Something Has to Be Done Now Or The Sport is Finished

crt32
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950
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4/20/2015
Location
Oklahoma City, OK US

Rumors are another lawsuit might be closing down (hopefully a short term pause vs closing) a historic Texas track. Apparently the accident happened in some trails around the track, kid hit a ditch and broke both femurs. He wasn't even supposed to be riding in that area. 

My kid is currently growing up on this track and made so many friends and memories. How can tracks survive if all it takes is for someone to break the rules, sue, win, and track has to close affecting all the families and riders. This keeps happening. 

ICE vs Electric doesn't matter, there is no saving tracks if personal responsibility does not come into play and tracks are protected. AMA HAS TO DO SOMETHING or WAIVERS HAVE TO MEAN SOMETHING or LAWS NEED TO BE ALTERED to protect tracks who open up to serve riders. 

The sport is in jeopardy—if tracks close, bike manufacturers lose sales, aftermarket companies can't sell parts, gear companies suffer, sponsors pull back from supercross, pros lose contracts, and the cycle continues.

What do we do? How do we solve this. I don't care about how comfy Deegan looks, how long the Stark battery last, or which helmet to buy, no offense to those who do. What I care about is having a sport for my kid to continue to enjoy, so how do we as consumers and an industry step up and get something done? 

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12/3/2024 11:31am Edited Date/Time 12/3/2024 11:40am

You wont like one of the likely next steps that it will take to get insurance for tracks. "No one under the age of 18 will be allowed".If that becomes a mandate in the insurance industry then its all but over.  This is what happens when people feed on the sport they supposedly love and dirt bags in the industry like Rich Taylor who don't accept personal responsibility and sue the track instead . Not sure why he hasn't been black balled by the Motocross industry as what he did hurt everyone who rides and races but some still defend him which is total Bullshit. Ponca cant get insurance and could be gone soon as well as many others. I wonder when the sport is gone and mags like MXA and others that accept advertising from Taylor and dealers who sell his goggles will figure it out ,but by then it will be too late.

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OwenJakes
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sebree, KY US
12/3/2024 11:33am

I asked an ignorant question in another thread about this so here’s another one. 

How is it that these tracks get hammered so hard but trail systems and national forests are fine? I’ve never seen traps and people going the wrong way on a moto track…

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1
12/3/2024 11:33am

Out of curiosity. Which track are you referring to?

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OwenJakes
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sebree, KY US
12/3/2024 11:36am

We should start an organization to help with promoting and growing riding facilities, race series, and support for the everyday guy that keeps this industry going. 

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1

The Shop

soyMotero
Posts
274
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5/7/2023
Location
Cantabria , Cantabria ES
12/3/2024 11:39am

Make safer tracks: Less jump/bigger jumps, focus on the technical aspect of dirt bike racing (ruts, bumps, turning...) speeds will be lower and therefore safer, less accidents.

Also we have to reduce the sound of the bikes, in Europe this is the main cause of tracks closing down

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44
12/3/2024 11:41am

How do public schools have kids play football and not get sued when there is an injury? Or public parks ,I'm sure kids get  broken bones falling off stuff every so often. Or public skateparks/bmx pump tracks etc.   

Are there laws that protect schools for liability ? Or do all of the kids that get hurt , just have more self accountability than some of the people suing tracks?

 I do worry that liability and insurance will kill tracks no matter what bikes are ridden on them if something doesn't change.  

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1
ktmracer726
Posts
295
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11/23/2009
Location
Gagetown, MI US
12/3/2024 11:44am

We have quite a few club tracks in Michigan. I think that is the safest route for track and trail ownership. 

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twotwosix
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2221
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9/29/2016
Location
TN US
12/3/2024 11:44am
OwenJakes wrote:

We should start an organization to help with promoting and growing riding facilities, race series, and support for the everyday guy that keeps this industry going. 

We already have the anti motorcycle association. What more could we want?

