Their attorney claims the fence was not sufficiently reinforced

Feb 27, 2013 08:18 GMT  ·  By

Some of the fans injured at Daytona International Speedway on Saturday night are suing NASCAR. While initial reports described that 28 people were injured during the Nationwide Series race, the toll rose to 33.

A vehicle crashed into the fence protecting the grandstands, sending debris flying in the crowd. Seven people remained hospitalized with severe injuries, and they have been visited by NASCAR representatives.

Drivers Tony Steward and Scott Lagasse, Jr. also checked in on the wounded fans. According to attorney Matt Morgan, some of them are not satisfied by the visits, and demand to be compensated for their ordeal.

Victim Eddie Huckaby's brother explains that they have not received any financial compensation at this point.

"No fan assumes the risk of a car flying in the stands and suffering a significant injury," Morgan tells WFTV.

He argues that the protective fence that Kyle Larson's race car broke through was not sufficiently reinforced, hinting that attending the show was dangerous for fans in the grandstands.

“What we have to investigate -- what was done and was there a safer fence that wasn't put in place because of monetary considerations?” Morgan asks.

After the race, NASCAR rebuilt the portion of the fence that was destroyed in the crash. Officials described that fans were protected and relevant protocols were observed.

“We had our safety protocols in place. Our security maintained a buffer that separates the fans from the fencing area. [...] If there are things that we can incorporate into the future, whether it's the current property now or any other redevelopment, we will,” Chitwood says.

“As with any of these incidents, we'll conduct a thorough review . We'll work closely with the tracks as we do for all our events. We'll learn what we can and see what we can apply in the future,” Racing Operations Vice President Steve O'Donnell added.