[jd41]

Posting up for anyone who would like to contribute to cover legal fees against this case. Read for more details.

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Save The Track Days !!! (Go Fund Me link)

As riders, we all know that our passion for motorcycles can be dangerous. Two wheels, coupled with high speeds sometimes results in crashing. We know this, we accept this and the risks involved. Some of us, in the pursuit of better skills and the next level in our passion for riding, take it to the track. A track day is a platform to extend our skillset in a non-competitive environment, the track day provider provides us the opportunity to get out on a race track and hone our skills at our own pace without the rigors and preparation of racing, track days are not race events.

As the consumer of track days, we agree to show up with a mechanically sound motorcycle, leathers/safety gear and an understanding of the dangers that may lay ahead. Everyone in the track day community agrees that the track is a “no-fault” environment, we understand and accept that there is the potential for crashing and injury. Two years ago, a rider came out to a Keigwins’s track day at the world-renowned Laguna Seca Raceway. In his pursuit of honing his skill set, he had an “off track experience” as we refer to in jest in the track day community — he ran off the track surface and crashed.

Now, this may sound like a fundraiser to help him with his medical bills… unfortunately, it is not…
After “unnamed rider” signed up for the track day, signed the accident waiver holding harmless the track day provider, provided his medical insurance and emergency contacts, he then entered the closed course at his own risk. During the course of the track day event, he had an accident while pushing his personal limits and ran off the track, in doing so he impacted water retention sandbags placed far from the track surface by Laguna Seca maintenance staff and crashed.

The race track places these sandbags in key locations - ie. hillsides, water flow areas, etc to prevent water run-off from entering the track surface. The results of his accident have led him to file a lawsuit against the track day provider that spans into the millions.

We’re asking for your help in covering the legal fees to stand up against what is essentially an assault on all track day riders’ ability to get out on a track without having to pursue actual racing.
How does this affect you?

If he is successful in his lawsuit against Keigwins’s at the track day provider, that opens the door for anyone injured at a track day to sue the provider because they weren’t able to get through a track day without crashing. It opens the door to a flood of lawsuits that will drive insurance up for ALL track day providers and opens the door to the very real possibility that track day providers will have to double/triple their prices or risk going out of business.

The owner of Keigwins’s WILL NOT settle out of court and pay a claim that isn’t the responsibility of the track day organizer, this sets a national precedent and puts us all at risk of losing track days and/or seeing prices rise to an unmanageable level for all.

We have attorneys who ride who are willing to help, volunteers willing to help with legal paperwork, expert testimony witnesses donating time, riders willing to show up in Court and be a presence — this is a team effort to protect our passion!

We need your help as well.If you ride, if you live for that 2-wheel life, if you love the freedom that comes on two wheels, whether you ride track or not, track days are in jeopardy and need your help — join the team and help fight to protect our passion
Please donate what you can.
Every little bit helps!!

Any money raised that isn’t used for attorney/court/filing fees will be donated to the motorcycle based safety charity - RRW Action Fund ( RoadracingWorld Action Fund ) in all of our honor.

Thank you,

Szymon Dziadzia

Owner of Keigwins at The Track

 

[jd41]

I sign a waiver, then crash, then sue? Brilliant! NOT!

Is what they are trying to get funding for anything to do with this:
http://www.montereycountyweekly.com...cle_fa943984-f59c-11e7-b7e0-cb54d56356fe.html
Is it for the appeal, the second case or another case?

That seems to be the one. My impression is that it is for the appeal.

 

[jd41]

I've had an "off track track experience" in turn 5 and it takes an extraordinary effort to get past the gravel and touch the wall or sand bags that are nowhere near the track.

 

[jd41]

sorry but why is a business asking people to cover for their legal expenses? I'm sure the owner makes more than I do. if I run a business where my customer can get injured (even through no fault of your own), then I'll take it as the cost of doing business that some customers may sue.

