The Landmark Case of Shakey Byrne

[@ryanmichael7795]

Ask gav to explain zebra crossings to boothy sometime

[@vincents8165]

Good one!

[@andrewpurkis1049]

😂

[@Farlig69]

🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣

[@holland107]

😂😂😂

[@Phillc748]

Haha very fair point

[@chequeredflagracing]

Point 22 in the court documents reads "However, the defendants do assert that Mr Byrne signed a form whereby he confirmed his willing acceptance of the risks" and " that he had walked the track before riding around it before and chose to use it - thus accepting the track’s features and physical layout; and, that he took part because he did not have any doubt about the safety of the venue."

[@classicraceruk1337]

They still lost….end of

[@medler2110]

That's only the defendants stating that in the signing of the form means you accept that the circuit is safe or as safe as can be. The judge has taken a different view. from what was said on the video, partly that Shaky Byrne's being a professional racer is contractually obliged to ride these circuits and that during his walking the circuit he isn't checking the safety, but I think what stuffed it for MSV is not only were there barriers that could make the corner safer, but they had them and had used them, but hadn't on this day.

[@noggintube]

Any signed disclaimer still doesn't invalidate the Duty of Care that the organisers must legally abide by. It's that Duty of Care that has been at fault.

[@Bikeadelic]

​@@medler2110 ooof that's not a good look for MSV

[@ZeeBri]

Legal Corner has to be one of my favourite things on this channel

[@NickyLong89]

Cheers Gav, first class as always 👌🏻 interesting that it doesn’t set precedence. I don’t think it will change too much personally. By the sounds of it MSV put the correct procedures in place, they just did it a month late!

[@PabloJackson-n6b]

A great video as ever, love your work Gav, please keep coming back. Keep it up 44 teeth, these WD session are a brilliant addition to your repertoire. Do track owners just need to assess corners and conclude yes no for air bags and have that validated through the HSE (?) or whoever.

[@davidjones3955]

In the 70s races refused to race at the TT and in F1 drivers boycotted races until safety was improved. So racers don't have to race.They do have their own thoughts and fears.

[@ncsteeltoe]

Look at the insurance situation in Ireland for their road races and that may indicate where the UK is headed with this.

[@jediknight1294]

Road racing has been fucked for years, it's the same with the TT and the NW200

[@missydee6085]

@@jediknight1294 The astronomical insurance hikes have certainly decimated the Irish roadracing calendar (with the NW having a big wobble in recent years): but the TT, MGP & Southern 100 are still going from strength to strength - thankfully. No prizes for guessing why that's the case!

[@Shinysideup]

I bet he won’t appear on Eurosport now at BSB. Johnathan Parmer won’t let him on to any MSV circuits.

[@neiltitmus9744]

There are signs up for the public saying racing is dangerous and you are a spectator at your own risk,i presume the racing on the other side of the fence isn't any safer than the spectators.a fiend of friend died there on a track day on the second bend

[@MrMandown46]

@@neiltitmus9744 On the flip side, are there fences up to help protect spectators from flying parts, can spectators sit wherever they want, is there medical staff on hand, and emergency plans in place for if things go wrong? Yes. Of course there is, because they have to reduce the risk as far as is practical. It's no different either side of the fence.

[@Ryan.T89]

@@neiltitmus9744the signs are more or less useless, as no disclaimer can remove your right to safety and to claim. It’s the same for the riders as well.

[@1664-bootneck]

I think you mean Palmer not Parmer….. 🙄

[@mikejj101]

Talk about dragging it out…….

[@jimh1021]

I hope the conclusion is equitable for all parities involved. I love these and appreciate you taking the time boring us to death. Having warmed over, I find this to be an interesting analysis of the legal aspects.

[@AndrewRockliff]

Excellent video, thanks guys and wishing you all a very Merry Christmas and Prosperous New Year.

[@johngoddard447]

Fantastic video, regardless of our personal opinions on the matter, great video and love listening to gav. Keep them coming.

[@Erelyes]

Thank you for this analysis, fantastic work guys. The biggest impact to me of the 'Fit for purpose' circuit argument is the IOMTT. There's simply no hazard mitigation strategy that works there. The second biggest is that circuit organisers won't understand the judgement, and will simply go "they got sued and lost so the same could happen to us". The other takeaway for me is that if Shakey wants to do the circuit racing community a favor, he will specify that any settlement figure is not 'private and confidential', because if it is then how can circuit organisers account for that risk?

