... turn while being held up (implies slower than his capabilities), it looks like he went to hit the sand bags. There. I said it. Insurance fraud. A little pain here, a little shitstorm there, but
$$$ in the bank.

.... that .......
 
Phl said:
As stupid as it sounds, knowing the terms survival reaction and target fixation, having pondered off in my mind when not at full gas, it really looks like he tried to ....... hit those sandbags.

Physics would have let him go by them on their right, not pondering off and keeping a tight line, with the head turned in, would
Have kept him on track.

So, weird or not, after not hitting them all day, running a ...... turn while being held up (implies slower than his capabilities), it looks like he went to hit the sand bags. There. I said it. Insurance fraud. A little pain here, a little shitstorm there, but
$$$ in the bank.

.... that .......
Click to expand...

No way .
 
Phl said:
As stupid as it sounds, knowing the terms survival reaction and target fixation, having pondered off in my mind when not at full gas, it really looks like he tried to ....... hit those sandbags.

Physics would have let him go by them on their right, not pondering off and keeping a tight line, with the head turned in, would
Have kept him on track.

So, weird or not, after not hitting them all day, running a ...... turn while being held up (implies slower than his capabilities), it looks like he went to hit the sand bags. There. I said it. Insurance fraud. A little pain here, a little shitstorm there, but
$$$ in the bank.

.... that .......
Click to expand...

No way is right. I don't agree on several levels.
 
I'm not reading through 7 pages but having raced 10 seasons and done many trackdays i'll just say this..........

The guy is an ... and it was his own fault. Just a little ..... trying to get something for nothing. The motorcycle community out there should get together, show up at his house and break both his ....... legs to teach him a lesson. Then on to his lawyers house. Oh, and don't forget to burn both houses down when they're done. Disgusting display of greed.
 
cpettit said:
I'm not reading through 7 pages but having raced 10 seasons and done many trackdays i'll just say this..........

The guy is an ... and it was his own fault. Just a little ..... trying to get something for nothing. The motorcycle community out there should get together, show up at his house and break both his ....... legs to teach him a lesson. Then on to his lawyers house. Oh, and don't forget to burn both houses down when they're done. Disgusting display of greed.
Click to expand...

Wouldn't they just try to .... over the insurance companies then by claiming a bunch of fictitious items they don't own? :p
 
I had a very good car instructor tell me many years ago that cool down laps and caution laps can be very dangerous.
Mainly because your brain relaxes much faster than you speed drops. A lot of accidents happen when people slow down, relax and lose focus.
Combined with it being a session late in the day when he was probably fatigued mentally and physically.

No way he did that on purpose.
 
Although I feel several people on this forum have eloquently made a strong argument for the guy getting paid to some degree . In the end I say .... that guy . there is no way I would sue anyone in this case -the guy is a huge ...... bag and we all know he is screwing us. millions really? fuchhk that. Laguna is a somewhat dangerous track, but all motocross / road racing tracks bring an inherent danger WE ALL know this and if you don't know this you're a fuchikng ...... . sorry - it makes my blood boil
 
Phl said:
Already hitting the community

Same insurer:


WMRRA: Loss Of Insurance Forces Cancellation Of Round One, Puts 2018 Season In Jeopardy
Click to expand...

Track access at Laguna Seca by "two-wheel civilians" is already quite limited throughout the year. The amount of the lawsuit is considerably more than it costs to host a MotoGP event there, which from what I understand SCRAMP is unable/unwilling to pay even though it brings more than the lawsuit amount to the local communities and track (which the city of Monterey owns). I doubt the city of Monterey will be held liable, however, imagine for a moment that civilian trackdays at Laguna are taken away as a precautionary move by the city?

.... Kim and his litigation team. Anyone who can even consider $15 million for that incident, regardless of fault, is already suspect in my book. I hope his startup does get off the ground, and that the first person who gets injured on one of his bikes sues him for $100M.
 
Last edited:
Phl said:
Peolpe do desperate things for $
Click to expand...

If his version of events matched the video, sure accidents happen but looks like he rode straight at them no "oh ...." moment and target fixation.

Agree after easy $$$
 
There is no way someone is going to ride into a sand bag to make some coin there are much easier ways of insurance fraud than doing a Humpty Dumpty .
 
Gets interesting as the court room is played out .....Read where the ride day company could be negligent in not having a system that prevents non attendees to a briefing from getting on track. Phillip Island Ride Days recently implemented a system to check that all registered riders display a stamp on their registration wrist band in pit lane.

