Jules Bianchi's family suing over his death

Jules Bianchi's family suing over his death

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2fast748

Original Poster:

1,091 posts

195 months

Thursday 26th May 2016
quotequote all
http://www.bbc.co.uk/sport/formula1/36386227

Not sure if this will get very far, don't drivers sign waivers before they race?

It doesn't mention claiming against Suzuka though.

Vaud

50,405 posts

155 months

Thursday 26th May 2016
quotequote all
Waivers can be over ruled by a court. You can't sign away all liability, but only the court can decide.

ralphrj

3,523 posts

191 months

Thursday 26th May 2016
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I've always thought that this was inevitable after the FIA report was published.

IIRC, Bianchi was unable to slow the car as he was on both the accelerator and the brake pedal. The FIA technical rules required that if this was to ever occur the car must have a fail-safe that cuts the engine power. The Marussia had an error in their software that prevented this from happening.

rhinochopig

17,932 posts

198 months

Thursday 26th May 2016
quotequote all
ralphrj said:
I've always thought that this was inevitable after the FIA report was published.

IIRC, Bianchi was unable to slow the car as he was on both the accelerator and the brake pedal. The FIA technical rules required that if this was to ever occur the car must have a fail-safe that cuts the engine power. The Marussia had an error in their software that prevented this from happening.
Why was he on both?

groomi

9,317 posts

243 months

Thursday 26th May 2016
quotequote all
IMHO there is a significant responsibility to be held by the FIA because they have repeatedly not enforced the yellow flag zones for many years, at all levels of the sport.

Bianchi should never have been going fast enough to have that accident, but that isn't just his fault. As a racing driver he had to keep up with everyone else or lose time. All the drivers went through too fast as they always do under yellow flags at all levels of the sport. This is something that the FIA have allowed to become acceptable over the years.

After the Bianchi crash they seem to have addressed this issue with the use of the virtual safety car.

budgie smuggler

5,374 posts

159 months

Thursday 26th May 2016
quotequote all
ralphrj said:
I've always thought that this was inevitable after the FIA report was published.

IIRC, Bianchi was unable to slow the car as he was on both the accelerator and the brake pedal. The FIA technical rules required that if this was to ever occur the car must have a fail-safe that cuts the engine power. The Marussia had an error in their software that prevented this from happening.
He was on worn inters on wet grass, how much slowing down was he going to do anyway?

ralphrj

3,523 posts

191 months

Thursday 26th May 2016
quotequote all
rhinochopig said:
Why was he on both?
Impossible to say for definite. It is possible that Bianchi knew what the technical rules said the car should do and stood on both pedals expecting the car to stop.

Vocal Minority

8,582 posts

152 months

Thursday 26th May 2016
quotequote all
I think the problem is mostly a cultural one.

I remember a lot of drivers saying that we have to go as quick as we can to keep up - the FIA should look after us.

I am afraid that, whilst I agree that the FIA should be considerably hotter on policing these things - those comments were the logic of a child/letigious American.

I think we can agree on one thing. Yellow flags are not there to be annoying. They are there to protect drivers from Hazards on the track and, more importantly, protect the volunteer marshalls from the racing cars. This is a good thing.

IMHO there needs to be a wholesale culture change and teams and drivers need to make the only ADULT choice, and agree to a code of behavior in yellow flag zones and makes sure that it is self policing. Before we get another marshal death or injury (I know they are few and far between, but do happen) or driver killed by the equipment.

Timbergiant

995 posts

130 months

Thursday 26th May 2016
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His ignoring the yellow flags was the biggest factor to his death I'd say, not entirely sure they can just forget that.

EnglishTony

2,552 posts

99 months

Thursday 26th May 2016
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If the PU is supposed to cut out when both the brake and the throttle are being used how is the driver going to left foot brake?

Back on topic:-

Henry Fiddleton

1,581 posts

177 months

Thursday 26th May 2016
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"Bianchi should never have been going fast enough to have that accident, but that isn't just his fault. As a racing driver he had to keep up with everyone else or lose time"

I don't get this point of view - and it is something I have heard time and time again.

The point of a yellow/waved yellow is that you, as a driver slow down to safe speed.

I am aware that racers are racers (I race myself), but if I bin it in a yellow zone, I am fully aware the stewards will come down on me for going too fast for the situation.

To this day, I still think it was Bianchi's fault for having the crash, and putting the marshals lives at risk.

Its a shame it has come to this, not good for racing and not good for Bianchi (RIP).

As drivers, under most circumstances, your lives are in your own hands. A genuine tech failure, yes, but thats the risk you take getting into the car.


