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Lawsuits coming after Daytona accident?

Feb 27, 2013, 1:00 PM EDT

Regan Smith_Getty Getty Images

When you go to a race as a fan, the last thing you should expect or fear is accident debris entering the grandstands.

That’s why some of those injured in last Saturday’s accident in the NASCAR Nationwide Series race at Daytona International Speedway could be exploring legal action.

An Orlando-based lawyer for fans injured, Matt Morgan, told the AP he hopes to reach a settlement with NASCAR to avoid any lawsuits.

A NASCAR spokesman said he was not aware of any lawsuits, while a Daytona spokesman said they would not comment on pending litigation.

There are several aspects of what led to this accident. The Nationwide cars have lesser horsepower than the Sprint Cup Series, and while the Sprint Cup’s new Generation 6 car ran primarily in single file formation throughout the Daytona 500, the Nationwide cars ran more in a huge pack. That meant a greater likelihood of a “big one” accident.

Additionally, the accident itself was triggered by contact between leader Regan Smith and Brad Keselowski behind him. When Keselowski pulled out to pass as the field headed into the tri-oval, Smith moved to defend but came too far over on top of him. That triggered the chaos and the speed of cars behind them helped send Kyle Larson’s car airborne and into the catch fencing.

Keselowski was also involved in NASCAR’s last two car-into-fence moments, each with Carl Edwards. Going for the win at Talladega in April 2009, Keselowski and Edwards collided with Edwards’ car spiraling airborne and careening off the fencing, in front of the grandstands. Edwards retaliated on Keselowski in a Sprint Cup race at Atlanta in 2010.

The litigation may pass, but the discussion about both the catch fencing and the style of racing that has caused these accidents has only just begun. For more, see “IndyCar champions seek fence changes.”

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