Legal Question in Civil Litigation in California

This weekend I entered a Demo-Cross race with the rules:


The rules are simple. There aren't any! Any type of car (no convertibles), truck, motor home or bus can compete. The race is 20 Laps on the quarter-mile track. Anything goes! you can run one lap in reverse in order to block and hit the leaders in the race. There will be obstacles on the track. All traditional safety rules such as a helmet, seat belts, Drivers Jacket, long pants, gloves and leather boots apply. No Passengers allowed. Good Luck

Obviously there are rules as they limit cars and say you can only go backwards in reverse. Another driver in a huge truck tried to just crash others and then turned around going the opposite way and hit me head on in a corner at full speed. The Racetrack even posted on FB that he broke the rules and are considering changes to the rules to no backwards at all. Do I have any legal recourse against the other driver or the track for breaking the rules or negligence?

Asked on 7/16/13, 4:29 pm

4 Answers from Attorneys

Joel Selik

A case of negligence would probably very difficult due to your involvement of something that is obviously dangerous and stated to be dangerous ("no rules"). The legal principle of Primary Assumption of Risk may knock your lawsuit out. You do not indicate the extent of your injuries. Attorneys would want to know the extent of injuries in evaluating a potential case.

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Answered on 7/16/13, 4:34 pm

Terry A. Nelson Nelson & Lawless

You can always sue in small claims court and let the judge decide, if your provable damages are under $10k. If you seek more than $10k, consult with an attorney to decide if you should spend the time and money to sue in Superior Court.

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Answered on 7/17/13, 12:38 am
Anthony Roach Law Office of Anthony A. Roach

You got in a demo-cross competition and you are upset that they hit your car? Seriously? That's like signing up for boxing and being upset that someone punched you.

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Answered on 7/17/13, 1:18 pm
Anthony Roach Law Office of Anthony A. Roach

I advise other attorneys not to respond to obvious frivolous posts such as this. These tie up the lawguru network, and the posters tend to engage in trolling flame wars with posting attorneys, which waste precious attorney pro bono time. I've already forwarded this poster's information to lawguru and requested a block.

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Answered on 7/17/13, 10:26 pm

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