Question ...... what would have been the outcome if the sand bags werent there and the culvert was not in disrepair ?? The guy is a .... , but he sees it differently and has gone to a lawyer who is only doing his job (being an arsehole), and would state that there was a PRECEDENT where some one had a pay out of 12Mil, lets go for 15 . Mind boggles and obviously most of us would wear it on the chin and put it down to the game we are in.
 
Let's get down to brass tacks here...WTF DOES happen to those birds???

"Cape Barren geese have a wing span of 6 ft, so no small issue, and are always at Phillip Island and mysteriously disappear the week before Moto GP . See where this all leads to."
 
Calderara di Reno said:
Gets interesting as the court room is played out .....Read where the ride day company could be negligent in not having a system that prevents non attendees to a briefing from getting on track. Phillip Island Ride Days recently implemented a system to check that all registered riders display a stamp on their registration wrist band in pit lane.

Question ...... what would have been the outcome if the sand bags werent there and the culvert was not in disrepair ?? The guy is a .... , but he sees it differently and has gone to a lawyer who is only doing his job (being an arsehole), and would state that there was a PRECEDENT where some one had a pay out of 12Mil, lets go for 15 . Mind boggles and obviously most of us would wear it on the chin and put it down to the game we are in.
Click to expand...

The rider's meeting is very basic here in the States. They go over the different flags, entering and exiting the track, crash procedures, pit speeds, vendors and maybe a raffle. None of them that I've gone to actually walk the track. A few staff riders may go out and rip on the track during the meeting so anything that isn't on the tarmac doesn't matter. It's basically, they paid to rent the track, this is not a race, you're not a pro, we've got your money so now we own you. haha

A lot of people here are missing the point. We all ride on the track, race and we all need an adequate crash zone.

Those sandbags are there temporary and IMHO, if they were brought up at any time throughout the day, I doubt the track org would halt any sessions and address to the folks at Laguna. T5 is supposed to be a very smooth crash zone but not if you put an object in that zone that'll get you some air.

15M is a stretch but keep in mind, those who live in NorCal know that here is a life flight policy available just in case. Air Lift costs was about 20K for a short 5 min trip from T Hill to Kaiser. Tack on the other medical costs and it starts to add up.
 
RRnold said:
The rider's meeting is very basic here in the States. They go over the different flags, entering and exiting the track, crash procedures, pit speeds, vendors and maybe a raffle. None of them that I've gone to actually walk the track. A few staff riders may go out and rip on the track during the meeting so anything that isn't on the tarmac doesn't matter. It's basically, they paid to rent the track, this is not a race, you're not a pro, we've got your money so now we own you. haha

A lot of people here are missing the point. We all ride on the track, race and we all need an adequate crash zone.

Those sandbags are there temporary and IMHO, if they were brought up at any time throughout the day, I doubt the track org would halt any sessions and address to the folks at Laguna. T5 is supposed to be a very smooth crash zone but not if you put an object in that zone that'll get you some air.

15M is a stretch but keep in mind, those who live in NorCal know that here is a life flight policy available just in case. Air Lift costs was about 20K for a short 5 min trip from T Hill to Kaiser. Tack on the other medical costs and it starts to add up.
Click to expand...
No disrespect intended especially since you have a lot of valid points maybe this Is a California way of thinking vs mid-west way of thinking .
IMO
where I live we have at least 4 life flight helo I'm sure most of the tracks I go to have a samaritan type helo. if you go to a trackday and cannot afford to get hurt and or do not have insurance with funds to cover your injuries You're not thinking clearly you shouldn't be on a track .
I've never been to a trackday where the people putting it on didn't warn the riders of hazards off the track. usually they say "take it easy in turn XX you don't want to go down in turn XX" as far as I know every track has at least one corner like this- laguna has several (IMO)
I was in Maui last week and watched so many people trying to surf and getting wadded up bad. it surprised me how many of those people thought there was no risk involved. I saw people getting lessons going into rocks and people trying to surf on their own getting pummeled by huge waves. I bet I saw 20 people in arm slings .
We as road racers and track-day riders should never be like those surfers their ignorance is based on being on land all day and never riding the big wave undertow and such is foreign to them.
if you ride a motorcycle one day you decide to hit the track and you feel there should be compensation for crashing - I just can't find the words .
 

Register CTA

Register on Ducati Forum! This sidebar will go away, and you will see fewer ads.

Recent Discussions

Back
Top