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Old 04-05-2018, 08:37 PM   #12
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Join Date: Feb 2017
Location: CO
Posts: 904
Originally Posted by thstone View Post
The first thing that I want to make clear is that I fully believe that we all take responsibility when we enter the track.

But after talking with a couple of friends about this case, I wanted to convey what some people believe will be the basis for the rider's claim of gross negligence;

The rider will claim that the sandbags were never intended to be part of the track run off area. The rider will present evidence showing that the design of the track never included sandbags in those areas.

Thus, the rider will claim that the sandbags created an "artificial obstacle" that either caused/contributed to him crashing or caused his crash to more serious than would have occurred if the area had been maintained consistent with intended design of track runoff areas - meaning plain dirt/gravel.

Furthermore, the rider will claim that the sandbags were not placed there to improve the safety of the racers but to accomodate rain. Therefore, the safety of the sandbags had never been properly evaluated in terms of risk and the potential for reducing safety, and thus, they should have been removed after any threat of rain had passed to avoid creating an artificial obstacle in run off area.

Your thoughts?
Stone, I think the question would have to be, how long have the bags been a part of that area? You do make a couple of good points, but tracks have hazards. If a track, when originally designed, didn't have a wall somewhere, then added one, let's say just for aesthetic reasons, and someone hit said wall, would that be a similar scenario?

Looking at the footage of just the impact of the bag could suggest it "caused the accident" to someone less knowledgeable. However, there is no doubt the rider was already done. In this case, really, it's all a matter of bad luck. He could have buried the front end into gravel, or lowsided into the runout, grabbed a peg and high sided violently. Happens all the time. Bad luck.
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