$4.5 million settlement in track day death
#1
Melting Slicks
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$4.5 million settlement in track day death
#3
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Interesting:
"The Track. The track suffered from two major design defects—the pit-out (exit onto the track) design and the concrete wall along the straightaway that was moved to accommodate the NASCAR race. The problem with the pit-out design was that it brought the drivers onto the track in the middle of the straightaway and the pit-out driver’s view of the straightaway was completely blocked by a guardrail, so the driver had to rely entirely on the flagger when entering."
The Organizers. The Ferrari Owners Club requires that all cars pass a technical inspection by an approved repair facility. At a previous event, the FOC President and organizer had been warned by one of their vehicle certifiers that he believed that something was wrong with the handling of Keaton’s car and it should not be allowed to run. They let it into that event anyway, and it spun out three to four times—one time the event organizer was even on board and became nauseous. But he didn’t tell anyone about the warnings and did not exclude Keaton from that event.
The Driver. Keaton was warned about the handling problems with the CGT, ignored his mechanic’s advice, and invited Rudl for a ride without mentioning the problems. And, when the Ferrari came onto the track slowly, he overreacted and spun.
What about the releases?
One of the primary matters addressed in the settlement negotiations was the release signed by Rudl. As all of us who have participated in a track day know, the release contained language that waived any claims against the organizers and participants, with Rudl assuming full risk of injury or death. Many SCM readers pointed out that the release should end the matter.
While the settlement was being negotiated, the California Supreme Court was considering a broadly similar case. The Court of Appeal had ruled that releases were effective as to negligence claims, but not as to claims of gross negligence.
This IMO will cause some changes to events.
"The Track. The track suffered from two major design defects—the pit-out (exit onto the track) design and the concrete wall along the straightaway that was moved to accommodate the NASCAR race. The problem with the pit-out design was that it brought the drivers onto the track in the middle of the straightaway and the pit-out driver’s view of the straightaway was completely blocked by a guardrail, so the driver had to rely entirely on the flagger when entering."
The Organizers. The Ferrari Owners Club requires that all cars pass a technical inspection by an approved repair facility. At a previous event, the FOC President and organizer had been warned by one of their vehicle certifiers that he believed that something was wrong with the handling of Keaton’s car and it should not be allowed to run. They let it into that event anyway, and it spun out three to four times—one time the event organizer was even on board and became nauseous. But he didn’t tell anyone about the warnings and did not exclude Keaton from that event.
The Driver. Keaton was warned about the handling problems with the CGT, ignored his mechanic’s advice, and invited Rudl for a ride without mentioning the problems. And, when the Ferrari came onto the track slowly, he overreacted and spun.
What about the releases?
One of the primary matters addressed in the settlement negotiations was the release signed by Rudl. As all of us who have participated in a track day know, the release contained language that waived any claims against the organizers and participants, with Rudl assuming full risk of injury or death. Many SCM readers pointed out that the release should end the matter.
While the settlement was being negotiated, the California Supreme Court was considering a broadly similar case. The Court of Appeal had ruled that releases were effective as to negligence claims, but not as to claims of gross negligence.
This IMO will cause some changes to events.
#4
Le Mans Master
This is not the first time that Porsche has been found guilty of poor handling. In their defense, even if they DID have stability control, we all know that most people who have it, turn it off.
#6
Melting Slicks
Thread Starter
I have always heard that releases were not worth much more than the paper they were written on in California. I think we might start seeing actual safety inspections rather than letting everyone tech their own cars.
Larry
Larry
#7
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^ Most all events I run allow you to self-inspect... in fact every single HPDE has allowed self inspection and I've run many. Yes they look them over at the track, but the bulk inspection is done by me... personally I like it that way.
Odd that Porsche is blamed for producing and oversteering car... I mean it's mid engine... it's supposed to rotate. In the hands of a pro that's what they want. Most people who are advanced drivers (or think they are) turn TC or AH off anyway.
I do agree that the wall design is ludacris... I mean for it to jut out like that on a stratight... it just begged for a head on.
Odd that Porsche is blamed for producing and oversteering car... I mean it's mid engine... it's supposed to rotate. In the hands of a pro that's what they want. Most people who are advanced drivers (or think they are) turn TC or AH off anyway.
I do agree that the wall design is ludacris... I mean for it to jut out like that on a stratight... it just begged for a head on.
