More than 30 people were hurt after the horrific accident in a second-tier NASCAR series race the day before the Daytona 500. Chunks of debris, including a heavy tire, flew into the stands.
Matt Morgan, the Orlando-based lawyer for the fans, said at a news conference Tuesday than any suit would focus on the safety fence used along the track at Daytona International Speedway. He said he hopes to reach a settlement with NASCAR to avoid a lawsuit.
Morgan said two of his clients were seated directly in front of the crash and sustained injuries ranging from a fractured fibula to abdominal swelling. All have been released from the hospital.
Some experts say there could be grounds for a lawsuit, and that courts have looked past liability waivers written on the backs of sporting event tickets, while others say the ticket is a legal contract that could be hard to overcome in court.
"Ultimately, I believe it would be gross negligence," Morgan said. "We all know that when you go to a race you assume a certain amount of risk. But what people don't assume is that a race car will come flying into the stands... That's why they make the fences."
Daytona International Speedway is owned by International Speedway Corp., a NASCAR sister company. Spokesman Andrew Booth said, "As per company policy, we do not comment on pending litigation."
The Associated Press contributed to this report.