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NASCAR Fans To Sue Over Daytona Crash

Daytona crash sparks debate about fan videos

At least three NASCAR fans are planning to sue the Daytona International Speedway over a crash last weekend that injured more than 30 spectators.

According to Beyond the Flag, three of the injured spectators have contacted the personal injury law firm Morgan and Morgan about a lawsuit. The firm’s founder John Morgan said that four other fans have made appointments to meet about their legal options.

Morgan told the Daytona Beach News Journal that the main focus of the lawsuit will deal with the “assumption of risk.” Morgan said that basketball fans sitting courtside assume that they are at some risk since there is no barrier between them and the players. The fans at the Daytona International Speedway, however, had no reason to assume that they were at risk since they were sitting behind a protective fence.

Morgan said:

“When you go to a sporting event, if you are underneath the basket that’s where your seat is and Shaquille O’Neal comes after a loose ball and dislocates your shoulder, you sat there knowing that was a risk … This case here is going to be different because the fans who were sitting behind that fencing did not really assume a risk like you would think, because they were assured that fence could weather anything coming through it.”

Morgan said that three fans have already signed on to sue Daytona over the crash and that more people have scheduled meetings. A representative for the Speedway, however, said that they have not received any legal notices about a lawsuit.

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Comments

46 Responses to “NASCAR Fans To Sue Over Daytona Crash”

  1. Anonymous

    These will be the first people to complain when ticket prices go up, too. Ticket prices will go up when you sue for a bunch of money. They will have to make up for it somewhere.

  2. Anonymous

    The "ambulance chasers" were probably waiting at the hospitals as soon as the announcement was made concerning where they were transporting the injured spectators.

  3. Anonymous

    Unless that fence is solid there is debris that will get through the fence. Sitting in the first few rows puts you at risk of unknown circumstances. Yeah, it bad that people got hurt but to sue the speedway for injury is ridiculous. Next they will be ticked that there is track debris (rubber) in their beer in the first few rows. I don't agree with this at all. I'm sorry you got injured but the outcome could have cost that driver his life. Everyone involved was very lucky it wasn't worse.

  4. Steven Resnick

    That is the dumbest rationale I've heard of! Hey at a baseball game since there's netting and a foul ball comes your way I guess it's baseball's fault if someone gets hit. Also, try to get the lawsuit past a judge it will get thrown out. Ticket says as much helps to read what the contract actually stipulates.

  5. Richard Gillis Sr

    sue crazy people why don, t they just wait and see what the speedway is going to do before they sue but ofcoarse then theirs all these law firms that when something like this happens they go visit the people nd call them nd tell them oh we can get u all this money but the bottom line is they want to line their pockets the majority of these big firms don, t care about you just their pockets my opinion.

  6. Wanita Parrott Romer

    Ther is always a risk when you attend these events. They should have all medical paid for and then maybe a cash settlement of 25,000. that is it.Suing for millions is ridiculous.

  7. Nathan Berg

    the only thing that will prevent this from happening again is a solid concrete wall and nobody close to the track…if I was the judge, I would throw this out of the court as soon as I got into the court room. These fans went there for a race and the possibility of seeing a crash…they seen a crash.

  8. Anonymous

    Nascar is paying there bills so this is just complete greed what a bunch of crap these people all got the same attorney or did the firm show up making million dollar promises and they fell for it if nascar wasn't paying there bills and didn't make any attempt to help them I could see this but now there just greedy.

  9. Jason Lesik

    Can't fix stupid….guess that is why they make fun of us NASCAR fans…..

  10. Wesley Mills

    I've been to several Nascar races in the past three years, and I've never been "assured that the catchfence will withstand anything". As most other people here have said, just people wanting to sue over nothing. I was hit by a brake pad that flew through the catchfence, and my first thought was "well I shouldn't be all that surprised at this" because I was sitting close to the racing surface. Lawsuit never entered my mind about it. They patched me up at the medical center at the track and I was ok. I was in pain because of the injury but thankful because it could have been much worse. Plan on ticket price increases after this is all over.

  11. Anonymous

    Nascar is paying there bills made sure there families were taken care of and got them there took care of there cars and or hotels and anything else there needed but a law firm shows up and gives them million dollar promises and anything decent goes out the window pure greed don't expect things to happen behind a fence please I hope they lose but daytona will settle which is why there doing it greedy people are sickening.

