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  • In answer to your queries:

    Brett escapes most liability if he's rear ended, just like on the 405, IMHO.

    I don't know how to determine if it was more likely one way or the other, but 35-40 racers did pass the rockpile without incident.

    A hard lesson to learn, let's hope all take heed.
    In hindsight? I beg to disagree. Are you familiar with the legal doctrine of "last possible chance"?

    If you know it's dangerous, if you know that there's a reasonable probability that you could get someone hurt, and you do nothing to mitigate that risk, then you have nobody to blame but yourself.

    I put the majority of blame on the driver, 28 year old Brett Sloppy, for failing to adhere to the first rule of off road racing: know when to lift (your foot off the gas). The legal doctrine of "last possible chance" also points at him, since, despite the others' lapses, he could have prevented the crash.

    (Is the San Bernardino County Attorney up for reelection this year? I don't think charging Sloppy with 8 counts of vehicular manslaughter would be of benefit to society, but it might be good for a campaign.)

    But there IS plenty of comparative negligence to be shared by spectators, MDR and BLM.

    Like Ivan Stewart said on ABC: "It was inevitable."

    Thanks for your reply.
    You don't think MDR or Sloppy share in the responsibility? Didn't Sloppy have the last chance to avoid the incident?
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