Go-Kart Racetrack Sued for Death of 9-year-old

In Douglas County, Colo., the parents of nine-year-old Taybor Lee Duncan have filed a wrongful death lawsuit against Grand Junction Motor Speedway, and others, for their alleged culpability in an accident that killed their child last summer, as reported by ABC 7 News for The Denver Channel.

Young Taybor was driving a practice lap around the go-kart racetrack when she ran into an ATV driven by the track's maintenance worker.  The ATV, pulling a trailer, was on the track to remove another vehicle that had been involved in another accident.

The lawsuit, filed by the child's parents, Jason and Tracy Duncan, contends that the ATV was "hidden" from Taybor's view behind bales of hay.   The blocked view made it "impossible" for her or "the oncoming kart racers at that point on the track …to see the maintenance/recovery vehicle before it entered the track."

Over 200 spectators, along with her parents, watched Taybor's accident unfold.  Her go-kart, the same weight as a small motorcycle, raced at a speed of approximately 50 mph before it came into contact with the ATV.

The impact with the "maintenance/recovery vehicle" caused her vehicle to "submarine under the ATV with enough force to flip it over."

Taybor was, at first, partially ejected up and toward the rear of the spinning kart.  Then she landed into the kart as it stopped.

The girl suffered from massive injuries before passing away at a nearby hospital.

The lawsuit is filed in Douglas County District Court.

The International Kart Federation, Colorado Junior Karting Club LLC, Grand Junction Motor Speedway, Talley, race employees and officials are all named in the lawsuit. 

The lawsuit explains the sport, with an "outstanding safety record" as, "Go-kart racing, or 'kart' racing, is one of the fastest-growing sports for kids in the United States and is promoted by the defendants as being a sport designed for 'the fun and enjoyment of the whole family,' with racing divisions for children as young as 5 years old."

Some of the safety failures named in the lawsuit are: Radio communication between race and track officials to guarantee "critical warnings", available flaggers "to provide necessary and critical warnings, and direct racers and other track personnel", warning "racers, including Taybor Duncan, of the extreme hazards facing them on the track", stopping "all racers, including Taybor Duncan, before allowing the maintenance/recovery vehicle to enter the track", and not having the required medical personnel and equipment at the track.

The policy of having drivers not wear seatbelts - Taybor wore none - is because, per Stacey Cook, a managing partner of the speedway, "A go-kart weighs about as much as a dirt bike, so they want you thrown away from the … cart" so it doesn't pin the driver."

Taybor had just come to the top of a hill on the track, and per officials, that may have contributed to her limited visibility.

If someone you love has been killed in an accident, filing a personal injury lawsuit can award you both monetary compensation, and, force changes in a business so that another person isn't killed in a similar scenario.  Contact a personal injury attorney today to discuss your case!