So many thread about problems, how about some solutions?

OwenJakes
Posts
1694
Joined
6/30/2023
Location
sebree, KY US
12/23/2024 10:42pm
MxAddic wrote:

You can't fix stupid. It's a social problem.

We are seeing the world through the microcosm of MX. Just as the case with KTM.

JazzyJJ wrote:

Fair point. Maybe they need an IQ test at the gate along with the release form

I'm not sure we would have much of a sport left I'm afraid Tongue

4
12/24/2024 4:27am
JazzyJJ wrote:
There is inherent risk in everything that we do in life. The issue is track owners not policing/enforcing/caring about what goes on on their grounds and...

There is inherent risk in everything that we do in life. The issue is track owners not policing/enforcing/caring about what goes on on their grounds and doing a (sometimes) poor job of protecting themselves in the event that things go wrong. 

The insurance issues are simply a byproduct of the above. Insurances companies are there to asses risk and charge accordingly, it's when things get off the rails that they no longer want to participate as they have no mechanism to  accurately asses things. 

zehn wrote:
This is the elephant in the room, everyone wants to talk about these insurance companies being big bad meanies and nobody wants to talk about do...

This is the elephant in the room, everyone wants to talk about these insurance companies being big bad meanies and nobody wants to talk about do nothing track owners who let people constantly rip around the pits on quads, SxS, pit bikes etc. creating unsafe situations that the insurance companies predictably want to avoid.

The responsibility has to go both ways. Track owners and operators have a responsibility to create a relatively safe environment too. Every time I read one of these stories about another kid getting hurt in the pits I just shake my head 

What if riders pulled up bad behavior in the pits, just like in vital forums, ... oh wait that will never work.

5
MxAddic
Posts
5308
Joined
11/24/2022
Location
NY US
12/24/2024 6:05am Edited Date/Time 12/24/2024 6:11am
JazzyJJ wrote:

Fair point. Maybe they need an IQ test at the gate along with the release form

No, parents just need to take more responsibility for their kids so they intern do the same for theirs. Like domestic violence, the change starts when the cycle is broken.

Lucky for me the closest tracks do a decent job of addressing the nonsense. Things are still going to happen. It's all about risk management.

1
1
12/24/2024 7:05am

Generally tracks i ride in ks are pretty well managed with responsible riders if the stuff im reading as far as behavior management issues happened here I wouldn’t be surprised at tracks shutting down.  But clearly the few bad incidents are affecting the sport as a whole.

1

The Shop

lumpy790
Posts
11299
Joined
9/18/2007
Location
York, SC US
12/24/2024 8:12am

A LONG LINE of Ambulance chaser lawyers is the beginning of the problem. Even Health insurance companies are always looking for someone else to sue if you are in a “accident” on a motorcycle and go to the hospital. Hospitals start the lawsuits process when they ask who you were in the accident with. 

How about we defund the law schools?

4
OldTech
Posts
1224
Joined
1/13/2024
Location
Decatur , AL US
12/24/2024 9:05am
lumpy790 wrote:
A LONG LINE of Ambulance chaser lawyers is the beginning of the problem. Even Health insurance companies are always looking for someone else to sue if...

A LONG LINE of Ambulance chaser lawyers is the beginning of the problem. Even Health insurance companies are always looking for someone else to sue if you are in a “accident” on a motorcycle and go to the hospital. Hospitals start the lawsuits process when they ask who you were in the accident with. 

How about we defund the law schools?

I once was at a fine establishment in west Texas that had lovely companionship's that were full nude and more, but it was not a bar. Because customers brought their own drinks. I had drinks in dry counties in Arkansas and was served because it was not a bar, it was a private club that you had to be a member. Maybe Saul Goodman is exactly what is needed?

Spoonguy
Posts
3426
Joined
2/28/2022
Location
Mc Kean, PA US
12/24/2024 9:19am

Dirt bike riding needs a representative group besides the AMA. Every bike, part, riding gear, you buy, every race you attend has a corresponding fee that goes into a mutually beneficial pot for legal issues, land issues, etc.

