I felt sorry for the guy injuring himself so much. I think we should all have the compassion to understand he was hurt, regardless of whether it was 100% his fault or not.
as I explained in my other posts (sorry for repeating myself), I was against the company asking for donations since (among other reasons) they have legal insurance, which apparently covers up to $5m, according to the revzilla article.
now up until now, I was not very familiar with the details of the accident, so I was not sure how much each party was guilty.
however, after watching the video, and reading several comments on revzilla, it seems that:
1. the guy did a bad mistake in the corner
2. hitting the bag was really really bad for him, as he fell in front of the motorcycle.
3. several people noted the bags would be removed for an "official" competition race.
I honestly thought Keigswin would win the lawsuit with ease. After watching the video, I would not be too surprised they lose. Kim hired a really good lawyer. Jurors are normal people, probably with no experience in racing.
I think there is a real chance that a majority of jurors, upon watching the video, will side with Kim.
Now, I'm not here to say whether Kim is in the right or not, because I have no experience racing. But if Kim's lawyers put the track workers on the stand and ask "are the sandbags removed for official track races events?" and they say "yes", it will look very damaging.
I think the video, watched by someone with no racing experience, makes it look like Kim would have low sided without the sandbag, but the sandbag made him fall in front of the bike. (you're welcome to correct me, I'm just saying how it looks like to me, with no racing experience)
If that's true, all culpable actions that led to that point (not attending the safety meeting, all the mistakes he did in that corner) might decrease Keigswin's liability, but not entirely.
I think the only way Keigswin can win is if they put someone on the stand who can say that Kim could have had a similar accident on that corner even without the sandbags. Since I have no racing experience, I don't know if that's possible. If it is possible, then it could put enough of a doubt in the jurors to side against Kim. If that kind of accident is impossible without the sandbag, I myself, who came into this story kind of siding against Kim, would also seriously consider ruling in his favor.
I am grateful, actually, I don't need to make this kind of judgement.
I think if I were Keigswin, I would seriously consider letting the insurance settle for the $2m that revzilla said Kim offered to settle for, even though up to now I agreed with the owner's decision to fight it.
I don't know what the impact would be on track day insurance. On one hand, doctors get sued all the time, but they still get insurance as far as I know. On the other hand racing is a smaller business for sure.