This weekend I entered a Demo-Cross race with the rules: 2013 DEMO CROSS 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?
Without knowing exactly what kind of release you may have signed prior to entering into this event, I would say, generally, that you probably can't sue.
It would seem to me that this type of activity will fall under the doctrine of "Assumption of the Risk." That is, since the chance of a collision is an inherent part of car racing, you have probably assumed any risk involved with being in a collision.
This holding is from Knight v. Jewett (1992) 3 Cal 4th, 296. The Court, in addressing something similar to your question, said that even when a co-participant violates a rule of the game and may be subject to internal sanctions prescribed by the sport itself, no legal liability will attach.
The Court reasoned that to impose legal liability would, in effect, discourage vigorous participation in such sporting events. The Court tempered this finding by stating that a co-participant does have a limited duty of care to refrain from intentionally injuring another participant or from engaging in conduct that is so reckless as to be totally outside the range of the ordinary activity involved in the sport.
I hope that helps.
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