1
lumpy790
Posts
11299
Joined
9/18/2007
Location
York, SC US
12/24/2024 9:24am
Spoonguy wrote:
Dirt bike riding needs a representative group besides the AMA. Every bike, part, riding gear, you buy, every race you attend has a corresponding fee that...

Dirt bike riding needs a representative group besides the AMA. Every bike, part, riding gear, you buy, every race you attend has a corresponding fee that goes into a mutually beneficial pot for legal issues, land issues, etc.

Thats called a state tax.

3
NATEP231
Posts
588
Joined
4/20/2012
Location
Waterloo, IA US
12/24/2024 9:37am
MOTO13 wrote:
I have some land in Iowa and was looking at opening up a members only as mentioned. Unfortunately, $5 per rider per day wouldn't even come...

I have some land in Iowa and was looking at opening up a members only as mentioned. Unfortunately, $5 per rider per day wouldn't even come close to break even. Then, you have the problems of people coming and going all day and early evenings...it becomes a real hassle security wise. I eventually just abandoned the idea. However, I find it absolutely astounding that people will invest $30,000 or more in moto every few years on new bikes, a truck, gear etc...but won't invest in a place to ride. Or, they bitch about the cost to ride at a track. 

Where at in Iowa? I’m in northeast Iowa would love to support if possible we’re always looking into a new spot.

captmoto
Posts
5812
Joined
4/22/2009
Location
Rancho Cucamonga, CA US
12/24/2024 10:59am
HonDawg17 wrote:
So your solution is to charge moto families, in an ever dying sport because of its high prices, more money??? You must like paying extra taxes...

So your solution is to charge moto families, in an ever dying sport because of its high prices, more money??? You must like paying extra taxes with no difference in the outcome...because throwing money at it will not fix anything.

Standard Vitard response, criticism, no help.

2
1
captmoto
Posts
5812
Joined
4/22/2009
Location
Rancho Cucamonga, CA US
12/24/2024 11:06am

Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the contract, then the track could counter sue? 

crt32
Posts
954
Joined
4/20/2015
Location
Oklahoma City, OK US
12/24/2024 11:21am
captmoto wrote:
Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the...

Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the contract, then the track could counter sue? 

Fear is insurance will drop you if you participate in "extreme sports"

2
FreshTopEnd
Posts
13058
Joined
8/16/2006
Location
Sacramento, CA US
12/24/2024 12:12pm Edited Date/Time 12/24/2024 1:46pm
captmoto wrote:
Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the...

Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the contract, then the track could counter sue? 

Medical insurance won't solve the problem entirely, but goes a long long way to help the injured person.   The insurance company is subrogated to step into the insured shoes and recoup if someone else potentially is at fault.  Every state has a general duty of care toward others that is the basis for claims.

More on the lawyer stuff at page 17 I think in this thread.  https://www.vitalmx.com/forums/moto-related/ktm-file-bankruptcy-self-restructuring-friday?page=17

Releases are more about defending a claim than preventing one from happening.  As someone noted, anyone can drop the dime to file a lawsuit regardless the merits.  Mentally ill people pretty frequently file stuff about the radio waves from celebrities and/or politicians making them upset.  Releases can really help if done well, which will include a release for simple negligence by the track owner or other riders.  But many releases aren't done well or the requirement for the release is not policed consistently.  And each state has its own policies about what can and cannot be waived.

4
12/24/2024 12:29pm
captmoto wrote:
Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the...

Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the contract, then the track could counter sue? 

Medical insurance won't solve the problem entirely, but goes a long long way to help the injured person.   The insurance company is subrogated to step...

Medical insurance won't solve the problem entirely, but goes a long long way to help the injured person.   The insurance company is subrogated to step into the insured shoes and recoup if someone else potentially is at fault.  Every state has a general duty of care toward others that is the basis for claims.

