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Old 26 May 2016, 09:53 (Ref:3644513)   #1
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Bianchi family launch legal action

Offered without comment:

http://www.autosport.com/news/report...s-legal-action
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Old 26 May 2016, 11:29 (Ref:3644524)   #2
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I saw this earlier, and was going to resurrect one of the older threads and being an opinionated type of chap, I will happily wade in. I think that this is wrong, simple as that.

His injuries were sustained as a result of a culmination of a number of events, which were loosely connected. If I remember correctly, Bianchi had already passed the scene of the previous off once prior to him going off, and as has been reported by the FIA, he was travelling too fast for the conditions that prevailed at the time that he lost control.

The undeniable fact is that the accident would not have happened if Bianchi had not lost control at that place. And it must be borne in mind that after Sutil had crashed, no other driver apart from Bianchi lost control at that particular point of the circuit.

The family might, in my opinion, argue that the recovery vehicle should not have been where it was until the race had been neutralised, which may have been a decision by a member of the FIA team, but the FIA itself was not responsible. If anything, it would be the local MSA/race organiser that would have had most control around the incident.

I fail to see what part of the incident was played by either FOM or Marussia; the first because they do not control how the cars are driven or marshalling of events, and the team because the accident was not caused by any defect on the car; it complied with the same rules that all the other teams adhered to, and I feel sure that they didn't instruct Bianchi to drive the car beyond it's limitations under the circumstances of that period of the race.
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Old 26 May 2016, 11:32 (Ref:3644525)   #3
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The only thing FOM and FIA are to blame for is not starting the race earlier when visibility was better something that was suggested. And I agree, the tractor shouldn't have been there, lessons hadn't been learned from Brundle's near miss in 94
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Old 26 May 2016, 14:22 (Ref:3644564)   #4
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With hindsight, there is a definitely case to be answered. It's not a huge surprise to see this.
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Old 26 May 2016, 14:32 (Ref:3644566)   #5
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My view is that the SC should have been deployed as soon as Sutil went off, especially given what Happened with Brundle and the marshal in 1994, and that they were pratting around with the SC when conditions were relatively good.
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Old 26 May 2016, 14:52 (Ref:3644570)   #6
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I beat the drums as loud as anyone in the "closed cockpit" thread because I want to see safety improvements. But I have to wonder what the family expects to happen with this action.

The FIA and teams are already working on improvements with respect to reduction in risk of head injury. I doubt this will do anything to speed up or change the direction of that project as it appears to be a good faith effort (even if I don't agree with some parts of it). And as already mentioned above, it seems like there were a number of factors that culminated in the accident (including significantly actions by Bianchi himself). I expect the larger picture comes into focus via hindsight, but does that really define negligence or just a perfect storm of a number of individual things having gone wrong?

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Old 26 May 2016, 15:09 (Ref:3644576)   #7
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Blame culture exists and todays legal profession will no doubt make a load of money out of this, but i can not see the family getting answers other than those they already know.
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Old 26 May 2016, 15:35 (Ref:3644589)   #8
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The article suggests that the family are upset because no-one has apologised. That's understandable; their son is dead after a long and tortuous dying. But with the litigious culture we live in, really, who was going to put their hands up?
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Old 26 May 2016, 15:37 (Ref:3644590)   #9
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I haven't read the FIA's report, but obviously, according to the Bianchi family, the blame seems to have settled on Jules, and they want to "clear" his name.

Regardless of whatever "evidence" that the family produce if the matter actually comes to court, they cannot escape the fact that even if the rescue vehicle hadn't been where it was, Jules' car would have still left the track under those weather conditions.

Life is full of "ifs"; and if his parent hadn't attempted procreation at the time, Jules might not have been racing. Motor racing is dangerous, especially for drivers and the family have to accept that fact no matter how regrettable the outcome was. He participated willingly, and he was either paid to fulfil his passion or was not quite so lucky and someone else had to pay for his seat.
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Old 26 May 2016, 16:22 (Ref:3644598)   #10
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'Hate to be negative but this wreaks of Mark Donohues wive's suit against Goodyear three decades ago (he died in 75 but the lawsuit came much later). Even, if I recall correctly (and I'm sure I do), Mario (Andretti, but of course) testified that Mark had told him once that he would not want this to happen as he knew the risk he was taking as a driver...

Awww......the almighty dollar (or whatever currency you choose...)

An excerpt (mostly Donohue and what litigation is doing to our sport) from MotorSports Unplugged.



" Tony Stewart Should Settle In the Ward Lawsuit

August 18, 2015 By Michele Rahal Leave a Comment



Tony Stewart weathering the storm.
Tony Stewart weathering the storm.

We may not have heard much regarding lawsuits in auto racing, but it is not a precedent. Now Tony Stewart has been, predictably, dragged into one that has too many downsides for him to become distracted from what he does best, racing cars.

The youngsters out there probably wont remember the name of the late, great Mark Donahue, however you should.

Donahue drove for Roger Penske and was his first true star prior to Rick Mears. He drove Trans-Am and won, Can-Am and won, the Indy 500 and won, in NASCAR and won, he was the very first IROC champion, but then Penske moved into Formula One.

