Track Day trauma involving a faulty wheel given the once-over by our legal eagle Andrew Prendergast of White Dalton Motorcycle Solicitors
Q. I have a very trick GSXR1000 that I bought new. However, I have never ridden on the road and purchased it with the sole purpose of turning it into a track bike. I duly did all the prep last winter by stripping all the lights off, etc., and then adding trick bits on which included a set of brand-new carbon fibre wheels purchased from a company in the southeast of England.
I need to stress that I do all my own bike prep and was a mechanic in a previous life. In other words, I am not a muppet and know what I am doing. I also took photos of the whole process.
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So, after spending a bucket-load of my hard-earned cash, I loaded up my bike for its first track day and got there early so it could be checked as being safe by the track officials. After the briefing and safety check, etc., was done, I headed out. About five laps in, I felt the rear wheel twitch and about five seconds later I heard a bang and then went airborne. And then I don’t remember anything else until the first aid crew were standing over me before I was whisked off to hospital with concussion, a broken collar bone and a broken finger (it could have been a lot worse).
It turns out the outer rim of the new rear carbon fibre wheel had broken free from the hub. Unbelievable! Now I know you take a risk when you head to a track day. However, my view is that the officials who did the safety check should have spotted there might have been a faulty rear wheel, and I am thinking of directing a claim at them for letting me on the track. Do you think I would be successful against them? I am a plumber by trade nowadays, so this is going to hit me hard, as I reckon I will be off work for around six to eight weeks. Not to mention my completely trashed bike. In short, I will be down thousands of pounds.
A. Broadly speaking, a motorbike track day safety check involves thorough inspection of the bike’s tyres, brakes, lights, fluid levels, etc., ensuring all components are in good working order and properly secured. Additionally, riders need to confirm the presence of essential safety gear like a full-face helmet, and appropriate riding kit.
Bearing in mind you were a mechanic, and you fitted the new wheels and saw no issues, I do not think the track official is in any way liable for not spotting that your new wheel may fall to bits. Instead, I think you need to be looking squarely at the company who sold you the wheel. If you can prove it was faulty when they sold it to you, and that it caused the accident, you will be able to bring a successful claim.
So, the next issue is proving it. Whatever you do, do not send the wheel back to the seller until you get liability sorted. The wheel is your key evidence. If the seller company does not admit liability, you will likely need to get a forensic engineering expert to examine the wheel and provide a report as to what has gone wrong in the manufacturing process (e.g. not enough glue to bond the layers together, etc.).
If the expert confirms the wheel was faulty when sold, you will win your case.