As others have said, the summary also does not provide any information on whether the rider may or may not have a point. It sounds like the rider (or his insurance) does not have a point, but waivers do not waive gross negligence. although it's probably not the case, it may also be the instructors weren't very good at explaining this guy not to run too fast (it was his 1st day). in my experience, the standard deviation in America in individual intelligence is larger than normal: some Americans are very smart, others are incredibly stupid.

No one is obligated to donate, and if you really want to know shoot them an email inquiring about it. I personally can't imagine running a track org is a lucrative business when factoring in all the costs.

I ride with Keigwins and they make it clear that safety is their number one objective when riding at the track. All riders are required to have their gear/ bikes inspected prior to the track time AND go the morning rider's meeting where it is emphasized over and over to NEVER RIDE BEYOND YOUR SKILL LEVEL among many the usual track rules. After, the beginners group starts with "sighting laps" following the instructors. The coaches are riding all day and offer helpful advice. Rider's that are a danger to themselves or others are black flagged and stopped.

As for the crash details see the link @MAL posted: http://www.montereycountyweekly.com/blogs/news_blog/scramp-prevails-in-lawsuit-filed-by-injured-motorcycle-hobbyist/article_fa943984-f59c-11e7-b7e0-cb54d56356fe.html

 

[jd41]

What it really comes down to is the fact this is a VOLUNTARY donation. Absolutely no one is obligated to participate. The case of "could have, should have, would have" can apply to any any situation. Can't pay your hospital bills? Should have gotten better insurance. Lost your job? Should have worked harder. Having a hard time keeping up with bills? Wouldn't have happened if you had your bachelor's degree, wait, errr, you have it? well.... should have gotten your masters.

I don't personally care to defend Kegwins but settling in court would be a stupid approach considering the amount of crashes and injuries that happen at the race track. Might as well close up shop if every rider who crashes decides they have a case for a lawsuit.

 

[jd41]

wow if the company owns a Ferrari and they do a $50k fundraiser, it is basically a scam fundraiser

I wouldn't stop there. There's also the company RV, the rider's/ team they sponsors for some MotoAmerica rounds, The R6 giveaway for this year . . . :emot-doh:. lol. You guys are drawing conclusions from incomplete information, same as me, difference is I've ridden with them and it's upsetting when someone knowingly rides knowing the risks, has sudden regret and begins pursuit of the blame game for cash. Especially knowing that the rider had been there before, it wasn't his first time: http://www.montereycountyweekly.com...cle_4cb0b73e-0f38-11e7-b0ee-3333689ec974.html.

Have you guys ever even ridden at the track?

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Even more info in page 3 here: http://pineconearchive.com/170324PCA.pdf

 

[jd41]

My focus was the lawsuit, not the donations. The plaintiff is forcibly asking for donations by suing for millions trying to save his dying company which making a vehicle nobody wants http://litmotors.com/team/.

Again, a rider that is in the advanced group, had gone many times to Laguna Seca, and singed the liability waiver at the track is suing for millions for a "safety" complaint for which SCRAMP, the management company for Laguna Seca, was cleared and determined the sand bags not to be a safety concern but the court allowed him to pursue Keigwins who has nothing to do with the track maintenance.

It is ultimately the responsibility of the rider to ride safely.

 

[jd41]

Some salty riders seem to have sued other race orgs/ track day orgs after accidents, specifically at WMRRA. If insurance companies settle after every lawsuit they will refuse to provide coverage for these events road racing could be in trouble in the future. This is the USA, so as long as people see the opportunity to sue they will do it.