12
mtbkris2
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1/17/2024
Location
San Diego, CA US
12/3/2024 11:48am

Slightly off topic, but does the fact that Pala (fox raceway) and Barona are located on tribal land play into their favor when it comes to lawsuits and insurance in any way?

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12/3/2024 11:56am
mtbkris2 wrote:
Slightly off topic, but does the fact that Pala (fox raceway) and Barona are located on tribal land play into their favor when it comes to...

Slightly off topic, but does the fact that Pala (fox raceway) and Barona are located on tribal land play into their favor when it comes to lawsuits and insurance in any way?

Likely yes, as the track operator leases the land and doesn't own it.  That is the best way, if you own land and want to have a moto track, need to form a non profit club and lease your land to a club that has no assets.

4
LungButter
Posts
8684
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1/9/2016
Location
Yellow Pine, ID US
12/3/2024 11:59am
OwenJakes wrote:

We should start an organization to help with promoting and growing riding facilities, race series, and support for the everyday guy that keeps this industry going. 

You would think the industry as a whole would be behind this and making it happen but they aren't.

I've got flamed here many times for suggesting that the industry should step up and help keep riding areas open.

FMF, Pro Circuit, Yosh, Dunlop, Maxima, Thor, Fly etc. etc. etc. gonna have a hell of time selling anything to keep the doors open if we run outta places to ride.

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Beagle
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Location
Toulouse FR
12/3/2024 12:04pm

I'm a fan of what Motorcycling Australia is doing down there:

"Motorcycle clubs which affiliate with a State Controlling Body automatically receive wide-ranging insurance coverage under Motorcycling Australia’s National Insurance Program, including a no-excess public liability policy.

Take the financial risk out of running a motorcycle club with insurance built by the sport, for the sport."

https://www.ma.org.au/insurance-built-by-the-sport-for-the-sport/

Or our own FFM that keeps buying tracks to avoid private or public owners closing them or selling them for more profitable activities. Local leagues or affiliated clubs are then entrusted with administrating the sites, the federation  launches training programs and increases track activity, and FFM lawyers deal with any issues with locals. Guess who owns Ernée?

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1
12/3/2024 12:04pm
How do public schools have kids play football and not get sued when there is an injury? Or public parks ,I'm sure kids get  broken bones...

How do public schools have kids play football and not get sued when there is an injury? Or public parks ,I'm sure kids get  broken bones falling off stuff every so often. Or public skateparks/bmx pump tracks etc.   

Are there laws that protect schools for liability ? Or do all of the kids that get hurt , just have more self accountability than some of the people suing tracks?

 I do worry that liability and insurance will kill tracks no matter what bikes are ridden on them if something doesn't change.  

Lawyers sue people with assets, to take those assets. The only time they sue the government is when civil liberties are broken.

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1
12/3/2024 12:06pm
OwenJakes wrote:

We should start an organization to help with promoting and growing riding facilities, race series, and support for the everyday guy that keeps this industry going. 

LungButter wrote:
You would think the industry as a whole would be behind this and making it happen but they aren't.I've got flamed here many times for suggesting...

You would think the industry as a whole would be behind this and making it happen but they aren't.

I've got flamed here many times for suggesting that the industry should step up and help keep riding areas open.

FMF, Pro Circuit, Yosh, Dunlop, Maxima, Thor, Fly etc. etc. etc. gonna have a hell of time selling anything to keep the doors open if we run outta places to ride.

To play devils advocate....then those companies may also be listed on the lawsuit. They go after anyone with assets that are somehow involved.

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12/3/2024 12:07pm

I think Wisconsin has a potential solution with the Recreational Immunity law.  

As I understand it a lot of the boat launches in Wisconsin are on resort property.  So the resort owners were getting sued every time something dumb happened at the boat launch.  Eventually the resorts and others came together to push for the law they have now which pretty much makes property owners immune to lawsuits when people are on their land for recrational activities.  

