On Thursday November 5, 2015, racing fan Allen Davis filed a negligence suit in Florida federal court against Daytona International Speedway, International Speedway Corp., and the sport’s governing body, NASCAR, Inc. Davis was injured while attending a February 2013 race at the Daytona track, one of NASCAR’s most popular and heavily promoted venues.
The complaint alleges that during the particular race, driver Kyle Larson’s car was thrown up into the air as a result of a 12 car crash on the final lap, with the car striking into the protective fence surrounding the racetrack. This fence, according to the complaint, is known as a “catch fence,” and is intended to separate and protect fans from vehicles flying off the track and into the stands. While the catch fence caught Larson’s vehicle as it was rocketing through the air, because of the high rate of speed that the cars were going at the time of the crash, the fence shredded a majority of the car on impact, shooting debris into the seating area where Davis and hundreds of other fans were watching the race.
According to the complaint, Davis was struck on top of the head by some of the falling debris, causing a severe and traumatic brain injury as a result. Davis alludes to 28 people suffering injuries specifically because of the crash and the debris getting into the spectating area.
The complaint alleges that NASCAR was aware, or should have been aware, of the inherent risks/dangers of the use of restrictor plates in the vehicles during the race, which were a direct cause of the crash and Davis’ subsequent injury. These plates cap the max speed that cars can reach during a race at 200mph, which leads to what is referred to as “pack racing,” or when racers become dangerously bunched together with little to no room between them because they are all traveling at the same speed. Pack racing, according to Davis, leads to more crashes and injuries to racers and fans alike, which NASCAR is aware. Restrictor plates are only mandatory during races at Daytona Speedway and Talladega Speedway, another of racing’s most popular tracks.
The complaint goes on to allege that NASCAR and the other defendants did not do enough to protect the safety of fans and drivers. Proposed preventive measures that Davis argues NASCAR should have installed prior to the incident include: a second layer of catch fence surrounding the racetrack; more structurally sound catch fences; the removal of cross-over gates at the track, which allow fans to access the infield during races and which compromise the structural integrity of the catch fence; and moving spectators back to a less dangerous area to watch races.
Davis is suing for compensatory damages and relief from medical expenses incurred as a result of his injury.