[@MrMandown46]

The circuit organisors will 100% understand the judgement, they have too much money to make to pretend to not.

[@Throttle.Monkey]

Summary - MSV had an air fence barrier which should have been installed on the corner where he crashed. For some reason on the day he crashed they used a tyre barrier instead, which contributed to his injuries.

[@ukwes36]

What hasn’t been discussed it the likelihood of someone running into the corner fast. On most start finish straights there are not even tyres because competitors are unlikely to hit them, but in an extreme case a bike could career sideways from a puncture, malfunction or collision or even avoiding collision. Would be interesting to learn if that corner would normally have air fencing, that would be a different story.

[@ninja12lawbreaker]

Exactly, in the words of Goodfellas the mafia movie 'Feck You, pay me now'

[@MrMandown46]

@@ukwes36 IIRC it would normally. MSV didn't even try to argue they did the job right, they went all in on attacking him.

[@arranhandsracing19]

@@ukwes36 They removed the air fencing to take it to the NW200

[@davegaleuk]

A few decades before, Dave Potter was killed at Oulton because of inadequacies of run-off / barriers. From personal experience, a tyre wall is not adequate to protect a motorcycle racer. The passing of history might change the perspective on risk. It doesn't change the likelihood of serious injury or death. So, Gav confirms duty of care. Next legal test is causation: "but for" the defendant's negligence, the rider would not have suffered severe injuries. Next test: did the rider's actions contribute to the harm caused? To find for the defendant, you would have to prove that he did something not expected for a motorcycle racer. As Gav says, 'reasonably foreseeable'. Watch out for the possible appeal play card of a 'new' expert witness...

[@jbecker5760]

Even as a Yank I love these segments

[@thetonetosser]

Here's a bloke, who before he was a famous racer, used to do 'Fast Bike' road trip videos and pull 1000 metre wheelies as soon as they got off the cross channel ferry.

[@evelghostrider]

See this was my view... and I believe at the time of FB videos he did not even have a licence ... He accepted the danger of extreme road riding so his accident injuries he suffered while fairly serious, he did not loose his life as other have... To me this seems all about greed.

[@lukebyrne873]

And a burnout on the ferry. The thing is he wasn't flat out racing in what he thought was safe surroundings

[@pags1981]

Goon riding vs racing at a high level are night and day difference. Bikes were also way slower in late 90s.

[@badassbiker78]

​@@pags1981bikes "slower" in the 90's? grasping much? A 98 R1 would still hit. 165 mph and 100 in under 6 seconds

[@stevengregg2558]

I'm 99% sure I once watched a fast bike video where they started a wheelie before they'd even left the channel tunnel train ?

[@redchemicalsltd2324]

Did Wayne Rainey Sue For A Dangerous Gravel Trap? - Sometimes Fame & Wealth Can Melt Your Brain!...

[@zacharyradford5552]

He’s never really had one.

[@billb7876]

Sad to see, he knew the risks same as I did when I raced. The authorities are putting more and more restrictions on our lives but this sort of crap will give them ammunition. Lost all respect for him now.

[@redchemicalsltd2324]

@billb7876 100% in agreement with you...l raced National 600's when Shane started out...We all know the risks...He became very wealthy from the sport & then wants to destroy the option for anybody else... Selfish Prick.

[@Bikeadelic]

From what I have read, they had barriers that could have made that corner safer, they had used them before but chose not to on that day.

[@HollyBerryDOOG]

To say this one is tricky is an understatement. Is Shakey just interested in money or is he more interested in making circuits safer? I honestly don’t know but if Shakey really cared he wouldn’t just sue he would work with MSV to make tracks safer.

[@Penfold964]

Really interesting and well put explanation. I’m surprised that MSV didn’t go after PBM for having incorrect engine braking which first caused the crash. End of the day it was very bad of them not to have the full safety on the track that they would’ve had for a race weekend. Hopefully the end result will be safer tracks for all even if it comes at a small cost

[@davetalton6939]

That was exactly my thought, assuming that Al was correct, the route cause was bike set up by his own team…

[@yoorukhunt947]

They’ll certainly be safety, as there won’t be anyone on it.

