In a most recent update in regard to the plans by NASCAR fans to sue NASCAR for the injuries sustained during the Daytona 500 Speedway crash by more than 28 fans on Saturday, Reuters reported on Feb. 27, 2013, that some of the NASCAR fans have retained a lawyer who “expects their claims to be settled out of court.”
Wednesday’s announcement by the NASCAR fans’ lawyer came after days of speculations as to how some of the NASCAR fans hurt by Kyle Larson’s flying car parts will proceed with legal matters
Matt Morgan of the Orlando personal injury firm Morgan & Morgan stated that based on NASCAR history, "a lot of times they resolve these claims without having to go through litigation. So hopefully we can come to an amicable resolution on the value of these claims and move on."
Matt Morgan is representing three of the more than 28 NASCAR fans that were injured on Saturday when Karl Larson’s car flew into the frontstretch catch fencing, shearing off its front half and leaving large pieces of the vehicle inside the fencing.
Nineteen of the NASCAR fans who were hit by flying car debris required hospital treatment and several other injured fans were treated on site.
David Higdon, who is a NASCAR spokesperson, appeared to agree with Matt Morgan’s expectations that NASCAR would try to resolve the matter in a timely fashion and move on. According to the Reuter’s report, David Higdon said that while NASCAR does not discuss any pending or potential legal matters, “we'll likely provide an update on our next steps at our next race, which is this weekend in Phoenix."
One of the issues that lawyer Matt Morgan discussed was the fact that on the back of the race tickets was a waiver stating that fans assume all risks when attending races.
While the disclaimer is typical for any sporting event, Matt Morgan commented that it should not absolve an event organizer of all liability. As to his knowledge, "I don't believe, in my limited research, that NASCAR has many - if any - pending lawsuits against them right now."