Fan sues NASCAR over traumatic injuries

Local attorney says client was badly injured after crash at speedway

JACKSONVILLE, Fla. – A local attorney is warning all NASCAR race fans after he said his client was badly injured when a racecar went airborne in 2013.

With the start of the NASCAR race season underway, many fans will be flocking to Daytona to watch a weekend full of racing. But are you putting yourself at risk by attending the race?

News4Jax spoke Dan Iracki, a civil trial lawyer with Coker Law, who said his client came to a NASCAR race in Daytona for the first time and his life was forever changed. Iracki said his client used to work as a truck driver and because of a crash he's now learning to communicate all over again.

“It started out as a once-in-a-lifetime opportunity to come down here and see the race and he left on a stretcher and his life was forever changed,” said Iracki.

Three years ago hundreds of fans gathered for a 2013 NASCAR race at the Daytona International Speedway. But on the final lap of the race, a crash sent NASCAR driver Kyle Larson’s car into the air, injuring 30 people--Iracki's client was one of them.

“The fence basically failed in this case. The fence failed. The racecar intruded in the fence and left a huge gaping hole. It took down 300 feet. It's a football sized fence and you have a debris field that went far into the stands. Again our client was on the second level,” Iracki said.

Iracki said debris flew through the sky, striking 37-year-old Allen Davis. He was then transported to the hospital, where he had emergency surgery.

“He had a depression skull fracture on his left frontal lobe, swelling of the brain,” said Iracki.

Davis' attorney is now pinpointing what he calls an untested fence. He said prior to Februrary 2013, the company failed to test the area and fans should be warned. 

But NASCAR disagrees. In defense documents the defendant states "the injuries and damages complained of were legally and approximately caused and arose out of risk of which the plaintiff had knowledge and understanding and voluntarily assumed."

“The problem is common sense. If you're reacting to situations than you can ever prevent or mitigate incidents from happening,” said Iracki.

The attorney is looking to go to trial, asking for more than $75,000 in compensation for Davis. And since the 2013 incident, two more crashes have penetrated a NASCAR fence. To see official safety policies from NASCAR, visit its website.


About the Authors

Emmy-nominated journalist Kristin Cason joined the News 6 team in June 2016.

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