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Yesterday I posted about a new county mx facility in the Daytona area and now Arkansas has a new law that will make it easier to get insurance for dirt bike racing.
Arkansas Passes Motorcycle Inherent Risk Legislation - Cycle News
This is a step in the right direction.
This is legit news and doubt the motocross journalist Steve mathes talks about it.
You go from defending Kooksey to bringing up Matthes every chance you get. Are you his fluffer? Steve does more for the sport than most do. Using this post to shit on Matthes is quite a delusional reach. Seek help.
Sarah Huckabee👍did the Ama have anything to do with it or are they just trying to take credit ? Definitely step in right direction…..unfortunately this will likely never happen in a blue run state.
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He struggled when a caller brought up some of trumps family out riding in Florida that’s good for the sport.
This is huge as well but since she’s a republican and close to trump he probably won’t report on it.
if he is a true journalist he would talk about this positive aspect for motocross.
Also never defended cooksey lol
You'd think we would have the power of the insurance industry behind this. Reality is that the insurance companies are suing the insurance companies and this limits that from occurring.
Who gives a flying fuck what someone's political views are. I'm right winged, I don't care what Steve's views are. Its not going to stop me from listening to his shows. Give it up dude
https://www.vitalmx.com/forums/moto-related/track-liability-arkansas-takes-right-steps
https://www.vitalmx.com/forums/moto-related/arkansas-legislation-re-road-motorcycling
https://www.vitalmx.com/forums/moto-related/did-we-do-one-yet-dirt-bike-liability-law-arkansas
I think some peoples, I know mine, opinion of Steve is that HE is vocal about HIS politics. He should stick to reporting and discussing motocross and leave his personal politics to private conversations. His distain for Trump and his comments of Eli killing people on an airplane because he would not get vaccinated have turned many people off. (Start the count down before this post is deleted.)
Hopefully we’ll see changes that reduce liability in all states that will make running a dirtbike track more feasible. This could be a good start.
Haha I don’t care what his views are but if he is going to be a professional journalist for the sport and act like he is the king of the media empire he should have no bias and report about everything.
He is the one that got all hot and bothered and has brought politics up on his show before trump he never talked about politics just saying.
I tune in every Monday and Thursday!
They don't care, it's such a small market that most carriers just don't want to deal with it which is what has put us in our current predicament with only one or two carriers taking on the risk. Insurance companies would rather spend their lobby dollars on bigger issues that impact the majority of their profit base.
Unfortunately these new inherent risk laws may be nothing more than window dressing, merely codifying prevailing common law in most states. Hopefully they make the insurance companies more comfortable, but I don't see how they will deter lawsuits in practice. Track owners are still liable for their own actions, and the only way to get a final ruling on track owner negligence vs. inherent risk is to go to court.
Damn! Now everyone will learn how beautiful Arkansas is. I was trying to keep it a secret 🤫
As a track owner I read the law and immediately felt the same way. This sounds great but it really changes nothing. In most states your waiver stands up to "negligence", however "gross negligence" can't be waived. What's the difference? That's up to a jury to decide in court. I really don't want to be a Debbie downer, and I'm glad to see people trying to do something. If you look at all the lawsuits people have posted about over the last several months, this law wouldn't have prevented any of them.
Topics like this one need all of the traction they can get.
Legislation like this needs to spread to across the country.
I am not an attorney, but as a former mx promoter that went through 2 lawsuits I have to agree with these guys on this one.
I don't see anything that is much more protective than the releases that participants have been signing for years.
I doubt it is going to offer much protection if a promoter does not train or use flaggers.
Probably the same if a twelve year old driving a razor runs you over in the pits.
Might offer some proection if a rider hits a kicker and crashes, but you are probably going to have to prove it is an inherent risk, and that standard industry practice is to not correct them.
It seems to me like the main things this might help is a private track owner letting some one ride and they got hurt.
Charging them to ride might minimize that protection.
I really dont see it helping races or organized practices.
For the sake of promoters and riders in Arkansas i hope i am wrong.
This is like complaining that Colin Cowherd doesn't talk about some new law involving youth football.
Pit Row
I don’t understand how tracks get sued so often but yet when people get injured in ball sports, there isn’t any gross negligence there?
Kid getting slam tackled in football.
Someone gets a baseball to the temple.
I feel like it sounds worse that someone went to a ball game and a baseball wacked them, or a kid playing football gets slammed into the ground.
But someone CHOOSES to ride THEIR dirtbike at YOUR track and ends up making a mistake and getting hurt, and it’s your fault?
But it’s not the football fields faults? Or the baseball field? Why aren’t they closing those down?
Youth sports injuries do lead to lawsuits sometimes. Just one example: https://sportslitigationalert.com/mother-and-her-football-playing-son-s…
Wasn't one of the issues in a recent high profile incident that the injured rider might not have even signed the waiver?
For me, I'd much rather have a law to fall back on that says that a landowner isn't responsible if someone crashes their dirt bike and gets hurt rather than just a waiver. Obviously sometimes mistakes happen, but track owners should do everything in their power to ensure that gross negligence is extremely uncommon.
From a Google search: "To define gross negligence, we have to take ordinary negligence and go a step further. It’s not just a mere lapse in judgment or oversight; it’s a severe and reckless disregard for the safety or lives of others. Gross negligence goes beyond carelessness to indicate a conscious and voluntary disregard for the need to exercise reasonable care.
To paint a clearer picture, consider a driver who runs a red light because they are momentarily distracted—this could be construed as ordinary negligence. But if that same driver knowingly speeds through multiple red lights in a dense pedestrian area just for the thrill of it, that behavior could be classified as the very definition of gross negligence."
Most states in Australia have this but it applies broadly to what are deemed “dangerous recreational activities”. In short if someone is injured in a recreational activity that has known and obvious risks then the organiser of the activity cannot be held liable.
Yes it is Very beautiful some of the state is hilly with creeks etc. I del liquid fertilizer tots to a farm in the boonies . When I got in his yard a huge bull was making real loud 5 min sounds it was soo crazy. . The farmer & his pal where cool with helping unld. His 7 yr old boy walked in the trl to help out. His hot wife & little girl& a baby came out to meet me . Ar. Is the only state doing a mandatory English test at scale houses. If u don’t know English u don’t leave. This is wayy ovr do. A illegal in Wi. cut a hard rt 40 degree angle with his truck so his trailer would run me into a ovr pass concrete wall . Half of his trailer was beside me . So yeah that was intentional. Then a line of trucks where going into the OPEN scale . And he runs it .
Just depends on the specific Bill. The Missouri legislation cited in the other thread holds the property owner liable for ordinary negligence, so in that regard it is weaker than a valid, enforceable waiver. The Arkansas bill doesn't expressly hold the property owner liable for ordinary negligence, but it does hold them liable if they "fail to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances." In a sport where the risk of serious bodily injury or death is high, that "degree of care" is elevated.
Again I'm happy to see the issue is being addressed, but none of this is going to deter a Plaintiff's lawyer and I'd be surprised if the insurance carriers change their policies based on these laws.
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