Europa1

10,923 posts

188 months

Thursday 26th May 2016
quotequote all
Vaud said:
Waivers can be over ruled by a court. You can't sign away all liability, but only the court can decide.
Depends on which jurisdiction you are in/governs the contract. Under English law, you can't exclude liability for death or personal injury, so a waiver would be ineffective if there was negligence on the part of the defendant.

rscott

14,711 posts

191 months

Thursday 26th May 2016
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It would appear that his speed was a major factor in the accident itself, but there were also many errors by the F1 medical team too - lack of helicopter transport, etc.
If the lawsuit forces change in those areas, perhaps it'll achieve something good for the sport.

DanielSan

18,773 posts

167 months

Thursday 26th May 2016
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18 other cars went through there in the same conditions without crashing including his team mate. The one that went through the yellows too quickly and crashed hit the recovery vehicle.

How are the FIA or team responsible for what speed a driver chooses to do? Sorry but Jules was a major factor in his own crash.

Vaud

50,405 posts

155 months

Thursday 26th May 2016
quotequote all
DanielSan said:
18 other cars went through there in the same conditions without crashing including his team mate. The one that went through the yellows too quickly and crashed hit the recovery vehicle.

How are the FIA or team responsible for what speed a driver chooses to do? Sorry but Jules was a major factor in his own crash.
The FIA were responsible for driver safety and the rescue truck?

Sure, he may have contributed but that does not preclude that there may be other negligence that also contributed.

Henry Fiddleton

1,581 posts

177 months

Thursday 26th May 2016
quotequote all
Vaud said:
The FIA were responsible for driver safety and the rescue truck?

Sure, he may have contributed but that does not preclude that there may be other negligence that also contributed.
He was the one negligent unfortunately in my eyes.

If the marshal was not protected by the recovery truck, both him and the Sutil (I think?) would have been killed.

groomi

9,317 posts

243 months

Thursday 26th May 2016
quotequote all
DanielSan said:
18 other cars went through there in the same conditions without crashing including his team mate. The one that went through the yellows too quickly and crashed hit the recovery vehicle.

How are the FIA or team responsible for what speed a driver chooses to do? Sorry but Jules was a major factor in his own crash.
Historical, systematic negligence perhaps? For many years no driver got as much as a rap on the knuckles for going through a yellow flag sector time barely a tenth of a second slower than normal. No threat of punishment leads to the rule being ignored - such an accident was always going to happen, it was just extremely unfortunate for Jules that he hit the tractor rather than the barrier. But he could equally have hit a group of marshalls or another driver climbing from a stricken car.

williamp

19,247 posts

273 months

Thursday 26th May 2016
quotequote all
I remeber years ago hakkinen qualifying and with waved yellows he carried on at top speed, but raised his hand to acknowlegde the yellows. Didnt get a reprimand. I thinkt this was at monaco

Vocal Minority

8,582 posts

152 months

Thursday 26th May 2016
quotequote all
groomi said:
Historical, systematic negligence perhaps? For many years no driver got as much as a rap on the knuckles for going through a yellow flag sector time barely a tenth of a second slower than normal. No threat of punishment leads to the rule being ignored - such an accident was always going to happen, it was just extremely unfortunate for Jules that he hit the tractor rather than the barrier. But he could equally have hit a group of marshalls or another driver climbing from a stricken car.
In my opinion this has been a horrific reminder that just because no one stops them, they cannot advocate responsibility. It's like the defence 'it's legal' when something is morally iffy. The participants need to stop hiding behind what they have and haven't historically gotten away with a remember what yellow flags are for.

rdjohn

6,167 posts

195 months

Thursday 26th May 2016
quotequote all
groomi said:
IMHO there is a significant responsibility to be held by the FIA because they have repeatedly not enforced the yellow flag zones for many years, at all levels of the sport.

Bianchi should never have been going fast enough to have that accident, but that isn't just his fault. As a racing driver he had to keep up with everyone else or lose time. All the drivers went through too fast as they always do under yellow flags at all levels of the sport. This is something that the FIA have allowed to become acceptable over the years.

After the Bianchi crash they seem to have addressed this issue with the use of the virtual safety car.
I think you have shown the crux of their case. VSC should have been introduced at the time the standard McLaren ECU specification was prepared.

It is also reasonably foreseeable

1- that if a GP is held during the typhoon season it may result in unintended consequences

2- that if one car has lost control in such condition, then it becomes likely that a second one might, so the deployment of lifting equipment needs to be delayed until the zone has been made safer - by whatever means.

Charlie is an old man. Sure he therefore has lots of experience, but sometimes a fresh pair of eyes can see the current a new dangers better.

I would cite the Sainz car submarining under the Techpro barrier at Sochi last year as yet another example of a foreseeable risk that could have been easily mitigated by placing the barrier in a shallow trench.