  12. Jim Chandler

    Of course they'll sue. The ambulance chasers, Morgan & Morgan, were probably setting up a table before the debris stopped sliding. When you go to an event like this you do so at your own risk. If the American people would just learn this and the idiot juries would stop awarding large sums for minor things, this country might get back on track. As Shakespere said, "First we kill all the lawyers". Sometimes it seems like a good idea to me. If this ever goes to trial I would love to see a jury say, "Sorry. You knew it was dangerous and you went anyway. You get NOTHING, AND you have to pay the track and NASCAR's legal fees". Wouldn't THAT be great?

  13. Paul Fredericks

    B.S. The #32 car was not the only car in NASCAR history to walk up that fence, Richard Petty did it, Bobby Allison and many others…so fans not expecting that to happen at any given time is B.S.these so called fans, bet ya band wagon will drive the cost of tickets to make it so no-one else and sit in the stands…let alone the catch fence! Twits! thanks

  14. Alan Butts

    well…Im going to sue also…I jumped up when the wreck happened and twisted my knee….You people are the main reason why alot of people cant afford go to a race….you are the once who had to sit in the front….if you poeple think that nothing like that could ever happen sitting in the front rows of a Nascar race….you have got tobe a special kind of DUMB.

  15. Adam Messing

    Wait, these people actually thought that sitting track side behind a chain fence while cars speed by in excess of 180mph was a good idea and that they were safe? Apparently common sense isn't to common. I wish them well with their recovery but to sue NASCAR for this is just retarded. I am sorry but it is. You should know that your safety at an event like this cannot be guaranteed. Now, if they were shot by some crazed lunatic that would be one thing, but they bought tickets and showed up KNOWING they would be watching these cars speed by and waiting for these wrecks to happen. Just listen to the audio from the homemade videos of the crash, they all go nuts in excitement before the car hits the fence.

    NASCAR is no more at fault for this then the fans that knowingly showed up and watched this. It's simple physics people. It is nearly impossible to stop a car from going air born at 180mph while said car is also being hit from a car behind. I honestly hope they lose. Again, I wish them well with their recovery but personal responsibility is something that appears lost on this country.

    This is akin to suing the MLB if you get hit by a line drive while sitting along with first base or third base line. You know very well that there is this possibility and should plan accordingly.

  16. Mike Murphy

    Ya.. unfortunately, Nascar will probably lose this case big time. It's foreseeable that a car would crash and so they are going to be gutted with negligence. Every race track now is going to have to install some serious blockades around the tracks… I don't agree with it, but this class action is going to make some attorneys some serious dough….

  17. Adam Messing

    Fuckin pisses me off though, because this is why we cant get away from frivolous lawsuits. You can sue for basically anything nowadays and its a giant waste of taxpayer money.

  18. Patti Hudson

    They say right up front there is risk…they won't lose this" big time". The risk is yours when you buy a ticket and go. No barrier will stop a tire flying through the air. It will come down where ever it wants.

  19. James Henderson

    I hope nascar and Daytona fights this. Stupid people, you bought tickets to a nascar event, where the crashes are the big draw, and you signed a waver when you bought the tickets.

  20. Anonymous

    Jury Trial Pimps out finding some tricks for their cash flow. Show me a trial lawyer and I'll show you an oversized tapeworm.

  21. Loren Jones

    I call BULLSHIT people!! There'san assumed risk anytime you go to any race! A fence won't always keep your dog in inside, let alone a racecar travelling at 185mph! the only way to to avoid that risk is to stay home and watch on t.v.! The last time I checked there's a waiver on the back of your ticket where you accept the risk of injury by your attendance.. don't get me wrong,i hate and I'm sorry that people were hurt but in reality they all knew there was always achance of something like that happening..

  22. Anonymous

    NOBODY HAS EVER said the fence would ASSURE anybody or anything from harm! Morgan & Morgan is ridiculous. That is the same thing as saying guard rail on the mountain pass road is there to ASSURE you wont crash thru it and go down a cliff….Its there to help that from happening. NEVER ASSURED> good luck.

  23. Tammy Ellis

    Sitting at a racing event where the cars are passing you at 200 miles an hr and you are not at risk? REALLY? I don't mind that they are suing I expected it but to sue it on that claim is RIDICULOUS! Going to any sporting event is a RISK, driving everyday is a RISK should we all sue the car companies because we choose to drive our cars everyday? I HATE LAWYERS.

