Background

In a tragic incident at a national racetrack, an individual attending on behalf of a race sponsor to present at an awards ceremony lost his life after being struck by a tractor operated by our client’s Insured. The tractors had been contracted to serve as recovery vehicles for the motorsport event.

The deceased had entered the track area intending to make his way to the middle for a presentation. Unknown to the organisers, he made his way onto the track area without an escort, without wearing high-visibility clothing, and without authorisation. Tragically, he was struck by one of the Insured’s tractors, which was being operated by their employee, and lost his life.

While on the surface liability may have seemed straightforward, the circumstances were actually more complex. There were limitations on the tractor driver’s ability to see the deceased before the collision as he was in the driver’s blind spot. The vehicle’s A-pillar, exhaust stack and front loader became visual obstructions. The Health and Safety Executive investigated and ultimately prosecuted the race organiser for serious lapses in managing trackside safety. A Regulation 28 report was also issued by the coroner to the motorsport governing body to prevent future deaths of this nature.

How we helped

Once the deceased’s estate began proceedings against the race organiser, the Insured was brought into the litigation as a Part 20 Defendant. From the beginning, together with a carefully selected legal team, we meticulously assessed the litigation risk, recognising the sensitivity of the matter and the complexities.

Appreciating the litigation risk such a case presented, we were instructed to offer a costs-inclusive contribution of £100,000 to the race organiser at a Joint Settlement Meeting in an effort to assist resolution. This was rejected, however, as the Part 20 claim progressed, our position strengthened – especially at the experts’ joint statement stage.

Our expert presented a detailed analysis of the immediate environment on the track, highlighting multiple hazards that reasonably demanded the driver’s attention, such as moving race cars, marshals, a transit van and other recovery tractors. The expert concluded that there was only a brief window in which the deceased could have been seen prior to the vehicle turning, and that as the tractor moved forward, the deceased entered the vehicle’s blind spot. The race organiser’s expert did not dispute these findings.

Outcome

The case was ultimately settled by the race organiser for circa £1.0m, including legal costs. However, the race organiser continued to pursue a contribution from the Insured and the matter proceeded to a three-day trial held in April of this year, where judgement was reserved.

Judgement was consequently handed down, dismissing the race organiser’s claim, and the Insured being awarded their legal costs. The judge accepted that the Insured and their driver had not been negligent.  Poor management by the race organiser had placed the deceased and the tractor driver in a dangerous situation, which the organiser had the opportunity to avoid.  This case, while deeply tragic, illustrates the importance of obtaining clear evidence and expert analysis.