More on the lawyer stuff at page 17 I think in this thread.  https://www.vitalmx.com/forums/moto-related/ktm-file-bankruptcy-self-restructuring-friday?page=17

Releases are more about defending a claim than preventing one from happening.  As someone noted, anyone can drop the dime to file a lawsuit regardless the merits.  Mentally ill people pretty frequently file stuff about the radio waves from celebrities and/or politicians making them upset.  Releases can really help if done well, which will include a release for simple negligence by the track owner or other riders.  But many releases aren't done well or the requirement for the release is not policed consistently.  And each state has its own policies about what can and cannot be waived.

I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department of an insurance company review the release and then either help out or just say something to the effect of your not insurable with that release?

1
Forty
Posts
3037
Joined
7/27/2009
Location
Saint Paul, MN US
12/24/2024 12:42pm

For the sport to sustain, not even grow, it will take a collective effort from all involved/interested.  A lot of the $$ is going away from the sport as people like me (still active but older/65) spend dollars and time in other directions.  Vintage racing/MTB/Travel/grandkids etc. 

I race very little anymore, and I used to race every weekend/2 classes and practice 2 times a week.  That's a big swing in cash to the sport and I'm not the only one.

I'm sorry, I don't have a solution, I have a sad realization though.  

The next 5 years are critical.

3
Darrin Willis
Posts
1105
Joined
11/16/2020
Location
Red Deer County, AB CA
12/24/2024 12:43pm
captmoto wrote:
Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the...

Maybe a lawyer could comment. Making proof of medical insurance mandatory, make the release a contract and if someone lies about medical insurance they breached the contract, then the track could counter sue? 

Medical insurance won't solve the problem entirely, but goes a long long way to help the injured person.   The insurance company is subrogated to step...

Medical insurance won't solve the problem entirely, but goes a long long way to help the injured person.   The insurance company is subrogated to step into the insured shoes and recoup if someone else potentially is at fault.  Every state has a general duty of care toward others that is the basis for claims.

More on the lawyer stuff at page 17 I think in this thread.  https://www.vitalmx.com/forums/moto-related/ktm-file-bankruptcy-self-restructuring-friday?page=17

Releases are more about defending a claim than preventing one from happening.  As someone noted, anyone can drop the dime to file a lawsuit regardless the merits.  Mentally ill people pretty frequently file stuff about the radio waves from celebrities and/or politicians making them upset.  Releases can really help if done well, which will include a release for simple negligence by the track owner or other riders.  But many releases aren't done well or the requirement for the release is not policed consistently.  And each state has its own policies about what can and cannot be waived.

I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department...

I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department of an insurance company review the release and then either help out or just say something to the effect of your not insurable with that release?

Exactly.  OJ for the win.An iron clad release. Should be in all sports. How the hell do ski resorts manage? In Canada we have much less litigation over these things. Im  not sure why. Our laws must be set up that way. I never hear of doctors or tracks being sued. Of course we don't have 10 lawyers for every 50 citizens either. 

2
FreshTopEnd
Posts
13058
Joined
8/16/2006
Location
Sacramento, CA US
12/24/2024 1:10pm
I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department...

I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department of an insurance company review the release and then either help out or just say something to the effect of your not insurable with that release?

You'd have to ask the insurance company, but they aren't in the business of managing an operator's risks, just insuring against the risk hitting, and t's unlikely an insurance company is going to give a legal opinion on the effect of the release that someone would rely on.  It's hard enough to get them engaged on issues when their necks are not on the line.

A good broker may be more help, and a lawyer who knows a particular state's law to craft the most effective release possible covering as many contingencies as possible - inherent risks, negligence by the operator, negligence of others, and negligent efforts to care for someone injured, contractual right to attorney fees if the release is challenged but upheld.   The devil is in the details.  The key thing in a release is that it provides the right level of disclosure of specific and general risks, even if those seem obvious. If it goes to court anything ambiguous about what is covered will cut against the track operator, which is the general rule for interpreting all contracts drafted by one party and imposed on another (at least in California).

