Wednesday, July 21, 2010

THIS TO SHALL PASS...." Son rubbing is racing !"....


DSCN1863
Originally uploaded by terrybankert
A memorial to the " Good Old Days".
Name this track?
Heres a hint.
[yawdeepsyticotua]
Try your answer in the comments section and name a driver from the era.



HOW IS THE RULE CHANGE AFFECTING THE SPORT?

Flint Divorce Attorney Terry Bankert stated "A friend who owns a car said to me NASCAR needs to change the rules back and make this business safer. I wondered what he was talking about so I nosed around." Divorce Attorney Bankert is the Franchise attorney for dumpmyspouse.com Genesee County and is an Auto City Speedway Track Sponsor and the Persails #80 and Wine #24 cars.

DID YOU KNOW!

On January 22, 2010, in the article "NASCAR attempting to energize sport," ESPN.com reported that NASCAR lifted restrictions on bump-drafting and increase horsepower in an effort to juice up the sport for the fans. The bump-drafting restriction was placed in 1989. [9] Is there an increase in payback wrecks and did this rule change allow it?





THE SPORTS MEDIA SEEMS TO WRITE ABOUT DRIVER INJURY IN NASCAR INTENTIONAL WRECKS, WHAT ABOUT THE INJURED FANS?



Seven NASCAR fans were injured ….while watching a race at Alabama's Talladega Super speedway, when a last-lap crash sent Carl Edwards' car airborne and into a "catch fence" in front of the stands. Although the car landed back on the track, some debris from the crash made it through the fence and into the crowd, causing injuries to seven spectators. The incident at Talladega raises questions about spectator safety at sporting events, and legal liability for fan injuries. [8]


Racing folklore says " rubbing is racing". Does this include intentional crashes?

...if NASCAR continues to let the racers settle scores on the racetrack, the repercussions will escalate. Rubbing is racing. Intentionally wrecking a driver and setting the stage for innocent racers to be collected in the process goes beyond simple retribution. At least eight cars were destroyed on Saturday night — including the Fords of Edwards’ Roush Fenway teammates Ricky Stenhouse Jr. and Colin Braun.[B]



NASCAR SENT A MESSAGE FOR THE BOYS TO "HAVE AT IT "TO DRAW CROWDS

What exactly does "boys, have at it" mean? [a]

The message NASCAR sent to drivers earlier this year about their on-track conduct came accompanied by the phrase of “Have at it”. And a cool phrase it is.[C]




It’s folksy, as befitting a sport with rural roots. It’s easy to remember. Gosh knows that it rolls off the tongue with such ease that the media has fallen head over heals in love with its use.[C]



But what it also is, is useless as an official policy statement. It’s open to wild interpretation and offers no specific rules of order. It’s a guideline which is being individually analyzed 43 different ways on Saturday nights and Sunday afternoons and with increasingly scary results.[C]



It is that open-ended quality which is confusing drivers and may be leading to a major injury.[C]




WHEN DOES A BUMP, LEADING TO UNINTENTIONAL WRECK,
RESULTING IN A PAYBACK CHALLENGE,
RESULTING WITH AN INTENTIONAL WRECK,
INJURY AND DEATH,
CAUSE A TORT CLAIM OR A MANSLAUGHTER CHARGE?
WHO HAS TO DIE BEFORE THE TRACKS,NASCAR ,OR CONGRESS TAKES CONTROL OF THIS SPORT?

JUST WHAT IS GOING ON WITH EDWARDS?

As Carl Edwards understands it, apparently, it means when someone angers you on the race track, you wreck him and you wreck him hard, regardless of what other competitors get taken out in the mess.[A]




NASCAR will have to determine their answer, and soon.[A]



Brad Keselowski is a driver who has annoyed many, but none has wrecked him multiple times so forcefully as Edwards has. Twice Edwards has put Keselowski in a visibly and obviously dangerous position. He did it in Atlanta in March and he did it at Gateway International Raceway at the end of this weekend's Nationwide race.[A]



Both wrecks were intentional and payback. The first time Edwards was parked. The second time he won the race.[A]


Sports and Torts



If a NASCAR driver died in a crash, would the racer who caused it be liable?[4]

Mabey not!

It should be noted that in 2006 the California Supreme Court held that intentionally hitting the batter is actually a fundamental part of the game of baseball.60 60 Avila v. Citrus Comm. Coll., 131 P.3d 383, 394 (Cal. 2006) (Even if pitcher intentionally threw at the batter, conduct did not fall outside the range of ordinary activity in the sport).[5]



Just wondering if the rule change and increase in intentional wrecks should re reevaluated before a fan dies?

