Three fans that were injured in the scary crash at Saturday's Nationwide Series opener at Daytona have hired an Orlando-based law firm to represent them in any litigation taken in the future against those responsible for the injuries.
According to ESPN.com, attorney Matt Morgan of Morgan & Morgan wrote about the hiring of the firm on Twitter on Monday, writing: "BREAKING: My firm has been retained by three individuals who were injured at the NASCAR race this past weekend. -- @MattMorganESQ.''
Morgan confirmed to ESPN.com that no lawsuits have yet been filed, but that could change in the near future. He said the firm is gathering information for the individuals who retained counsel and that the information will help the individuals "pursue their claim for damages against the entities responsible for the injuries.''
Any future lawsuits could come against NASCAR, Daytona International Speedway, or the company that designed the catch fencing that the car crashed into on Saturday. 28 fans in total were injured in the crash, which started after Kyle Larson's car went airborne and crashed into the catch fence on the side of the track.
Debris from the front end of the car as well as a wheel was flung into the stands and sent at least 14 fans to the hospital, including two that were in critical condition. Some of the fans were taken to Halifax Health in Daytona Beach.
"We're in very preliminary stages to see what was done wrong and what could have been done to prevent this type of injury,'' Morgan said. "I've done a preliminary investigation to see what has been done with the fencing in the past and the fencing now. As time goes on, I'll have a better understanding of liability.''
The two fans that were seriously injured were likely struck by the tire that came off the front end of Larson's vehicle, something that Hendrick Motorsports owner Rick Hendrick said he has never seen happen at a race before. The fans have since been upgraded to stable condition, while the seven spectators remain in the hospital, a hospital spokesman said on Tuesday.
Morgan said that two of his clients were seated near the fence and were hit by debris from the crash, while one had a significant fracture to their fibula. The names of those injured were not released.
This is not the first time that fans have decided to hire a law firm after an accident at a race, as it also happened in 1999 after a tire made it over the catch fencing at Charlotte Motor Speedway that killed three spectators at an IRL race, spurring 50 lawsuits.
The fence area that was damaged on Saturday was repaired in time for Sundays Daytona 500 and there were no crowd incidents during the event. According to ESPN.com, there is a waiver on the back of every ticket for NASCAR races that fans assume all risks when they come to the track, although that does not prevent fans from suing for damages.
"The competitor signs a release sheet and you're competing, the track is protected,'' Wheeler said. "When a spectator goes in he is not protected. All you have to do at that point is prove negligence," said Former CMS president H.A. "Humpy'' Wheeler.