FreshTopEnd
Posts
13058
Joined
8/16/2006
Location
Sacramento, CA US
12/24/2024 1:22pm
Exactly.  OJ for the win.An iron clad release. Should be in all sports. How the hell do ski resorts manage? In Canada we have much less...

Exactly.  OJ for the win.An iron clad release. Should be in all sports. How the hell do ski resorts manage? In Canada we have much less litigation over these things. Im  not sure why. Our laws must be set up that way. I never hear of doctors or tracks being sued. Of course we don't have 10 lawyers for every 50 citizens either. 

It may be loser pays in Canada, and a lot of general tort liability is no fault, often through the government.  That's my understanding, but probably there are exceptions.   And health care is not as privatized as in the US, which means people are not hung out to dry so much as here.  But any person suffering a catastrophic injury anywhere is going to have a hard time, as Scottie would share if he still was with us.

There's not really a big difference between the per capita number of lawyers in Canada versus the US, but there may be far fewer personal injury lawyers chasing contingency fees in Canada.  PI practice is a small subset of lawyers overall, but way way overrepresented on billboards and bad news.  It's probably the most visible segment, but a pretty small part of the overall group.

No fault and loser pays would reduce a lot of the incentives in our system.  PI lawyers fight like hell to prevent that.

2
12/24/2024 2:03pm

This agency specializes in insuring high risk sports businesses and the owner Trevar is a skier and MTB rider.  He is based in Moab and I think could help on both ends of the spectrum, personal and track coverage.

https://outdoorindustryinsurance.com/about-us/

FreshTopEnd
Posts
13058
Joined
8/16/2006
Location
Sacramento, CA US
12/24/2024 2:07pm
This agency specializes in insuring high risk sports businesses and the owner Trevar is a skier and MTB rider.  He is based in Moab and I...

This agency specializes in insuring high risk sports businesses and the owner Trevar is a skier and MTB rider.  He is based in Moab and I think could help on both ends of the spectrum, personal and track coverage.

https://outdoorindustryinsurance.com/about-us/

Finding a good broker and sticking with them is really an under appreciated part of this, and they often will go to bat for the insured when the underwriters get glitchy.

12/24/2024 5:27pm
I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department...

I can understand how your average track owner may not be able to tell the quality of a liability release but why doesn’t the legal department of an insurance company review the release and then either help out or just say something to the effect of your not insurable with that release?

You'd have to ask the insurance company, but they aren't in the business of managing an operator's risks, just insuring against the risk hitting, and t's...

You'd have to ask the insurance company, but they aren't in the business of managing an operator's risks, just insuring against the risk hitting, and t's unlikely an insurance company is going to give a legal opinion on the effect of the release that someone would rely on.  It's hard enough to get them engaged on issues when their necks are not on the line.

A good broker may be more help, and a lawyer who knows a particular state's law to craft the most effective release possible covering as many contingencies as possible - inherent risks, negligence by the operator, negligence of others, and negligent efforts to care for someone injured, contractual right to attorney fees if the release is challenged but upheld.   The devil is in the details.  The key thing in a release is that it provides the right level of disclosure of specific and general risks, even if those seem obvious. If it goes to court anything ambiguous about what is covered will cut against the track operator, which is the general rule for interpreting all contracts drafted by one party and imposed on another (at least in California).

I get that but if the quality of the waiver is a major contributor to the amount of liability the track is exposed to, seems like this would be just as much a factor as anything when evaluating a potential client. 

Spoonguy
Posts
3426
Joined
2/28/2022
Location
Mc Kean, PA US
12/24/2024 5:53pm
Spoonguy wrote:
Dirt bike riding needs a representative group besides the AMA. Every bike, part, riding gear, you buy, every race you attend has a corresponding fee that...

