WTF- Shakey jumps on the gravy train....

[Bustaspoke]

Not a good day for BSB / MSV & their insurer's,I hope they can afford the claims that will follow...

[Skub]

Shakey better be careful,or there'll be no racing for him to provide the commentary.

[Yorick]

Blimey, that opens a can of worms. I hit the tyre wall at Mallory, properly smashing myself up.

Every trackday or raceday you sign an indemnity form, which now seems worthless.

[Yorick]

Shakey better be careful,or there'll be no racing for him to provide the commentary.

Silverstone and Assen and Knockhill.

[Mr. Dazzle]

Every trackday or raceday you sign an indemnity form, which now seems worthless.

AIUI they were always pretty much worthless .

My understanding is that you can't sign away your duty of care to others, so you're still open for a neglect claim regardless of what any attendees sign.

https://direct2compensation.co.uk/faq/d ... f%20injury.

[Horse]

Every trackday or raceday you sign an indemnity form, which now seems worthless.

AIUI they were always pretty much worthless .

My understanding is that you can't sign away your duty of care to others, so you're still open for a neglect claim regardless of what any attendees sign.

Had a well-known (then) journalist watch one of my courses as part of an article.

He said "I've watched so many training courses - I could do it easily. Just have a disclaimer for trainees to sign".

To which that day's trainee, something in the 'legal' business, said that it wouldn't stand up in court if there was a claim.

Ironically, perhaps, the journo was running track training courses for the magazine soon after.

[Yorick]

In 2007 as an instructor I had a huge crash at Mallory.
I could have claimed but no bugger would ever have employed me again.

No regrets.

[westers151]

Was it a track day or an official BSB test?

[Horse]

Was it a track day or an official BSB test?

Might not make any difference.

If it was reasonably foreseeable that someone could hit it, and a better barrier could reduce injury, then the argument might be that it should have been installed.

[westers151]

Was it a track day or an official BSB test?

Might not make any difference.

If it was reasonably foreseeable that someone could hit it, and a better barrier could reduce injury, then the argument might be that it should have been installed.

I actually agree with you.

The point I was going to make, but wanted to check if it was an official BSB test, is that I have no sympathy for MSV if they put sub standard crash defences up for a BSB test when compared to what they do for an actual race.

I'd not considered it from the point of view of a track day, or a club race. We are no less important than a BSB rider, so we should have the same level of safety as a BSB race. However, are track day riders/club racers prepared to foot the big increase in cost to them in order to provide that level of safety?

[wull]

Was it a track day or an official BSB test?

Official test.

[westers151]

Was it a track day or an official BSB test?

Official test.

In which case I have zero sympathy for MSV/BSB. Why they should think the riders don't need the same level of circuit protection for a test day, compared to a race day, is beyond me.

[Scotsrich]

I think that was the basis of his case.

The barriers that were put up on the days of the BSB should have been there on an official testing day.

[Skub]

I think that was the basis of his case.

The barriers that were put up on the days of the BSB should have been there on an official testing day.

I didn't know that. It puts an entirely different light on the matter.

[Horse]

I think that was the basis of his case.

The barriers that were put up on the days of the BSB should have been there on an official testing day.

I didn't know that. It puts an entirely different light on the matter.

Since he was only doing 15ish mph on impact, how slow are these races?

Jests aside, is it reasonable for racers to expect more protection / track day riders less?

[westers151]

I think that was the basis of his case.

The barriers that were put up on the days of the BSB should have been there on an official testing day.

I didn't know that. It puts an entirely different light on the matter.

Since he was only doing 15ish mph on impact, how slow are these races?

Jests aside, is it reasonable for racers to expect more protection / track day riders less?

No, it's not.

However, how many track day people would be willing to pay the increased cost to have a full BSB protection level at their track day?

[Tomcat]

It's correct to say disclaimers are worthless - you can't sign away your duty of care. And there is a history of people suing for accidents they sustained on track. Peter Williams sued the JP Norton team when he crashed at Oulton after the seat came loose on his bike. I read a case where a team owner was sued because his rider clipped another guy who crashed, because the team rider hadn't been specifically told to take it easy.

In the end those of us who race or have raced should do it, in my view, in the knowledge that it's dangerous and we may be hurt. Whether at a BSB round, in practice or at a club race. What next, suing the organisers on the IoM for not lining the entire circuit with air fences? Insurance costs are already making racing horribly expensive. I have great sympathy for Shakey for his injury but IMHO it's very bad form to sue the circuit/organisers for what can never be ruled out as a potential consequence of the activity that he freely chose to undertake.

[weeksy]

My question is...

did he ride the track without the safety barriers there before ? If so, was it safe to ride then ? if it wasn't, then why did he ride it?

The answer of course is yes he did, dozens of times, probably hundreds upon hundreds of laps... maybe thousands... But for some reason that was ok ?

[Yorick]

Sheene sued Silverstone for £300k after his 1981 crash.
He proved that the marshal's flag was down as he came over the rise and had no warning about the crashed 125 lying on the track.

[KungFooBob]

Probably worth remembering that Shakey was at work, not riding for the fun of it like trackdayers and club racers.