[@Terraceview]

Shane Byrne always rubbed me the wrong way, now I know why.

[@PaulJackson-w6m]

Maybe it's his wife

[@adrianroberts4287]

@@PaulJackson-w6m😂

[@Richard-ws1hm]

@PaulJackson-w6m well most have rubbed up against her in some shape or form through the years. Allegedly

[@mickeymouse4897]

Cos you're a plank & jealous of his talent.

[@Terraceview]

@@mickeymouse4897 His talent in unquestionable I never said I doubted that.

[@mrflores7708]

This will definitely have a knock on effect, to say it won't or "let's wait and see" is naive. The insurers will have to pay out, the track owners premiums will be increased, the track owners will be forced to pass on some of the cost to the punters. RIP most British race tracks.

[@noggintube]

I doubt the tracks will close, but it will certainly affect bike track days. Due to the 'safer' aspect of car track days (as mentioned in the video), it could be certain tracks close the door to bikes and have cars only.

[@MI5imbeciles]

Gav saying 'Its not going to impact you or me..' Erm, yes it will do! The average Joe is going to see massive increases on track day insurance and the circuits also. Insurance companies pass on the cost.

[@Rouseracing]

The blame is misplaced though, if the track is negligent why would you blame Shakey for suing and not the track for being lazy or cheap..

[@MI5imbeciles]

@Rouseracing Where did I blame Shakey? Insurance companies pass on the cost to consumers with higher premiums...Tracks will be paying higher premiums, trackday insured riders will be paying higher premiums, all because the insurance has passed on the cost. So going back to my original comment regarding Gav saying it's not going to impact you or me, I'm afraid it will impact us and put a risk to road racing due to higher premiums...

[@Vtwin_Superbikes]

Pass on what cost? A pay off of a few hundred grand?

[@alexmunro3692]

Thanks for the impartiality guys, that’s what made it so interesting.

[@martinbrown4214]

Yes a air fence should have been in Place , but to say shakey can't work again as several others have said is a bit of a joke as he's on eurosport, probably making a decent living.

[@non-woodsmanuk]

Making the Insurance industry more nervous of bike racing will close tracks & end road racing for anyone but the wealthy.

[@Rouseracing]

Based on the negligence of the track, not Shakey suing.

[@dylanradford8696]

They won't close tracks, they'll just not allow motorbikes on them.

[@MrMandown46]

Or, tracks will double check their risk assessments, make sure the proper stuff is where it should be and we'll all carry on our lives with both insurers and MSV fucking punters over as normal.

[@Google_Does_Evil_Now]

Or they will actually put the air fence they already had, in place, where it should have been. Are these comments from a hired group because it's weird that so many want to see more riders hurt?

[@Google_Does_Evil_Now]

The insurance will get lower because there will be more safety in place. Did you think about that effect? How can you possibly think that if there's better safety then that means higher insurance? It will mean lower insurance.

[@rasmuspoulsen5320]

It's almost like motorcycle racing is dangerous. Maybe someone should tell him about the risks involved

[@MegaRyoNo]

Wasn't one of the key issues that the corner he crashed at usually has an air fence during a race weekend?

[@tgrules565]

Cant work again? Hes been hosting BSB and WorkdSBK every race weekend for years. Plus he's a rider coach/manager for several teams so the idea he can never work again is s complete bollocks. I hate this American attitude of just suing people when something doesn't go your way. He should have just accepted it as a risk of the sport and moved on.

[@MrMandown46]

That risk is part of a deal that the circuits do their bit to reduce it. Tracks and racing has got safer and safer ever since day 1 thanks to the organisers being forced in the courts to do so. Or do you want to go back to the days where spectators were routinely killed and you would lose several riders a year through collisions? It's just a risk of the sport right?

[@greg1867]

Leave America out of it. Things are the same all over.

[@philiptuffs-wh7jp]

100% can not work? . If a track was so unsafe the rides would get together to stop it , if it was there job or not . The world has changed next year bsb will have dash cams for legal claims .