 

[jd41]

WMRRA webpage announcement:

Washington Motorcycle Road Racing Association

ROUND 1 — Pacific Raceways, Kent, WA
---- FOR IMMEDIATE RELEASE ---
In September of 2017, we were notified of our then current Insurance provider that WMRRA had been absolved of liability regarding an on-track incident in 2013. This incident resulted in a large monetary claim against WMRRA, and Pacific Raceways. Two weeks prior to our policy renewal date of March 1st 2018, the association was notified that our coverage was not being renewed due to a large arbitration settlement. The settlement was covered under our ‘umbrella’ coverage of Pacific Raceways, during our 2013 race-event. WMRRA had not been notified of the final arbitration agreement, nor was the association’s staff asked for testimony or deposition.
Since that day, the senior WMRRA leadership has desperately searched for insurance coverage for the 2018 race-season, and as of this notice has not been successful in securing coverage. After working with multiple-brokers, and seeking assistance from Pacific Raceways directly, WMRRA is unable to secure or guarantee, proper liability coverage, and we must announce the potential cancellation of Round 1 of the 2018 season, at Pacific Raceways. The official cancelation notification will come out Friday 3/30 if racing insurance cannot be secured by then.
The senior leadership does not make this decision lightly, nor was it made hastily. The association continues to ‘turn over every stone’, with the goal of resolving this situation and securing an insurance partner for the remainder of the 2018 race season.
Further information will be released as deemed prudent. The NRS program may be impacted if Round 1 is canceled. More details to follow if that scenario becomes a reality.
Questions may be submitted through the rider representative ([email protected]), or any of the senior Elective-board members ( [email protected], [email protected], [email protected]). Please hold your questions as much as possible to allow us to put maximum effort into insurance research.
Thank you for your understanding.

 

[jd41]

Well that sucks for WMRRA.

I have to wonder if the better option for race or track day orgs might be to go without insurance and take all that insurance money saved and set it aside for lawyer fees, should they need to defend themselves if some bonehead crashes and hurts himself. The worst that could happen is an org folds the moment they get sued and the person suing isn't going to get anything.

I've said many times, the only way to win the insurance game is to not play it whenever possible.

That may be the only option for them. I don't think they had too much say when it came to the settlement. The insurance settled and proceeded to drop their coverage.

This is exactly why Keigwins is refusing to settle.

 

[jd41]

On second thought, if insurance companies are unwilling to cover track day events, there will be no more track days/ racing. Most tracks require the track day provider to be insured.

And in case anyone is wondering how much it costs to rent Laguna Seca for one day, it's 14,000$. http://www.mazdaraceway.com/sites/main/files/file-attachments/2017-track_rental_pricing.pdf

 

[jd41]

Revzilla Blog: Could this lawsuit affect track days and club racing?

 

[jd41]

I just saw the video posted there and it changed my mind completely on the issue. Keigwins is guilty. 100%. They will lose this case. I was tempted initially to be on the side of the track day org, but after seeing that, I'm not. That org is done.

A F'n sandbag should never be that close to the track. You guys had me thinking the sandbag was way off in the distance.

The video also reinforces my generalization that all track day riders on Panigales are total idiots. He's 20 degrees short of his max lean angle and he still went off the track.

Yeah, I don't think so. The sand bag was at a reasonable distance from the run off area. The sand bag was discussed at the riders meeting which Mr Kim neglected to attend. Mr Kim was aware of the sand bag as he had gone to Laguna Seca on previous occasions and was riding in the group A session and didn't seem to bother him until he rode beyond his abilities. The guy has a recorded time of 1:44. Also, you are typically expected to slow down in that area due to the sound booth 90 Db limit and there is no passing allowed there.

This guy is a joke trying to get 20 million for his failing company.

In addition, this is the was he is twisting the case (If you read this and don't think it's BS then I don't know what else to say): https://www.forbes.com/sites/lianeyvkoff/2016/02/18/what-immobility-taught-this-transportation-ceo-about-mobility/#2f4153d558c4

Part of designing a new product involves evaluating the competition—you determine the benchmark in your segment, then aim to beat it. For Daniel Kim, CEO of Lit Motors, which is building a fully enclosed, self-balancing, two-wheeled vehicle, that meant equipping his Ducati 1199 Panigale sportbike with sensors and turning laps on a racetrack to gather the data behind how a motorcycle feels and performs at 40, 45, and even 50-degree lean angles while cornering. By happenstance, he experienced his benchmark’s main weakness firsthand. That is, he discovered what it feels like when the human body collides with a stationary object at 80 miles per hour.