Dirt bike riding needs a representative group besides the AMA. Every bike, part, riding gear, you buy, every race you attend has a corresponding fee that goes into a mutually beneficial pot for legal issues, land issues, etc.

lumpy790 wrote:

Thats called a state tax.

Oh gosh in that case it's a terrible idea. Fuck it.

1
friday10
Posts
636
Joined
12/15/2009
Location
Northridge, CA US
12/25/2024 6:32pm
JazzyJJ wrote:
It seems like every day we get another thread about a track having issues, or complaints about track owners not allowing Karens to drive around the...

It seems like every day we get another thread about a track having issues, or complaints about track owners not allowing Karens to drive around the pits in their turbo SxS's and such. These can be great to bring awareness to the issues, but we need to take the next step. Let's try to figure out how to help some of these situations. I'm also thinking that if track owners/riders actually care, we can get together and do what the AMA isn't and that's source some experts and find solutions. I'm thinking that a lawyer would be a good first stop here, find a PI attorney and see what would make tracks harder to sue. Next, find someone who works with counties/governmental agencies and see how we can position tracks to make them less likely to get shut down.

 

I'll kick it off with an idea: why don't we make tracks membership based? This would be a question for the potential lawyer above, but you can't sue yourself in most instances. If you're a member of the track organization, would that make potential litigation harder to render? Could have different tiers like $5 day memberships/passes and year long passes as well. 

This would also make it easier(maybe?) for tracks to sell things like punch cards/season passes. I don't see these offered often, and it seems like low hanging fruit in terms of raising a large chunk of money up front early in the season to cover the larger one time or front loaded costs that a track can have. 

What do you expect the AMA to do with tracks that have no association with them?

ACBraap
Posts
1167
Joined
2/10/2012
Location
Seattlish, WA US
Fantasy
12/25/2024 11:29pm
Forty wrote:
For the sport to sustain, not even grow, it will take a collective effort from all involved/interested.  A lot of the $$ is going away from...

For the sport to sustain, not even grow, it will take a collective effort from all involved/interested.  A lot of the $$ is going away from the sport as people like me (still active but older/65) spend dollars and time in other directions.  Vintage racing/MTB/Travel/grandkids etc. 

I race very little anymore, and I used to race every weekend/2 classes and practice 2 times a week.  That's a big swing in cash to the sport and I'm not the only one.

I'm sorry, I don't have a solution, I have a sad realization though.  

The next 5 years are critical.

And even if you solve all this, you still have problems with noise, dust, neighbors, urban encroachment, etc.  I think you can look to Europe to see the future of moto in the US, and even there, they have cheaper medical and fewer liability issues than we do.

Timo
Posts
1408
Joined
1/9/2021
Location
Wichita, KS US
12/26/2024 6:00am Edited Date/Time 12/28/2024 5:16pm
BLM land and a shovel is my solution.

BLM land and a shovel is my solution.IMG 20240911 185655276 BURST005~2 0IMG 20241109 195024~2 0IMG 20241109 195030.jpg?VersionId=2tVszhQcWr9Z..GykZf5WNRWDvIMG 20241110 104232249.jpg?VersionId=vptoRJq ZsbkZt

KurtJ99 wrote:
That is so cool. I remember taking the time in my teens on open land near my house to shovel for hours to make a jump...

That is so cool. I remember taking the time in my teens on open land near my house to shovel for hours to make a jump - then crash my brains out - then make the jump better. 

Yeah, I am addicted to building now.  Of course it's what I always wanted to do , though I had visions of taking the standard route...

Yeah, I am addicted to building now.  Of course it's what I always wanted to do , though I had visions of taking the standard route, club track etc.  This has worked out beyond my wildest imagination with zero cost and I have shoveled/ridden in probably a dozen tracks and even more kickers in the last 4 years.  The other positive, I haven't had to go the gym and my back is stronger than it ever was!