[@MrMandown46]

@@philiptuffs-wh7jp Mental take. Nobody has said the track is so unsafe it can't be used. everyone has agreed the run off at Palmer's isn't enough, so they put air fence there and everyone gets on with it, that does the job. MSV didn't that time, and Shakey got hurt because they didn't do the job right. Ended his career and they are being held to account. Same as in any other business or sport. World has changed? Of course it has you clown, or else people would still be racing on cobbles with leather caps on and getting killed every week. Why on earth do you believe these rich companies should get away with letting people get hurt?

[@mattmid7012]

The irony is he's probably earning more now.

[@arielatomhc]

Has Shakey done anything else to raise awareness of track safety with all his racing experience?

[@zacharyradford5552]

No.

[@ukfalcon3605]

The main take away ive had is that they had air barriers on site and had used them on that corner. But they couldn't be bothered to set them up on that day.

[@robinhooduk8255]

wait he was a racer??? i just knew im from those "how to wheelie and impress people" vhs tapes. il never forget that yellow 996 on a standup wheelie over that french bridge, epic

[@martinthompson5255]

Nobody's won here have they really Shakey...personally the man boils my piss, AND if it was anyone else...like..lets say that fine lad Boothy...losing a leg maybe...racing?...get lawyered up bud theres money to be had apparently! Look at what the cost of public liability insurance has done to irish road and track racing over the last few years if anyones unsure of " knock on " effects regarding litigation

[@__Max-oe6zm]

The lawyers have had a nice win

[@mikey_bb]

Did you miss the bit where Gav said they decline more cases than they take on? 🤔

[@originalmianos]

As an outsider, there are two ways this can go, tracks will be inproved track fees and insurance will go up to the point at where way fewer racing or someone in the executive of the staff who run the tracks will look at the former and just close them and sell them for housing estates, like they did here in Australia.

[@russm5874]

This culture of suing after a racing accident boils my piss… everyone knows the risks when they sign on!!

[@PaulB-q3d]

If someone leaves a pole sticking out facing the track you’d soon change your tune. It’s was either safe/up to standard or it wasn’t and they should pay.

[@russm5874]

@@PaulB-q3d I’ve raced for 25 years and we all know the risks when we sign the disclaimer at signing on, I hit a post in 2010 that ended my season and was told “it was just one of those things” and it was…. I also had a career ending crash in Macau in 2015 after running over debit from a previous race, again one of those things!! We all know the risks…

[@Rouseracing]

It was their failure that found them liable. Seems like some peoples anger is misplaced. Be upset at the defendants for their negligence costing you more not whether or not you think he shouldnt have sued or that you wouldnt.

[@Simey2wheels]

negligence by MSV is their problem not Shakey's! Safety in all races is important, if an air fence is usually there, then it should be when racing or testing is underway. Simple

[@Rouseracing]

@darekm6859 If they had put the proper protections in place as had been mandated for their track licencing they would not have been found negligent... The same to your point, if he had caused injury to someone operating a vehicle in a dangerous manner and causing injury to someone he would be found liable.. should he not be??

[@MontgomeryPisswhistle]

The 'winnings' of Shakey won't directly affect ordinary people, no. Indirectly it will, through the insurance company puts prices up, the circuits then put their prices up, the track day organisers put their prices up and that does hit the individual riders. Businesses never lose money in this way, they always recoup costs somehow.

[@lonpfrb]

Track days are not races so are not insured the same. Irrelevant to track days.

[@Bikeadelic]

​@lonpfrb It's very relervant! You're still on a track going at speed. And track days have less in the eay of immediate response and the riders can be anyone no matter how silly or un skilled.

[@schan6762]

Will circuits have to now install air fencing for trackdays , as i dont believe it can be left out as a permanent safety feature like tyre walls

[@heymanmotorsports49]

Not saying Shakey is wrong or right. Here is another point of reference. In 2009 Mat Mladin rocked up to Heartland Park, spun some practice laps. Said some of the barriers were too close. Parked it for the weekend and hemoraged all points. Everyone has a choice.

[@pauloldfield6968]

This should not be put a gun to your head and pull the trigger Russian Roulette if the safety features of a track are ok for cars ect it does not mean it's safe for motorcycles they should be looked at individually on there own merit

[@chrisminter271]

I like Shakey but. Agree totally, you makes your choice !!!.

[@heymanmotorsports49]

@@pauloldfield6968 I completely agree. I mean hell Wayne Rainey is permanently paralysed because the gravel trap had grooves in it because thats how they manicured it for cars.

