NASCAR Drivers Cannot Cry Foul After Expressly Assuming Risk of Revived Bump-Drafting
On January 22, 2010, in the article "NASCAR attempting to energize sport," ESPN.com reported that NASCAR lifted restrictions on bump-drafting and increase horsepower in an effort to juice up the sport for the fans. The bump-drafting restriction was placed in 1989.
Basically, NASCAR drivers are now assuming the risk for any injuries resulting from bump-drafting and more ponies. Although the doctrine of assumption of risk varies from state to state, it basically says that where an injured person either expressly or impliedly assumes a risk in an activity, that person relieves the person who caused the injury from liability. This means NASCAR drivers who suffer accidents from bump-drafting cannot sue the drivers causing them. Of course, this is not a license to injure as bump-drafting does not equal crashing.
So NASCAR drivers will exchange higher accident risks for higher ratings and attendance. This will definitely spice up NASCAR in a gloomy economy. It will also lead NASCAR closer to becoming a "contact" sport, like football or boxing. Maybe one day after a race is over, drivers can take their gloves off and fight a la NHL.
