Originally Posted By polyspheric
You've got it - "informed consent" is what's missing, some demonstration that what the drivers anticipated (and agreed not to claim against) was the only threat. The moment anything else appears contributory, the consent can be successfully attacked.

What killed the tobacco companies: even though it was known that smoking was dangerous 100 years ago (remember? called "coffin nails" in WW1?), it was discovered that the tobacco companies knew about and withheld even worse information.
This is the essence of fraud (and dealing in bad faith): the statements were known to be false, offered for the specific purpose of attracting new smokers, and the potential customers had no access to better information (called "substantial reliance").

It doesn't have to rise to the level of provable fact, only to the point where the defendant/respondent (insurance etc.) would rather pay than risk a big jury verdict.



You are making my points EXACTLY and don't get it.

The LAST thing anyone would want is a retarded, biased jury looking into implied consent. That's why the insurance companies pay out so quick. Drag races, asscar, professional MX...all that, will go away very quickly the first time a jury, or a scungy judge, or worse yet, a criminal politician starts playing with the laws. It will be OVER.

Like I said...look into the Lori Johns deal. Better yet, just think about how close it all came to an end when the idiot Dale Earnhardt was killed (because he REFUSED to follow Bill Simpsons advice)...and asscar had to do some serious payola to keep playing the game. Take a look at the NFL. It was almost stopped (on several occasions, not just in the early 20th century) and they are scrambling to keep ahead of the crash. All they need is one or two more guys paralyzed, or get one of them killed and the NFL will be done. It's for real.

As for the PM, you know exactly what I mean when I say "REQUEST DENIED". So don't PM me again, as you are wasting your time.

Just because you think it won't make it true. Horsepower is KING. To dispute this is stupid. C. Alston