[@simond5208]

I have never been to Snetterton and am not familiar with the corner. I'm still not clear whether there had been an air fence at the point of impact in the past or was the first time one was installed after Shakey's crash.

[@lonpfrb]

Air fence was available and installed for race day but not for testing. Incompetence.

[@dannyhampshire2825]

He’s stabbing his own spot in the back

[@keithrobinson5752]

The only 'safe' track is one with no racing on it; there is no way to design a track that means no one gets injured. So if that becomes the expected standard, they are simply GONE.

[@MrMandown46]

Yep, but it's for the organisors to reduce the risk where it feasible to a reasonable level. They could, and should have reduced the risk at that corner, and could have done so, they didn't. They didn't even try to argue that they did, they just went all in on Shakey. Nobody is asking for a circuit that nobody can be hurt at.

[@zacharyradford5552]

Except they couldn’t without having higher prices.

[@MrMandown46]

@ They seem to have managed fine since his crash.

[@DSLtwo]

I've absolutely loved watching shakey's racing career over the years & was gutted when this accident occurred but to sue MSVR in this way for an expected big post career payout is a very cynical move & has somewhat changed my opinion of him.... I suspect MSVR would be in order to put in place a ban on his attendance at any of their circuits going forward affecting his post racing Eurosport TV career & I wouldn't blame them if they do so to be honest.

[@patwilliam543]

Eh, Jonathan Palmer is a prick and MSV have done an awful lot to make racing less accessible to participate in and attend. This will have basically zero impact, and if it does, old JP might just have to sell a helicopter or two. If he had sued a little circuit owned by a small time local businessman I'd understand, but he hasn't.

[@Franz_giblet]

Not really a cynical move when it’s a life changing injury, if there had been an air fence and he’d got injured then I doubt he would’ve claimed as the air fence is the best possible protection they can reasonably offer. I’m sure if you’d gotten seriously injured by a tyre wall knowing they had an air fence but didn’t use it you wouldn’t just shrug your shoulders and say "oh well"

[@Richard-ws1hm]

@DSLtwo he should never be allowed to commentate on racing again. I loved his career too but thats what happens when you get too money greedy. I wouldn't let him near a circuit again if I was msvr, never mind make more money commentating on my premises.

[@Google_Does_Evil_Now]

What is going on with these weird anti biker comments that want to see bikers seriously hurt and taking the side of lazy rich track owner who didn't put the air fence in place where it should have been? These comments are weird. Are they bought?

[@DSLtwo]

@@Google_Does_Evil_Now What a strange thing to say, there is nothing bought or anti biker about me having ridden bikes for 35 years & been a huge fan of motorsport during that time, including competing (all be it in cars) with a number of National championships to my name... What I would refer you & Shaky back to is that it clearly says Motorsport is dangerous on the back of the ticket & when we set foot on a track we know that getting out of there in one piece is not guaranteed as things can & do go wrong for any number of reasons. What cases like this do is make the future viability of the venues & as such the very existence of Motorsport / trackways etc in general be in great peril. I for one don't think that helps anyone other than the plaintiff in this case to add a chunk of money to his retirement pot leaving the circuits facing no doubt hugely increased premiums for years to come. They are not a charity so these increases can & will be clawed back by entry fees / ticket prices / track day costs, ultimately possibly leading to the loss of these venues forever... Clearly there are negligent cases, namely Toprak's terrifying impact with a not only ridiculously placed but more or less unprotected other than by tyres barrier in Magna Cours that so nearly ended the life / career of one of the greatest talents seen in the last few decades, that indeed should be pursued & the circuit made an example of as it was plain as the nose on your face that air fencing was absolutely necessary & it's absence was a travesty, so very nearly leading to a totally predicible outcome....

[@GuzziHeroV50]

I know how rough tyre barriers are for bikes, and so does my shattered right wrist (trackday in 2015, Island Bend at Oulton). Air fences are a godsend!

[@Hissing-Syd]

Shakey has bitten the hand that fed him for years.

[@roybatty2030]

Excellent presentation of the legal case, thanks.

