Shuttlesworth Law Firm LLC - May 2021

The Legacy of Dale Earnhardt

Known as “The Intimidator” to sportswriters who loved his rowdy personality and “Ironhead” to opponents who loathed racing against him, Dale Earnhardt Sr. forever changed racing in both his life and tragic death on Feb. 18, 2001, during the final lap of the Daytona 500. Today, Earnhardt’s legacy lives on through the racing triumphs of his descendants, like Dale Earnhardt Jr., and the safety protocols his death inspired. Earnhardt was born into a racing family in 1951 and made his NASCAR debut in 1975. He went on to win 34 races at the sport’s most popular track in Daytona, Florida, and record 76 career wins. Earnhardt’s style of racing was unparalleled, and most fans will never forget the 2000 race at Talladega Superspeedway where he barreled from 18th into first place over the final six laps. On that fateful day in 2001, Earnhardt was racing toward the finish line on the final lap — a first-place finish in his sights — when he collided with three other vehicles, rammed into the concrete barrier, and slid to a stop in the infield. Earnhardt was pronounced dead at the hospital that evening, the result of a skull fracture that happened within 80 milliseconds of the initial impact. Almost immediately, NASCAR made sweeping changes to the sport, including requiring drivers to wear a head and neck support (HANS) device along with their helmet to stabilize the body in an accident. It was a device that Earnhardt refused to wear due to its restraint and one that potentially could have saved his life had he been wearing it. The organization also instituted improved outer barriers and seat belts. (It was previously believed that a seat belt malfunction led to Earnhardt’s death.) Along with those improvements, NASCAR continues to update its safety measures. According to ESPN, the sport has also required drivers to wear full-face helmets, and vehicles are now outfitted with shock-absorbing foam to protect drivers’ bodies from the energy produced in an accident. The work NASCAR did to improve driver safety was on full display at the 2020 Daytona 500, when racer Ryan Newman’s vehicle hit the wall, flipped upside down, and was then propelled into the air before landing in the infield. The accident was horrific, and Newman had to seek treatment at a nearby hospital — but he lived. “Those people,” Newman said to ESPN about those who made safety regulations a standard in the sport, “collectively saved my life.” CONTINUES WITH SAFETY IMPROVEMENTS IN RACING

There are plenty of reasons you might suddenly decide not to file a personal injury lawsuit and claim compensation for injuries from an accident. Many of those reasons might be legitimate, but you should never give up on a personal injury lawsuit because you’re “not the kind of person that would sue someone.” In our culture, there’s a sort of aversion to suing someone, even if it’s to collect damages for an accident the party you’re suing caused. You might think suing someone is equal to taking money out of their pockets and putting it in your own. However, this isn’t true. In fact, the only parties that benefit from this point of view are the insurance companies. When you file a lawsuit against someone, you’re not actually suing them directly — you’re suing their insurance company. The insurance company is the actual source of the settlement, not the person who caused your injuries. So, while suing someone might conjure up images of you effectively stealing their house and their life savings, in reality, 99% of the time, the at-fault party won’t lose a dime out of their pocket. As an example, whenever you see headlines like “Wife sues husband for injuries in car accident,” or “Brother sues sister for dog bite,” look a little deeper into the story. While it might seem like a scummy thing to do, suing a family member, it could be that the husband and wife, or the brother and sister have different insurance providers, and filing a lawsuit is their way of getting compensated for their injuries by the at-fault party’s provider — all without the at-fault person losing any money. In fact, in many of those cases, both parties are supportive of the lawsuit! So, if you ever find yourself in an accident, don’t shy away from filing a lawsuit just because you don’t want to “take all of someone’s money.” All you’ll be doing is waiving your right to receive compensation for your injuries and letting the insurance company continue to hoard your compensation in their coffers. If you need help getting started on filing a lawsuit, call Shuttlesworth Law Firm today at (205) 322-1411. Don’t Let the Aversion to Suing Someone Keep You From Exercising Your Right to Compensation

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