If you live near a racetrack and feel the need for speed, you might have plans to take a few laps; not during an actual race, of course, but when the track opens up for street cars. Many racetracks have events that allow regular drivers to cruise around the track, paying by the lap. To do so, you'll need to sign a waiver that stipulates you accept the risks of this dangerous activity and won't take legal action. What many people don't know is that signing a waiver doesn't mean that you can't hire an auto accident lawyer and file a lawsuit. In this case, if you're in a car accident, your attorney may seek to void the waiver and argue that the track's operator was negligent. Here are some details that can suggest that point.
The Track Staff Didn't Deal With Dangerous Drivers
When street cars take laps around a racetrack, you'll find that some drivers do so cautiously, while others are a little more reckless. It's up to the racetrack staff to watch for drivers who are blatantly being dangerous, and either give them warnings or pull them off the track. If you end up in an accident with a driver who was driving in a reckless manner and putting other track users' safety at risk, you may have success in filing a lawsuit based on the track owner's negligence.
The Track Staff Ignored Bad Conditions
Waiver or no waiver, you have the right to drive on a safe track with safe conditions. The owner has a responsibility to keep the track in proper shape, but you may feel as though he or she failed in this regard. For example, if you get in an accident because a car has hit a pothole and lost control, you might argue that the track owner's negligence was responsible. Or, if it started to rain and track marshals were slow to pull vehicles off the track, this may be a factor in your suit.
The Track Staff Allowed Too Many Cars
Obviously, racing around the track is safer when there are fewer vehicles taking part. The more vehicles that are around you, the higher risk there is of being in an accident. You may feel as though the presence of too many cars was a contributing factor to the collision. Although you'll need to prove the definition of "too many," you could argue that the track staff allowed the track to get too full, rather than wait and allow new drivers only when others were done.