[@tdrpete6857]

You only have to look across the pond in the Republic of Ireland where the national road racing scene is over due to excessive insurance costs making it unaffordable for local road racing clubs. Racing also stopped after covid for a year due to insurance costs. Circuit racing is also in doubt here for 2025 due to increased insurance costs. The clubs are looking to pass the costs on to the riders with increased licenece fees etc. Racing even at clubman level is already expensive with tyres, petrol running a van etc. You can see the grids are also depleted compared to say 10 years ago.

[@paulhepden2536]

How on earth would you be able to make somewhere like the ilse of man circuit safe? Similar thing happening in USA with motocross tracks being forced to close because of insurance premiums going through the roof after a lawsuit.

[@marcuslawler3196]

Thanks Gav a great breakdown I could understand.

[@arranhandsracing19]

We've all seen BSB races where they add protection to corners and dangerous places. This disappears for club meetings and trackdays. Why? This thing with Shakey is only a good thing for us track riders and racers

[@AlexK-sn9ss]

Because, it might cost £250 in entry fee per person. Those barriers are extremely expensive to fit and maintain. They assume people on trackdays won't ride as fast as BSB riders.

[@arranhandsracing19]

@@AlexK-sn9ss I’m sure I read that Shakey hit the barrier at 30mph. The damage it did is unreal. Of costs continue to go up more and more won’t bother. Circuits will have to reduce prices

[@Yamaprilia]

The cost of air fencing for trackdays would mean they would become too expensive for the average person. This would finish trackdays for good. As it is they are struggling with entries due to cost of living crisis. I think him winning this claim will change the future of trackdays and possibly even finish some circuits for good.

[@arranhandsracing19]

@@Yamaprilia Absolute rubbish

[@witchdoctor6502]

I don't know the accident or anything around, but from this video it looks to me that insurance companies will now pressure (trough fees) race tracks to employ air fences and similar options instead of tire walls. That looks to me like a win for everyone who will go on the track.

[@terryv83]

The ironic thing is, Shakey did lots of the fast bikes videos with no licence. Mad riding, huge risks, risking others lives too. He then has this accident on track then sues. Why didnt he spot the lack of air fence on his sighting lap and refuse to do more laps before he took the risk of riding. For me, him sueing, is bad taste.

[@MrMandown46]

"Why didnt he spot the lack of air fence on his sighting lap and refuse to do more laps before he took the risk of riding. " Because that's the job of the organiser.

[@terryv83]

​@MrMandown46 No, not totally. You are the rider, you have equal responsibility, you make a decision whether to decide to ride around the circuit quickly. If this was such a foreseen risk that the circuit organisers are totally negligent, it was so obvious that air fencing should have been there, a rider as experienced as Shakey, he would have easily have foreseen that exact risk. Pulled in and said "I'm not happy that's it's a tyre wall. I want air fencing" He didn't. Neither did MSV. They put a tyre wall there. There was some protection. Shakeys view, I'm not looking at the barriers or the run off, it's not my job. That says it all to me. He takes no responsibility for his own safety. It seems there was something wrong with the engine braking on his bike, that's why he high-sided in the first place why not sue whoever is negligent of setting his bike up wrong. Madness.

[@theant9821]

​​@@MrMandown46 its also my employers responsibility to make my workplace safe, but if i spot something dangerous its also my responsibility to report it. Shakey should have said something first, if he had i would agree with him, but having not mentioned it beforehand then he's 50% responsible, he didn't ride to the conditions around him. If he was unaware of the conditions then he's not in a fit state to go on circuit at all, a danger to himself and others. Its not as if there was oil on track or no yellow flags or something. David Jefferies was not to blame at all for his crash, but here Shakey is atleast partly to blame, as he was given the opportunity to make himself aware and chose not to.

[@terryv83]

To add to this, over the years professional riders have complained about circuit safety. That's why the isle of man was removed from the gp championship. The riders complained and protested. It seems like the judge has looked at this with tunnel vision. Not fully appreciating the concept of riding a bike fast on track. It's not black and white health and safety ruling. Its subjective based on risk and you don't always get it right. I really hope MSV appeal.

[@theroadsnearyou...5088]

Health & Safety at work act 1974 YOU are responsible for your own safety.

