What have we done wrong

Message

Riotmaster · #1 Post by **Riotmaster** » Fri Jul 13, 2007 8:49 am

Anyone out there who ever heard of this.

http://www.motoforum.net/index.php?showtopic=22629

Samray · #2 Post by **Samray** » Fri Jul 13, 2007 9:50 am

That's 'kin ridiculous, but all so representative of the way our world is headed in this litigious age.
The revolution must happen but goodness knows where or when.

HowardQ · #3 Post by **HowardQ** » Fri Jul 13, 2007 11:51 am

You've said it all Samray!
It's a total joke, but one that has to be taken very seriously in every way.
The old "Motor Sport is Dangerous" signs will not keep us totally safe for much longer.
I am not aware of such a case in Britain being successful yet, but had similar issues in rallying some years ago as a driver and an organiser.
You see it all the time long straight on a forest stage, cars at three figure speeds on gravel, come to a 90 bend or a hairpin and the are spectators on the outside of a bend. Organisers always try to move em, but they usually come back, car loses it and goes straight into them, who is at fault??
Never seen a motorsport situation with two competitors involved but we can't ignore it as there have been a number of proven cases in football!

Paulh · #4 Post by **Paulh** » Fri Jul 13, 2007 12:04 pm

Sounds bloody ridiculous - on a trackday I might expect it these days, but not racing.

I got knocked off on the straight at Lydden in practice last year, trashed the bike, helmet and leathers, but the only thing that crossed my mind was trying to find the bloke for a quiet word (I didnt find him) - no way would I expect anything other than an apology. Accidents are part of racing, always have happened and always will, and if you don't accept that you shouldn't be on the track. No one will deliberately clip another rider as you are just as likely to crash yourself.

Unfortunately the no win no fee scum will end it for everyone if they win - its bad enough if they go after the rider, but to go after someone who was only helping out is even more unfair.

Hope sense is seen in this case and its thrown out before it ends the sport for all of us.

#5 Post by **Kwackerz** » Fri Jul 13, 2007 12:44 pm

Youve got to be ******** joking me!!!??

I receive a letter from court telling me that rider so and so is sueing me and the rider, riding my bike, for damages and negligence for not telling the rider how to behave during practice.

Cant remember which rider, Jorge, PM'd be nice?

Mate, Im shocked and stunned!

To quote the Bemsee site..

Why do I have to attend the MRO Race Institute before racing with BMCRC?

For your own safety we run the school before the beginning of the season. The school covers basic safety, track etiquette, racecraft and administration issues. Our statistics show that novice crashes have dropped by 38% since the school was started. The school also includes the compulsory CTC (Competence To Compete) exam required by all new competitors.

This was running in and before 2003 when I started, or a version of it, Im sure it wouldve done when the racers who are in question started? That must show the percieved duty of care lies with the club and governing bodies not the race team managers?

#6 Post by **Kwackerz** » Fri Jul 13, 2007 1:32 pm

Oh and welcome back to RS

Say Hi to Tomoko from me

D-Rider · #7 Post by **D-Rider** » Fri Jul 13, 2007 2:33 pm

Amazing.

This must obviously be a huge worry for all on the receiving end.

In reading things through, the one thing that seems particularly lacking is any hard evidence that the rider that Jorge lent the bike to actually did clip the claimant as alleged and even if he did that it directly led to the other rider's accident.

Surely without some well documented evidence to support these things, the claimant doesn't have a prayer?

Even if he does have good evidence, there is much cause for hope of a sensible outcome from the comments that have already been posted in the linked thread.

I hope that common sense prevails.

TC · #8 Post by TC » Fri Jul 13, 2007 10:00 pm

I have come across this type of thing before in relation to track days, but in fairness the track day was poorly organised and someone dies as a result of poor management.

However I am surprised in this case unless there is something to suggest that the organisers did something that makes them liable

Gio · #9 Post by **Gio** » Fri Jul 13, 2007 10:09 pm

Jorge, I'm gutted, I wish I had the experience to be able to say something, but I don't. I will however put my name up as a supporter in court if you want.

I'd really like to know who the trouble maker is, but I can understand that you can't say without causing your defence problems.

Peter

BikerGran · #10 Post by **BikerGran** » Sun Jul 15, 2007 1:37 pm

Sorry to hear about this problem Jorge - but two things occur to me.

How can this rider prove that he lost his barke lever in the clash with the rider on your bike?

If he cannot prove that, then he has no case.

Samray · #11 Post by **Samray** » Thu Aug 02, 2007 10:25 am

Boing.

The thread linked to originally has developed somewhat, including a fighting fund.
http://www.motoforum.net/index.php?show ... 2629&st=75

More reaction here. http://www.visordown.com/forums/showthread.php?t=341377

#12 Post by **Kwackerz** » Thu Aug 02, 2007 10:57 am

I dont think it's a fighting fund for Jorge himself, as for the rider who is being sued. The lad cannot afford the legal costs that he undoubtedly needs to pay for.

The name and address and details are on the Motoforum thread should anyone wish to donate to it.

#13 Post by **Kwackerz** » Mon Oct 19, 2009 11:58 am

Well the Court has delivered it's verdict so I thought i'd inform those who have an interest in what the outcome was.

The Claimant's Claim was dismissed.

Really Really pleased for Jorge (and RiOT for that matter) and our rider at the time, Mark Brewster and just hope the hell that has been the last couple of years will fast become just a memory.

Anyways, Thought i'd let you know.

T.C. · #14 Post by **T.C.** » Mon Oct 19, 2009 12:09 pm

Kwackerz wrote:Well the Court has delivered it's verdict so I thought i'd inform those who have an interest in what the outcome was.

The Claimant's Claim was dismissed.

Really Really pleased for Jorge (and RiOT for that matter) and our rider at the time, Mark Brewster and just hope the hell that has been the last couple of years will fast become just a memory.

Anyways, Thought i'd let you know.

Has the court given the claimant leave to appeal? If not, then great, but if he has the chance to appeal then it is not over yet.

#15 Post by **Kwackerz** » Mon Oct 19, 2009 12:13 pm

All it said in the letter I recieved was the Claimant's case was dismissed and he was ordered to pay both defendants costs, Court assessing if figures cant be agreed

The feeling I get is that it's a final ruling.
Just waiting for Jorge to materialise and inform us of the ins and outs, but I imagine he is resting at the moment.. I would be!