Just how are those injured fans doing?



Posted by

Terry Bankert

http://attorneybankert.com/



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Sources this article

[4]*

http://www.slate.com/id/2247672

[5]*

http://nbcsports.msnbc.com/id/30486233/

[8]*

http://blogs.findlaw.com/injured/2009/04/nascar-fans-injured-at-talladega-spectator-safety-and-the-law.html

[9]*

http://sportslaw.foxrothschild.com/tags/assumption-of-risk/


[a]
http://articles.chicagotribune.com/2010-07-20/sports/sc-spt-0721-notes-ganguli-autos-modul20100720_1_brad-keselowski-kyle-busch-wrecking

[B]
http://msn.foxsports.com/nascar/story/NASCAR-needs-to-look-closely-at-Carl-Edwards-Brad-Keselowski-incident


[C]

http://www.racintoday.com/archives/19663


*****



Mickey Adams, Ypsilanti
Adams won Sunday's No Box race at Milan Dragway, posting a winning pass of 130.49 mph in his 1967 Camaro in the finals against Terrance Cairns. Adams also won the July 10 Ultimate Outlaw Series.

http://www.mlive.com/autoracing/index.ssf/2010/07/checkered_flags_spring_lakes_b.html

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For Miller Lite Dodge driver Kurt Busch, there are the "big picture" and even the "bigger picture" scenarios entering this weekend's NASCAR Sprint Cup Series return to the history-rich Indianapolis Motor Speedway. While Busch and his Steve Addington-led "blue deuce" team are focused on continuing to do what it takes to make the 12-team Chase roster after 26 races, they also realize how significant an Indy NASCAR victory would be for Penske Racing.

http://www.motorsport.com/news/article.asp?ID=378547&FS=NASCAR-CUP

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Child support, child custody, alimony, grandparent, divorce questions? Consider contacting Flint Divorce attorney Terry Bankert 810-235-1970, http://attorneybankert.com/


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5 comments:

  1. Iron Mountain Speedway, driver Pasty Head? What do you think?

    ReplyDelete
  2. A friend good naturedly told me, "Son thats just rubbin...and rubbing is racing"

    That I agree with.

    But even the driver , track and assoication sites, articles and blog are asking the question what is the limit?

    Are intentional wrecks that cause personal injury and damage the cars not in the dispute good for racing? I have no answer.

    The analogy I would use is a railroad track. The trains don't slow down. vision is obstructed,car drivers speed up to cross with no track line of site, there is a history of near misses and minor damage then a loaded school buss gets hit with fatality. Every one knew the crossing was dangerous, everyone knew the cause was no blinker, nobody acts until a high profile death.

    It is fair to conclude that there is considerable opinion holding that the recent rule changes have made NASCAR more dangerous and NASCAR does not enforce aggressively the rules its has. You have drivers open pledging to payback and cause wrecks the next opportunity.

    Yes the fans assume risk when they go to a nascar or short track race they go to see the crashes. When the rules allow an inherently dangerous enevnt the protection of track and drivers through the doctine " assumption of risk" can be stripped away.

    But heck I am new to this and having the time of my life this year. I guess rubbing is racing...... for now......

    ReplyDelete
  3. A friend commented,

    Bump drafting is allowed, but supposedly banned in the turns. However, NASCAR doesn't seem to enforce it. Moving another driver out of your way is a time honored tactic, but a lot of drivers give a lot more than a nudge. This is where the wrecks happen. Also, watch car closeups at the restrictor plate tracks, Daytona & Talladega. The cars are not as stable as they appear, they move around a lot.
    Actually, I think you see a lot more bumping and banging at the local tracks than you do in the big leagues. I could mention some names from Dixie & Auto City, but I won't. Being perfectly honest, that's what the majority of the fans want to see. Too bad they don't have big screen TV's at the local tracks so fans can see the fights in the pits.

    For a real thrill, the Richard Petty Driving school comes to Michigan International Speedway at least once a year. For $100.00 you can ride with an experienced driver for 3 laps at speeds of around 175-180MPH. Sometimes another driver will pull up beside you, about a foot or less apart, for a lap. if I had the $1800.00 to spare, I'd take the class where they turn you loose in the car & you go as fast as you dare.
    --------------------------------------------------------------------------------



    Thank You.
    1. I will look up what a restrictor plate.
    2.bump drafting new term to me
    3.the excitment is the bump I agree
    4. camera in the pits is a good idea
    5. only a 100 for 3 laps...!

    Thanks again

    ReplyDelete
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