He should be banned for life from all motorsport-related activities as well.
In reply to BoxheadCougarTim :
Anybody can sue anybody at any time for anything.
Now it might wait it’s turn to be heard and dismissed or it could go all the way to the Supreme court
Feedyurhed said:This is just another example of the litigious society we live in. I don't know what the answer is but it's completely out of control. All you have to do is watch daytime TV around the game show/talk show times and see all the commercials for lawyers claiming how much they have won for their clients. Everybody wants to sue everybody for everything. It's ridiculous. I could see these types of events eventually just going away due to the costs of doing business. Very sad.
Better in court than high noon on a street downtown.
frenchyd said:Feedyurhed said:This is just another example of the litigious society we live in. I don't know what the answer is but it's completely out of control. All you have to do is watch daytime TV around the game show/talk show times and see all the commercials for lawyers claiming how much they have won for their clients. Everybody wants to sue everybody for everything. It's ridiculous. I could see these types of events eventually just going away due to the costs of doing business. Very sad.
Better in court than high noon on a street downtown.
Not so sure about that...
In MSF basic training they have you drive over an obstacle. Dude would have crashed regardless as he tunnel visioned coming out of the corner- he would have cleared the turn easily.
Ultimately the proximate cause of his injuries is HIS going off the track. He will absolutely lose.
Another article pointed out that he did not arrive early enough to be at the driver's meeting. Double Douche.
There is lots of discussion here about why he lost control and left the race surface. I don't think that is what will be litigated. His argument is that, absent the sandbag, his off-course excursion would not have caused injury.
I don't agree with his case, as I understand it. But I don't see any way he can argue it is not his fault he went of course.
Given the incredibly E36 M3ty situation with Laguna Seca's neighbors I would not be surprised if this is only moving forward because the suit is being bankrolled by a NIMBY (ala Peter Thiel using Hulk Hogan as a conduit to put Gawker into bankruptcy.)
Should it go to a jury.
Perry Mason: Mr Kim so the jury better understands how these events work, am I correct in saying that the purpose of these events is to allow riders to explore the limits of their motorcycle in a controlled environment?
Mr Kim: yes
Perry Mason: Is it also safe to say you believe the sandbags located 15ft from the track surface is what caused you to lose control?
Mr Kim: yes
Perry Mason: So Mr Kim if a rider runs off the track is it also safe to assume the they have also lost control of the motorcycle?
Mr Kim: um um um
Perry Mason: Mr Kim is it also safe to say that if a rider was unable to control his motorcycle on the paved surface that they would have little chance of regaining control on a loose surface with tires not designed for the dirt?
The Judge: Mr Kim you are required to answer the question
Perry Mason: no need your honor, Mr Kim's silence speaks for itself.
Kreb said:You guys might want to pass along your sentiments to:
Keep it civil please.
I'd change that to a cold link so it doesn't get as easily traced back here...
Not much point in them tracing back to linked sites. This story is on every enthusiast site on the web and they are all going to rain abuse on lit motors.
This happened in an afternoon session, on the 10th lap. There was apparently a morning session that he ran too, but he missed the driver's meeting, which should have kept him off the track. If he thought the sandbags were dangerous. Why did he go out for the afternoon session at all, or at least after complaining about the sandbags. He went past those sandbags 9 times before he crashed in the afternoon, and they did not bother him until he went off.
Looking at his other you tube videos, several of them at the same track, he looked to have enough ability that he should not have gone off at all, which makes me wonder even more about the entire thing. I can't imagine any organization will let this guy run on a track ever again.
I wonder who, if anyone, is funding LitMotors? This lawsuit and negativity is probably not going to help when they are trying to raise money.
Gus said:In MSF basic training they have you drive over an obstacle. Dude would have crashed regardless as he tunnel visioned coming out of the corner- he would have cleared the turn easily.
Ultimately the proximate cause of his injuries is HIS going off the track. He will absolutely lose.
Yes. A 2x4 laid on it's side. A 2" board is hardly an obstacle in a parking lot, in a straight line at 15mph.
Just think that was a poor analogy.
In reply to z31maniac :
Disagree. Sandbag has a smoother transition than a 2x4. All he had to do was get up off the seat and stand on the pegs- let the suspension do the work. He sat on the seat and was pitched off because of his position.
So:
1) Overcooked the corner, and would have been fine if he leaned over farther
2) Target fixated
3) Sat on the seat instead of trying to do the proper positioning to surmount an obstacle.
I don't know what tires the guy was on but having put a bike on slicks ever so slightly in the dirt there isn't a whole lot of control. It takes a long ways to gather it up
I once ran over a ladder on the freeway (came off a truck in front of me) going about 70 mph, I stood up on the pegs and stayed on the gas. A couple of cars behind me motored up along side and gave me a thumbs up. While it might have looked like I was in total control I know one thing for sure I wouldn't want to try it again as there was a good bit of luck involved. The one thing I won't criticize the guy for is crashing going over the sand bags.
I didn't look but I did wonder if he grabbed some additional front brake and that stood the bike up which might explain why he seeming made no effort to lean the bike in more.
There are lots of riders who can get around a track reasonably quickly but they already at 100% and if they encounter amything outside the norm they lose control.
Despite being critical of the guy I will say I don't find the sand bags acceptable, I'd prefer they be removed. This doesn't relieve the guy of fact that he made a really rookie mistake, again if you're going to post on YouTube demonstrating you're prowess you shouldn't be getting it this wrong. Of course we all get it wrong now and again, the difference for most of us is we don't try to deny responsibility.
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