This same law applies to motocross tracks in the state as well. The local tracks still have riders sign waivers which helps protect them but really its the Recreational Immunity law that is keeping them protected. It also greatly reduces the insurance they need to carry and in turn the cost from insurance. 

At least thats how I understand it from some chats I have had with some track owners in the state of WI. 

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Johnny Ringo
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7974
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1/11/2016
Location
Tombstone, AZ US
12/3/2024 12:10pm
OwenJakes wrote:
I asked an ignorant question in another thread about this so here’s another one. How is it that these tracks get hammered so hard but trail systems...

I asked an ignorant question in another thread about this so here’s another one. 

How is it that these tracks get hammered so hard but trail systems and national forests are fine? I’ve never seen traps and people going the wrong way on a moto track…

It’s a bitch suing the feds and the state for anything. 

9
Darksidemx3
Posts
379
Joined
7/13/2017
Location
White Oak, TX US
12/3/2024 12:12pm

Out of curiosity. Which track are you referring to?

Village Creek

3
12/3/2024 12:14pm
WoodsRacer wrote:
I think Wisconsin has a potential solution with the Recreational Immunity law.  As I understand it a lot of the boat launches in Wisconsin are on...

I think Wisconsin has a potential solution with the Recreational Immunity law.  

As I understand it a lot of the boat launches in Wisconsin are on resort property.  So the resort owners were getting sued every time something dumb happened at the boat launch.  Eventually the resorts and others came together to push for the law they have now which pretty much makes property owners immune to lawsuits when people are on their land for recrational activities.  

This same law applies to motocross tracks in the state as well. The local tracks still have riders sign waivers which helps protect them but really its the Recreational Immunity law that is keeping them protected. It also greatly reduces the insurance they need to carry and in turn the cost from insurance. 

At least thats how I understand it from some chats I have had with some track owners in the state of WI. 

Thats interesting.

But will it pass? The lawyer lobby in this country has ridiculous power is what i have heard. 

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1
12/3/2024 12:15pm

Out of curiosity. Which track are you referring to?

Village Creek

Damn, That's a staple here in Dallas. Motocross is dangerous. If you can't handle the risk don't take the ride. 

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12/3/2024 12:19pm

Doesn’t help when you got matthess telling everyone it’s okay to sue a track and to have some compassion…

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3
SPYGUY
Posts
2160
Joined
8/15/2006
Location
US
12/3/2024 12:22pm
WoodsRacer wrote:
I think Wisconsin has a potential solution with the Recreational Immunity law.  As I understand it a lot of the boat launches in Wisconsin are on...

I think Wisconsin has a potential solution with the Recreational Immunity law.  

As I understand it a lot of the boat launches in Wisconsin are on resort property.  So the resort owners were getting sued every time something dumb happened at the boat launch.  Eventually the resorts and others came together to push for the law they have now which pretty much makes property owners immune to lawsuits when people are on their land for recrational activities.  

This same law applies to motocross tracks in the state as well. The local tracks still have riders sign waivers which helps protect them but really its the Recreational Immunity law that is keeping them protected. It also greatly reduces the insurance they need to carry and in turn the cost from insurance. 

At least thats how I understand it from some chats I have had with some track owners in the state of WI. 

I've seen other states that have something similar to this. Inexplicably, however, from what I've seen they often only offer the coverage when the recreational activity is provided for free. If a fee is placed on the user, the coverage does not apply.

1
12/3/2024 12:23pm

The solution is to train up and arm up to join the metal mulisha.  Brian deegan founded that company to defend motocross from the insurance companies.   It’s time to find out the address of the sueing lawyers and send them a nice letter to their house asking them to back off.

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15
12/3/2024 12:33pm
mtbkris2 wrote:
Slightly off topic, but does the fact that Pala (fox raceway) and Barona are located on tribal land play into their favor when it comes to...

Slightly off topic, but does the fact that Pala (fox raceway) and Barona are located on tribal land play into their favor when it comes to lawsuits and insurance in any way?

Likely yes, as the track operator leases the land and doesn't own it.  That is the best way, if you own land and want to have...