Kim was testing his Ducati in a controlled environment at a reputable race track, which he says is the safest place to ride a motorcycle. In an attempt to avoid a collision with another vehicle, he hit a row of sandbags in the track’s runoff area. Confronted with a car’s mass, sandbags offer a measure of give and cushion, slowing an out-of-control car by absorbing some energy. When assaulted by a hurtling human body, sandbags don’t give a whole lot.

Nearly a year after his epic wipeout, Kim is finally able to walk without assistance. He’s watched the video of his accident at least 300 times, and it’s not hyperbole when he says he’s lucky to be alive in the first place. Nine bone fractures, a shattered hip, and a torn ACL are just some of the cringe-inducing injuries he rattles off as a result of his high speed motorcycle crash. But for the grace of God, none of them were to his spine or head, he says.

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If he was TESTING his motorcycle for acquisition of data for his prototype he could have easily rented the track for that specific purpose and not put others in danger with his uncontrolled riding.

 

[jd41]

Well Kim is kinda guilty of driving past the sandbags many times without doing anything about it. If I were at that track and on my first lap out I drove past and saw those bags, I'd pull into the pits immediately, head over to management and chew some asses out.

As far as missing the morning meeting, that's not going to matter in the trial. Telling the riders there are sandbags right next to the track in a normal runoff area doesn't make it ok. Keigwins is still guilty and they are going to lose this case.

Don't get me wrong, this sucks for all parties involved. But in the end Keigwins is not going to exist, and it's going to be a lesson learned for other orgs to take safety a little more seriously. I know a couple org owners here in the midwest, and I'm pretty sure none of them would have allowed a sandbag next to the track.

The only way Keigwins gets off the hook is if he had each rider sign a statement like "I recognize that there are sandbags close to the track in turn X, and I will drive slower through that turn as a safety precaution. I assume all responsibility for going off the track in turn X, and Keigwins is not liable for any rider hitting a sandbag." Signed, Daniel Kim. Maybe the lesson learned here is that track day orgs need to start adding specifics for each track to their liability waiver.

Zaph, I think that even if they signed such specific waiver it would not be valid in court. it's a bit like I signed a waiver saying "I recognize there are dangerous spikes just off the track and I may be impaled if I exit the track" that does not absolve anyone if I do get impaled.

I think the question in court will be, if the sandbag there was more akin to spikes off the track, or if it was more akin to "there are walls around the track and you're responsible for hitting them if you drive into one".

Here's a copy of the waiver: Keigwins-waiver-old
Completely clear that the rider takes responsibility for his actions. Nobody made him ride at the track. Totally avoidable crash.

SCRAMP, not Keigwins, placed those sand bags for safety reasons and avoid compromising the track surface itself (rain and debris) while still leaving a reasonable margin in an area which shouldn't pose a problem with run off space.

 

[jd41]

Update regarding WMRRA: Washington Motorcycle Road Racing Association


ROUND 1 — Pacific Raceways, Kent, WA
----FOR IMMEDIATE RELEASE----

Per the announcement made on 3/26/2018, we are posting an update regarding the potential cancellation of Round 1 at Pacific Raceways in Kent, WA.

WMRRA is not yet committing to the cancellation of Round 1.

After a very busy, and productive week regarding the Association's insurance status, it has been voted unanimously to extend the cancellation deadline to Monday 4/2 at the close of business. This will allow a couple of last remaining options to be completely explored while leaving every possible opportunity on the table for Round 1 to commence as originally planned. We apologize for any frustration on the part of the membership but feel it is our duty to allow any available opportunities to be exhausted before making this very difficult decision.

New novices- You are at the forefront of our considerations. WMRRA is still unable to announce any updates, or pledge a firm commitment regarding the NRS track-portion. Please understand that we are doing everything we can to honor our obligations and commitments to you, as well as the rest of the membership.

