A pair of attorneys representing a NASCAR fan who was seriously injured by debris during the Xfinity Series race at Daytona in February 2013 have filed a federal lawsuit against NASCAR, Daytona track owner International Speedway Corp, and the Speedway itself.

More than 30 spectators were hurt when Kyle Larson’s car was launched through the fencing along the front stretch, (ABOVE). Allen Davis, who was sitting in an upper level of the stand, was struck in the head by debris and suffered a fractured skull and denting to his brain. He was 37 at the time of the accident.

According to his attorneys, Daniel Iracki and Patrick Douglas, the former commercial truck driver’s injuries are permanently life-altering, and will prevent him from returning to work. The Daytona Beach News-Journal also reports that Davis has lost custody of his two young children as he is no longer able to care for them.

Iracki and Douglas have filed a 46-page complaint in the U.S. District Court in Orlando alleging negligence by NASCAR, ISC and Daytona International Speedway, and recklessness and intentional misconduct by the track and NASCAR.

The lawsuit alleges that the Speedway knowingly weakened its fencing by cutting into them to install gates that allow fans who buy premium tickets to cross the track between the infield and the stands before the race.

It also argues that NASCAR has not done enough to protect fans from danger, and should have made changes to reduce the potential for pack racing. According to the News-Journal, Iracki and Douglas intend to depose NASCAR drivers including Jeff Gordon and Ryan Newman, both of whom have been expressed concerns about restrictor plate racing at Daytona in the past.

The case will also compel NASCAR and ISC to hand over previously unavailable track safety reports and analyses from NASCAR’s R&D center in North Carolina.

The crossover gates were reinforced after Larson’s crash, and appeared to offer improved protection when they were tested once again by Austin Dillon’s car flying into the fence earlier this year. On that occasion there were 13 reported injuries, however the injuries were less severe than in the earlier accident.

The lawsuit seeks a jury trial and compensation.