  24. MaryAnn Tanner

    This is idiotic even to consider sueing over! When you go to these kind of events and you purchase those tickets for these races it clearly states that they are not responsible for these exact possiblities. I am sorry they got hurt but, who knew this was going to happen. Maybe we need o take another perspective on this and it is this.. Maybe this accident happened and this particular people got hurt because they themselves are needing to take a long look at there own lives and change something within it. The time they will spend healing gives them the time to persue avenues of change. Not to go after a sport that is exactly what it is , a high speed fast pace event that keeps you on your edge of your seat wondering what is going to happened next , that is the thrill of it! So those of you that are sue happy maybe next time reconsider going to a thrill seeking event, just stay home in your own little world where you won't get a injury unless you purposely hurt your self. I myself if these cars are slowed down anymore or these racers are stopped doing what they do and are good at , What purpose is there of even having a race. After Dale Sr. died Nascar has imposed so many regulations and stipulations that the races for the most part are boring. Why not go back to the times when the races were exciting and fun to watch!

  25. Jessica Presler

    So how many more youtube videos and tv do people have to watch to KNOW that vehicles crash and people-by standers get hurt. Two people run a yellow light and crash… both are at fault, but if one of them dies… no one is at fault, its just a sad (true) story. Go ahead people… keep suing until everything enjoyable is gone, just don't, please don't take it as a lesson learned and go on with your life, its to traumatic.

  26. Johhny Stix

    This is off the back of a ticket from Bristol. In bold letters it says, "Bristol Motor Speedway regrets that it's efforts as to spectator safety do not eliminate risk or injury to spectators. Debris from an accident may enter the seating area resulting in serious injury and or death. Your participation in this racing event and all related activities as a spectator is at your own risk" All tracks have this same warning/disclaimer right on the ticket. These people will get nothing!

  27. Stan Desch

    I'm pretty sure that the speedway is already taking care of any medical bills and maybe even taking care of some lost wages for some because of this. This just comes down to greed mostly by the Lawyers. They didn't have to get tickets that close to the speedway this is not the first time debris has flown up into the stands so Yes they knew there was a risk. The catch fence I think did an awesome job kept the car on the speedway and the engine stopped at the base of the fence. Yes some smaller debris did get thru to include a tire but after all that impact I would consider it very little. 10 years ago there was only hay bales and tires as barracades oh but then there wasn't so many ambulance chasers then. I am sorry people got injured but lets use some common sense here car 200 mph = metal fence who wins. Lawyers just trying to get paid off of someone else accident again RIDICULAS.

  28. Kimberly Dawson

    Have you seen the people suing Disney land for the characters being "mean" to kids

  29. John Long

    Ok it clearly says on the tickets: the holder of this ticket expressly assumes all risk incidental to this racing event. Holderhereby releases and holds harmless its affiliates, all race participants, sanctioning bodies, and all employees, agents, officers and directors or managers of any of the foregoing from any liability, claim or cause of action for injury or death from incidents that occur while walking or visiting the pits, garage, infield or other part of the property. Your participation in this racing eventand all activities as a spectator is at your own risk. So they should have read the back of their tickets and its in black and white saying, you are there at your own risk. So NASCAR or the track doesn't really have to pay nothing.

  30. Ginger Goslin Martin

    Does anyone at a race really believe – to quote the law firm- "because they were assured that fence could weather anything coming through it.” Anything coming through it is really a stretch! I've been going to races for years, and I've never been assured that it's completely safe. The entire setup implies danger and risk- that's actually The Draw, isn't it?

  31. Anonymous

    Moving the stands back about 50 feet and installing a second fence should do it. How do you like it now?

  32. Anonymous

    Moving the stands back about 50 ft and installing a second fence should do it! How do you like it now?

  33. Sebrina Mikelson Herliska

    Most likely they will settle out of court simply because it's cheaper. And unfortunately, ambulance-chasing lawyers know this. You think a fence will protect you from everything?? Next time watch it on tv at home.

  34. Michael Langley

    Sad thing is, the people suing are not worried about paying the legal fees. Their lawyers work for nothing, unless they win! Thieves! Do they really think that the rest of us believe they think they would be safe, under all circumstances, if an accident happened? Not even common sense! Stupid is more like it. And, sue happy!