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[Baloo]

I had a great day at Brands GP today, apart from one worrying moment, which ended up all well and the two parties being okay with each other. It got me thinking though.

I was trying to pass a guy who had a big bike which went well on the straights but he always braked hard early and I would catch him in the corners. His exit and acceleration meant that I was finding it tough to get passed him.

As it happened we both went into Clearways together, him on his usual wide line and I thought I would get him using the tradditional late apex on way out. Just as I was coming through he cut right in on me, forcing me on the grass. The bike kicked out and the next thing I knew I was heading out on the track towards him. We collided (side to side) but amazingly we both stayed upright. Something went ping, it must have been his bike, mine was fine.

Who was in the wrong? Me for cutting underneath him, even though his line had always been wide whenever I saw him there before, or him for cutting into my line?

It is not important, but interesting to me.

[DavidH]

Both your fault. You could sue for negligence and get awarded damages, but they would be offset by what is known as 'contributory negligence' i.e. by taking part in an inherently dangerous activity you are taking on the risk of being involved in an accident. Result is you are as responsible for the accident as the other party and you end up with nothing. If this wasn't the case then track days and racing would have been stopped long a go.

The only remote possibility of suing anyone would be the organisers if they absolutely knew the other rider was dangerous and consciously did nothing about it. Unlikely.

The disclaimers you sign cover them for damage to bikes but not for personal injury, hence their expensive insurance policies.

David

[Baloo]

Thanks David.

Whilst I do not wish to sue, I was thinking along the lines of if this had been a race would it go down as racing incident or would one of us been penalised somehow.


See you at Brands on Sunday. I will be trying to take photos for anyone I know who wants some.

[Chuffster]

Ballo, sounds like you had a lucky escape.

According to track day etiquette (cough cough) you are supposed to go round the outside of someone on the corner and not underneath.

However, Clearways is a large corner with plenty of room and there is ample opportunity for the pass underneath if another rider has run a wide line. You probably would have done better to get down the inside going into clearways and carried the brake for a while, once alongside, he would have been aware of your presence and not turned in.

As for racing, it would be a race incident. Quite often there are bashings of fairings in racing, its something we apparently have to get used to.

See you Sunday.