#12
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A tech inspection can't guage a student's ability to control his/her car or the inherent handling characteristics of the car. There was no mechanical defect in the car in this case... and sometimes parts simply break on track no matter how thorough the inspection.
You going to take the suspension appart and magnaflux each control arm each time to test for stress areas?
I mean ****... the guy couldn't control his car... why is it Porsche's job to make it w/ electronic nannies when most purist buyers don't want them.
It's a slippery slope all the way to auto-drive... w/o any human control. Can't screw up if the car is driving itself.
You going to take the suspension appart and magnaflux each control arm each time to test for stress areas?
I mean ****... the guy couldn't control his car... why is it Porsche's job to make it w/ electronic nannies when most purist buyers don't want them.
It's a slippery slope all the way to auto-drive... w/o any human control. Can't screw up if the car is driving itself.
#14
IMHO, the track should have the burden if not all of the judgement held against them. Perhaps, a small portion of judgement could be attributed to the driver. I can't accept Porsche sharing or bearing any responsibility for the accident unless driver competence is a prerequisite to driving the car and Porsche certified the driver as competent. There is nothing that I am aware of that makes this car/design unsafe except for its driver. If in fact the driver did lose control of the car multiple times, then one would, IMHO, assign some portion of liability to the sponsor(s) of the event.
In short, a talented plaintiff's attorney, a liberal and/or uninformed jury/judge and socially activist judicial system will win most of the time!
In short, a talented plaintiff's attorney, a liberal and/or uninformed jury/judge and socially activist judicial system will win most of the time!
#15
Le Mans Master
I think self tech is good for those of us who realize what is at stake and what needs checking and special attention, but not all drivers know about mechanics and how do you tell the ones that do from the ones that don't?
As for the electronic aids such as AH & TC, the Porsche cars (as far as I've read) can be turned off but they will come back on automatically if the car gets too far out of shape.
In any case no settlement will bring back the two victims, it was a sad day for all those involved.
As for the electronic aids such as AH & TC, the Porsche cars (as far as I've read) can be turned off but they will come back on automatically if the car gets too far out of shape.
In any case no settlement will bring back the two victims, it was a sad day for all those involved.
#17
We need good tech inspection and safety. For those that can't do it, have a shop do it. Use a checklist.
I don't like to be on a track with a car that has not been inspected. That's why I'm doing SCCA all the way. They don't fool around with safety. And SCCA has strong regs.
I don't like to be on a track with a car that has not been inspected. That's why I'm doing SCCA all the way. They don't fool around with safety. And SCCA has strong regs.
#18
Melting Slicks
i think the way its currently set up with the checklist is just fine.
the bigger issue is getting people with 200mph+ cars on track with little experience. I think that HPDE organizers should pay more attention to people that show up to events with these hypercars.
In addition to that, the simple checklist that normal HPDEr's use will not be enough for a carrera GT. And im sure your normal joe couldnt work on one.
the bigger issue is getting people with 200mph+ cars on track with little experience. I think that HPDE organizers should pay more attention to people that show up to events with these hypercars.
In addition to that, the simple checklist that normal HPDEr's use will not be enough for a carrera GT. And im sure your normal joe couldnt work on one.
#19
Le Mans Master
As mentioned above, it would be hard to do more thorough inspections for many reasons. I am not aware of any mishaps due to a poorly inspected vehicle. You might be able to tell us about some examples. If not then it's a non issue. I think most of us don't want to be out there with faulty equipment any more than anyone else on the track. Self inspection is best. Anyone who tracks regularly knows a thing or two about the mechanics of his car and he knows where the weak links are. Those that don't track regularly or are out for the first time might need a little guidance if the car is older.
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Self inspect and Active handling
The Porsche Turbo active handling can be turned off but is still actived when appling brakes. It has saved me from a few embarrassing moments.
I self tech as an instructor. I have a lift at home and do a much better job than at the track and at most garages. I usually have someone else help (4 eyes vs 2). It still doesn't mean that something isn't going to crap out at the track. I have offered San Jose area drivers to use my lift in the past. Maybe I should go into the Tech Inspection business.
I self tech as an instructor. I have a lift at home and do a much better job than at the track and at most garages. I usually have someone else help (4 eyes vs 2). It still doesn't mean that something isn't going to crap out at the track. I have offered San Jose area drivers to use my lift in the past. Maybe I should go into the Tech Inspection business.