In Formula One he had 14 starts and stood on the podium in Canada. Unfortunately while practicing for the 1975 Austrian Gran Prix a tire blew, he hit a catch fence, killing a track worker, walked away and then died from a cerebral hemorrhage the next day.

His heirs sued Goodyear for a blown tire that caused the accident. But the heirs didn’t stop there.

According to an article from the LA Times in 1986:

“An out-of-court settlement was reached Wednesday at Providence, R.I., in the appeal of a $9.6-million Superior Court verdict awarded the estate of race driver Mark Donohue, killed during practice for the 1975 Austrian Grand Prix.

The verdict of April, 1984, the largest ever returned in a Rhode Island state court, had been appealed to the state Supreme Court by the Goodyear Tire and Rubber Co. of Akron, Ohio, and by the Penske Corp. of Reading, Pa.

Donohue’s heirs claimed that his death stemmed from negligence on the part of Goodyear, which made the left front tire that blew out on Donohue’s Formula One racer, and on the part of the Penske Corp., owner of the car.

Under the terms of the settlement, the amount of which was not disclosed, Donohue’s widow, Eden Donohue Rafshoon, will share the money with Donohue’s two teen-age sons.”


Mark Donahue in the monster Can-Am Porsche 917, a Penske car.
Mark Donahue in the monster Can-Am Porsche 917, a Penske car.

Here’s the real problem: Every racing driver or corner worker knows exactly how dangerous the sport of auto racing can be. The life expectancy of a mayfly was more certain the a Formula One driver during the Donahue time period.

Despite this, signed waivers, excellent medical care and wellwishers this is a dangerous sport in all it’s forms and you can get sued. For anything.

You can get sued as a driver, equipment manufacturer (Bell was sued as well as Penske) or team owner. The problem for Tony Stewart is that he drives and owns a four car Sprint Cup NASCAR team.

Tony Stewart is only now getting comfortable with the Gen 6 2.0 car. His finishes and movement backwards to the middle of the pack in 2015 could be a direct result of both a severely broken leg and this lawsuit being brought against him for the death of 20 year old Kevin Ward, Jr. in a sprint car accident on August 9th 2014.

Does he have a defense? Of course he does. Ward was found to have marijuana in his system according to the toxicology test performed during autopsy. So what?

Anyone can be sued for anything and in a case that is as emotionally charged as this, Stewart may very well choose to settle in order to keep himself grounded, keep his sponsors out of the fray and, in general, get his life back together. It’s all taken a toll on the likable, generous and sometimes fiery Indiana native.

Here’s the takeaway: Civil Court cases do not have to reach the level of evidence required in a criminal case. Stewart was never criminally charged. Anything he’s ever been accused of, done or said, videos, you name it, can or may be allowed in a Civil case.

Get the lawyers, weigh the potential emotional and financial damage, and if it seems to be the lessor of two evils, settle with this family rather than have this take the inevitable toll of bringing down a successful racing team and driving figure.

Sometimes you just have to bite the bullet and take the abuse. It may not be right, but it’s the only course of action he really has unless his sponsors are willing to have their name appear every time a reporter writes about the case.

On this one, I’ll have to agree with my friend, Bob Pockrass, who wrote an article on this subject in September of 2014.

Once again we’re having to ask ourselves: Will this litigious society we have created ultimately destroy the sport we all know and love?

Hell no, we’ll regulate it to death before the lawsuits kill it.


Be Sociable, Share! "
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Old 26 May 2016, 16:53 (Ref:3644603)   #11
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I know it sounds harsh, but there was only one person operating the pedals and wheel in that car, and in the absence of any evidence of a fault with the car, there is only one reason for the crash - driver error.

When I sign on for an event, I sign a document which if I remember correctly "saves harmless" all the organisers etc........surely something similar exists at International level, and if so, how can legal action over-rule that?

If Bianchi had collided with and injured or killed a marshal because of his erratic driving, would his family have been trying to sue the marshal?
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Old 26 May 2016, 17:14 (Ref:3644613)   #12
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The only comment I'll make is that the lawsuit appears to stretch much further than the incident itself; it also includes the way the preceding and subsequent events were handled all the way through to Jules' death.

The family clearly believe that some things were either excluded or redacted from the inquiry held by the FIA and want those things to be made public.