Likely yes, as the track operator leases the land and doesn't own it.  That is the best way, if you own land and want to have a moto track, need to form a non profit club and lease your land to a club that has no assets.

And then set up an off shore shell co. or two. Make it hard and expensive to find you and sue.

1
Nairb#70
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3611
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Location
Ivoryton, CT US
12/3/2024 12:52pm Edited Date/Time 12/3/2024 12:55pm

The problem lies with the worthless parents and the sumbag lawyers and judges who have only one goal in life. Add to that the most corrupt legal and court system that you're likely to find anywhere.

7
Mossy940
Posts
321
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10/20/2020
Location
La Quinta, CA US
12/3/2024 1:11pm

A couple years back I got slid into at homeplate during a mens league softball game.

Absolutely shattered my already fused left leg and ended up with an 8 day hospital stay and a leg that, if broken again, will be amputated.

 

Within 10 days I had calls from multiple injury lawyers stating that they heard the guy that slid into me was not a part of the roster, therefore didnt sign a waiver, and the privately owned park is liable.....meaning a big pay day for me.

 

I did not follow back up. Accidents happen. I should NOT have been crowding home plate.

 

The injury lawyers were straight up astonished that I said I was not suing, because it was a "lay-up" of a case and people dont say no to money when they have hospital bills to pay.

 

The whole thing just straight up sucks

56
MxAddic
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Location
NY US
12/3/2024 1:21pm
mulisha 1
1
9
Timo
Posts
1402
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Location
Wichita, KS US
12/3/2024 1:44pm

Doesn’t help when you got matthess telling everyone it’s okay to sue a track and to have some compassion…

He said he wouldn't judge people if they did. Everyone on here can talk big about not sueing a track, but when the medical bills start piling up it's hard to follow up on it. My kid broke his arm at a private zoo this summer on a fun but sketchy 3 story tall slide. I'm lucky enough to have good insurance and the zoo was never notified that it happened. I would like to think I'd never be one to sue, but I've also never had several hundred thousand dollars in medical bills piling up. 

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26
12/3/2024 2:13pm

There has to be a little more to this story, I mean this was not even on the track portion of the facility, I heard it was a ditch near the pit area that he was not supposed to be riding anyway.  The track's insurance should have protected them from that, just like any other business in America.  What I dont understand is why the track is being told to close?  If someone slips on isle 3 a Walmart and sues the company, the store is not told to close.  This tack has been around a long time, and I am sure its not their first lawsuit, so what is different about this one?  

1
1
dinger212
Posts
353
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1/21/2022
Location
Minneapolis, MN US
12/3/2024 2:14pm
Mossy940 wrote:
A couple years back I got slid into at homeplate during a mens league softball game.Absolutely shattered my already fused left leg and ended up with...

A couple years back I got slid into at homeplate during a mens league softball game.

Absolutely shattered my already fused left leg and ended up with an 8 day hospital stay and a leg that, if broken again, will be amputated.

 

Within 10 days I had calls from multiple injury lawyers stating that they heard the guy that slid into me was not a part of the roster, therefore didnt sign a waiver, and the privately owned park is liable.....meaning a big pay day for me.

 

I did not follow back up. Accidents happen. I should NOT have been crowding home plate.

 

The injury lawyers were straight up astonished that I said I was not suing, because it was a "lay-up" of a case and people dont say no to money when they have hospital bills to pay.

 

The whole thing just straight up sucks

This exactly. It’s part of our culture now in this country. 

Where has the integrity gone?

Appreciate you owning up to it & taking the high road. 

10
Tim507
Posts
3473
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Location
Oregon City, OR US
12/3/2024 2:27pm Edited Date/Time 12/3/2024 2:28pm

This might be as route to consider,if you have a equine facility or equine events and this is posted most cases are a non issue. It would take a grass route effort to make it law and then have it posted at motorcycle tracks and events.

 

Oregon Equine Liability OR - Wall Sign

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