It's gonna suck for you if this public lands lawsuit goes through and gives all the BLM land to the states. All the rich rancher wannabees will buy it up and fence it off. A woman from Chicago and a car dealership owner from Denver were at a recent land auction in Central Kansas. They went into a bidding war and the dealer guy won, 2 million dollars for a section of not great land next to a river. Really discouraged my buddy who's trying to get more farm land, you can't compete with the Uber rich when they want something. 

1
12/26/2024 6:52am
HonDawg17 wrote:
So your solution is to charge moto families, in an ever dying sport because of its high prices, more money??? You must like paying extra taxes...

So your solution is to charge moto families, in an ever dying sport because of its high prices, more money??? You must like paying extra taxes with no difference in the outcome...because throwing money at it will not fix anything.

captmoto wrote:

Standard Vitard response, criticism, no help.

Well I'm pointing out the insanity that throwing money at a situation fixes anything. Guess what, You can't fix "global warming" by throwing money at it. Just like how you can't fix peoples terrible behavior by throwing money at tier memberships for tracks. You need to fix the peoples attitude.

2
12/26/2024 8:13am
MOTO13 wrote:
I have some land in Iowa and was looking at opening up a members only as mentioned. Unfortunately, $5 per rider per day wouldn't even come...

I have some land in Iowa and was looking at opening up a members only as mentioned. Unfortunately, $5 per rider per day wouldn't even come close to break even. Then, you have the problems of people coming and going all day and early evenings...it becomes a real hassle security wise. I eventually just abandoned the idea. However, I find it absolutely astounding that people will invest $30,000 or more in moto every few years on new bikes, a truck, gear etc...but won't invest in a place to ride. Or, they bitch about the cost to ride at a track. 

Oh yeah people on your land doing whatever they want ride where there not supposed to. Get a rifle out & sight a scope in.  A couple guys on our1st farm where shooting at a fox towards the house . They hit the ice 2 rounds went threw our bay window. Both rounds went  ovr my oldest sisters head in the living room.  Op attorney that’s aprox 500 an hr.  Membership our local track had that for yrs . Your supposed to do 10 work meetings . But the rich families always said my boy is soo fast . We own this buisness etc.  it was always the same people getting the track ready for a race .  Buying straw bails , borrowing a wagon ,  picking rocks, spreading a ton of wood chips into the track . Greatt Loam.  People don’t listen or follow the rules.  Just like this ovr booked grocery warehouse. If they listened at the gate , they might know the procedures here. 

4
JazzyJJ
Posts
1780
Joined
12/1/2020
Location
Nunya, WY US
12/27/2024 6:32am
KurtJ99 wrote:
That is so cool. I remember taking the time in my teens on open land near my house to shovel for hours to make a jump...

That is so cool. I remember taking the time in my teens on open land near my house to shovel for hours to make a jump - then crash my brains out - then make the jump better. 

Yeah, I am addicted to building now.  Of course it's what I always wanted to do , though I had visions of taking the standard route...

Yeah, I am addicted to building now.  Of course it's what I always wanted to do , though I had visions of taking the standard route, club track etc.  This has worked out beyond my wildest imagination with zero cost and I have shoveled/ridden in probably a dozen tracks and even more kickers in the last 4 years.  The other positive, I haven't had to go the gym and my back is stronger than it ever was!

Timo wrote:
It's gonna suck for you if this public lands lawsuit goes through and gives all the BLM land to the states. All the rich rancher wannabees...

It's gonna suck for you if this public lands lawsuit goes through and gives all the BLM land to the states. All the rich rancher wannabees will buy it up and fence it off. A woman from Chicago and a car dealership owner from Denver were at a recent land auction in Central Kansas. They went into a bidding war and the dealer guy won, 2 million dollars for a section of not great land next to a river. Really discouraged my buddy who's trying to get more farm land, you can't compete with the Uber rich when they want something. 

Tillable land values have gone wild post covid. I’ve seen some signs that they are coming down slightly, but trying to start or grow a farming operation right now seems near impossible.

Post a reply to: So many thread about problems, how about some solutions?

The Latest