Whether that's the case or not remains to be seen.
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Old 26 May 2016, 17:49 (Ref:3644626)   #13
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Bottom line for me, that tractor should never have been on a live race track. If such an object is needed in the open, it should be an automatic safety car. For that reason alone, I do believe the race organisers / FIA have a case to answer.
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Old 26 May 2016, 17:49 (Ref:3644627)   #14
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It's disappointing to see this
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Old 26 May 2016, 18:09 (Ref:3644630)   #15
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It's disappointing to see this

Bottom line....agreed.
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Old 27 May 2016, 01:28 (Ref:3644718)   #16
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Blame culture exists and todays legal profession will no doubt make a load of money out of this, but i can not see the family getting answers other than those they already know.
Nor bring their son back to them
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Old 27 May 2016, 01:37 (Ref:3644720)   #17
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The Bianchi family were and are well acquainted with death and injury from motor racing so I can't be convinced that money is the end result but I bet the defendants try and settle out of court to prevent the close examination of what happened and why. I think they want the courts to examine the whitewash that the report became and in doing so apportion at least some of the blame to the defendants and why they subsequently made changes if the system was working already. There is one sure thing in all this, before and during the time the report was being assembled and authored those behind it sought to minimise the impact it would have on everyone but the driver and they succeeded. Now they have backed themselves into a corner and have to defend the report and all the decisions that led up to the crash and why they subsequently took the actions they did. Was the Bianchi to blame? I am sure he has to accept (posthumously) part of the blame but there are so many factors which led up to the crash that others had a hand in also. In reality we have heard only one side of the story as told by the FIA and the Bianchi family are obviously try to address that and I sense frustration with getting answers is at the bottom of this and they had no choice.
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Old 27 May 2016, 01:51 (Ref:3644723)   #18
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I know it sounds harsh, but there was only one person operating the pedals and wheel in that car, and in the absence of any evidence of a fault with the car, there is only one reason for the crash - driver error.

When I sign on for an event, I sign a document which if I remember correctly "saves harmless" all the organisers etc........surely something similar exists at International level, and if so, how can legal action over-rule that?

If Bianchi had collided with and injured or killed a marshal because of his erratic driving, would his family have been trying to sue the marshal?
Driver error ? Jules aqua planned and as mentioned Safety Car should have been deployed as soon as the tractor was out to carry away Sutil´s car, AND red flagged. I hope FIA and FOM have to pay the price for this awful mistake !
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Old 27 May 2016, 02:24 (Ref:3644726)   #19
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Driver error ? Jules aqua planned and as mentioned Safety Car should have been deployed as soon as the tractor was out to carry away Sutil´s car, AND red flagged. I hope FIA and FOM have to pay the price for this awful mistake !
Seconded. I've always been of the belief that if equipment must go past the wall, a full course caution should be thrown. Even moreso in cases of wet track conditions(and that was way beyond merely "wet").

People can say Jules should've slowed down more, but there's simply no guarantee in those conditions that it would have made any difference. The fact that other drivers negotiated it without issue doesn't mean much of anything - the only thing that could guarantee prevention of the accident would've been not sending the crane out until a full course caution had been thrown.

The responsibility for that mistake lies entirely with the series and it's operators.
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Old 27 May 2016, 03:19 (Ref:3644739)   #20
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It's disappointing to see this
Very much so, this is not going to bring Jules back to us or his parents, extremely sad ...
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Old 27 May 2016, 04:06 (Ref:3644747)   #21
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Seconded. I've always been of the belief that if equipment must go past the wall, a full course caution should be thrown. Even moreso in cases of wet track conditions(and that was way beyond merely "wet").
I've always been of the belief that a two waved yellow flags means that there is a problem, marshals may be on the track and the driver should slow down and prepare to stop, if necessary.
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Old 27 May 2016, 04:17 (Ref:3644748)   #22
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The points raised here show exactly why there should be more scrutiny of what happened on that awful day.
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Old 27 May 2016, 04:59 (Ref:3644758)   #23
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The points raised here show exactly why there should be more scrutiny of what happened on that awful day.
I feel we have scrutinised what happened on that awful day enough. The evidence is in and conclusions can be drawn. However if the point of the exercise is to discuss "what ifs" the process can continue indefinitely.
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Old 27 May 2016, 05:25 (Ref:3644759)   #24
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I feel we have scrutinised what happened on that awful day enough. The evidence is in and conclusions can be drawn. However if the point of the exercise is to discuss "what ifs" the process can continue indefinitely.
You and me discussing it on a forum is not exactly what I meant. There needs to be a formal inquiry calling on those involved and those qualified to assess what happened or did not happen. This is obviously what the family wants, not two fans offering unqualified advice about things they know nothing about on the internet.
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Old 27 May 2016, 05:32 (Ref:3644760)   #25
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The Bianchi family were and are well acquainted with death and injury from motor racing so I can't be convinced that money is the end result but I bet the defendants try and settle out of court to prevent the close examination of what happened and why. I think they want the courts to examine the whitewash that the report became and in doing so apportion at least some of the blame to the defendants and why they subsequently made changes if the system was working already. There is one sure thing in all this, before and during the time the report was being assembled and authored those behind it sought to minimise the impact it would have on everyone but the driver and they succeeded. Now they have backed themselves into a corner and have to defend the report and all the decisions that led up to the crash and why they subsequently took the actions they did. Was the Bianchi to blame? I am sure he has to accept (posthumously) part of the blame but there are so many factors which led up to the crash that others had a hand in also. In reality we have heard only one side of the story as told by the FIA and the Bianchi family are obviously try to address that and I sense frustration with getting answers is at the bottom of this and they had no choice.
It is refreshing to see that someone 'gets it' as some usually pretty-cluey posters have not, all the while trotting out the same old same old.....
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