The E-board is reconvening at 5 pm Monday evening to finalize an action plan regarding the NRS, and both boards are planned to conference at 7 pm Monday to discuss further action and direction regarding Round 1, and the season as a whole.

Please continue to be patient as we work through this difficult situation. The outpouring of support is genuinely appreciated, and we hope to find a reasonable solution to this problem.

 

[jd41]

Update on WMRRA: http://www.wmrra.com/

WMRRA Announcement
Round 1, 2018 Season

---FOR IMMEDIATE PUBLIC AND MEDIA RELEASE---

The Washington Motorcycle Road Racing Association is disappointed to announce the official cancellation of Round 1, at Pacific Raceways in Kent Washington.

In September 2017, WMRRA was notified of our then current insurance provider McNaughton, that the association had been absolved of liability regarding an on-track incident during the 2013 race-season. This incident resulted in a lawsuit naming both WMRRA and Pacific Raceways. Although WMRRA was absolved of liability, an arbitration judgment was made against the association's insurance policy which covered the track as an 'Additional insured' party for the race event. WMRRA race-staff had not been asked for testimony, or deposition during this arbitration.

2 weeks prior to our policy renewal date of March 1st- WMRRA was notified that its coverage would not be renewed. 6 weeks later, we have yet to procure an insurance provider willing to offer coverage, due to the judgment. Because WMRRA is unable to secure or guarantee, proper liability coverage we must announce the cancellation for Round 1 of the 2018 season, at Pacific Raceways.

Novices- Because we can not risk the association to litigation without proper insurance coverage, we will be refunding the On-track portion of your NRS fee. Once you complete your NRS on-track portion, WMRRA will issue your novice license as standard. WMRRA will be refunding $200 of your licensing fee, and Mark DeGross with 2-Fast has graciously agreed to offer special pricing in consideration of the situation. Please contact 2-Fast directly to arrange the NRS track-event on 4/13.

On a personal note- We greatly appreciate the outpouring of support and recommendations for providers. WMRRA leadership, in partnership with OMRRA, AFM, and other 3rd parties are still working very hard to ensure success for the remainder of the 2018 race-season.

Thank you.

Oregon Motorcycle Road Racing Association, American Federation of Motorcyclists (AFM), RoadracingWorld.com, WERA Motorcycle Roadracing, American Motorcyclist Association

 

[jd41]

WMRRA: Loss Of Insurance Forces Cancellation Of Round One, Puts 2018 Season In Jeopardy

 

[jd41]

Another article referencing Revzilla: This Crash Lawsuit Could Be Bad News For Track Events Everywhere

Laguna Seca adds these sandbags off-track to direct water when it rains, according to Laguna Seca’s lawyer Andrew Swartz, who was cited as a source by RevZilla. Laguna Seca’s elevation changes are both a blessing and a curse—the very elements that make the track fun also can make tricky puddles on the track surface when it rains, and that preventing erosion due to this runoff is a constant battle. Erosion already appears to have formed a small ditch where the sandbags were in place, which is a hazard in its own right for vehicles that go off-track.

 

[jd41]

Keigwins is closing. Unable to insure after lawsuits or claims regardless of ruling as seen with other orgs that have been sued. Not that anyone cares in this forum comprised mostly of oil questions, pseudointellectuals and bitter baby boomers. :whistling1smilie: lol

There is some reorg going on and a new company should be started. . Good for me because I live 10 minutes away and go there all the time.

 

[jd41]

Bitter baby boomer here, sounding off! Allow me to quote myself for impact:



Honestly, I'm sorry I had to be right. Nothing here to be happy about on either side. And I hate litigious a-holes even more than I hate sandbags right next to the track. At least the a-hole didn't win the lawsuit.

:signlol:

The only winners here are the attorneys.

"New" TD provider is [email protected] http://cartersatthetrack.com/

I'm signed up for 10/29/18.

Hopefully this org will continue beyond 18.