In a motocross recently, I rode outside the unsupervised boundaries of the marked course and flipped over tree stumps and heavy brush, causing leg and back injuries. Does riding beyond the marked boundaries of the course affect liability and damages?
You should go over the terms and conditions of your participation in the motocross. Typically when you participate in motocross you assume the risk that you may be injured. Most likely you would have some trouble with this case because of your action. Your injuries probably would be considered your own liability.
As a general rule, the property owner would not be liable for your injury since you acted in an unauthorized and dangerously careless way. More details about why you left the course would be needed to establish a case such as if your vision was obstructed, were you avoiding a collision, did you mistake the area as part of the course, etc. If you admit that you simply went into an unauthorized area, you won’t have much of a case.
However, never say never. Part of figuring out the value of your claim is estimating what a jury would likely award in your case. Reasonable estimates can be made based upon what jurors have awarded in similar cases in similar venues. At any rate, your own insurance coverage may provide medical treatment on a no-fault basis.
The best thing would be to seek the advice of an attorney who is experienced in motorcycle cases to discuss your legal rights. |