[@nickrider5220]

A lot of small minded comments. Snetterton is a pretty safe circuit, plenty of run off everywhere, but one risky area had the minimum level of protection, an airfence would've completely avoided the injuries suffered. Did Shane Byrne do anything wrong, no ! The fact an airfence was installed after the accident says it all.

[@Yamaprilia]

So you say his injuries would have been avoided if there was air fence, well you could argue his injuries could have been avoided if he chose swimming as a sport rather than motorcycle racing. He has always know the risks and it never was a problem before. You could also argue there is no air fence for trackdays. So is this irresponsible of MSV knowing that this type of accident is possible 🤷‍♂️. Its ridiculous, to think you can complain about getting hurt by having a freak accident like the one he had.

[@stubailey9433]

Money grabber. Wasn't going to watch this but read some of the comments and decided to.Great video.

[@TheGoldenPig.]

Will he be taking his mechanics to court for not setting up his bike well enough to avoid a loss of control?

[@Richard-ws1hm]

He ll be taking photographers to court next for a few quid cos there were no recticels around her airbags, and god knows how many have been parked in those tyre walls

[@Bunter1815]

Does anyone know whether Byrne was wearing an airbag vest at the time of the accident and whether it deployed?

[@philipmcdonald2]

How would they define what lack of run off! Is there a certain distance?

[@lonpfrb]

Yes FIA and FIM have specific requirements for approval

[@RufusCapstick]

Lack of run off is why Brands Hatch can't host MotoGP. It's calculated, amongst other things, from the amount of kinetic energy a bike produces. The difference between a WSB/BSB bike and a MotoGP bike is significant enough to prevent the latter from using the track.

[@spencersilsbury7318]

Can’t believe you have that pristine Nava lid behind you, I have the exact same behind me right now. My first ever, ‘85 I think, mine is very much more weathered. 😂😂😂

[@alanjones8810]

So he goes into a bend too fast.

[@RedRouge-j4j]

If the air fence was available and wasn't deployed, there is a moral case for culpability. And though Shakey isn't earning megabucks, he is working. And not risking his neck now, ironically. There is a precedent where Whistler (the painter) sued Ruskin (the critic) and won but got 6p compensation. The payout may not be as high as people think. I came across a person who won a compensation claim based on future ability, but could not publicly play his guitar for genuine fear of loosing the payout.

[@chequeredflagracing]

Point 5 from the court document. So he agreed to this by signing on. " issue of willing acceptance of risk / volenti is also said by the defendants to be affected by their assertion that the claimant had agreed to be bound by the terms of a ‘signing-on form’. The relevant words of the first defendant’s standard ‘signing-on’ form pleaded in the Amended Defence reads as follows: “MOTOR SPORT CAN BE DANGEROUS AND INVOLVE INJURY OR DEATH. You must read and agreed the following Declaration and paragraphs below which are designed to create a legally binding relationship in return for your being allowed to enter and compete: 1) I accept the competition in motorsport may involve the risk of injury or death and I agreed to take part at my own risk 3) I confirm that I understand the nature of the competition I am entering and I am competent to take part 5) I will satisfy myself (by sighting lap or otherwise) before taking part that the venue and track are acceptable to me with regard their features and physical layout 6) I will NOT take part if I have any doubt about my ability or safety including in relation to the safety of the venue and/or weather conditions.”

[@lonpfrb]

MSV having the air fence and failing to deploy it when racing speeds are foreseeable is negligence that only they are responsible for. Obviously, racing has different risk to a track day, which is why the insurance industry has different premiums for them. That's not going to change. Higher costs for race series promoters spread over thousands of spectators is unlikely to be significant. If more effective precautions safeguard racers, fans will enjoy longer support to their heros, which is good value. MSV has a monopoly on UK circuìts so while we appreciate their continued use, they cannot use that monopoly to avoid responsibility for duty of care..

[@andyreynolds6194]

Am I missing something, or is the sum of the case basically that the track failed to put out an air barrier when they were obliged to do so as part of the race series that they were contracted to put on, and a rider was injured as a result and now can’t earn (regardless of other revenue streams etc)? If so then it seems reasonable. Riders riding the course are not expected to be experts in track design or track safety- they’re experts in going fast. Track owners are expected to ensure their track is as safe as it can be, and they failed in that duty. I think people are seeing this as an attack of track days somewhat incorrectly, and if the case was that someone was suing someone for lowsiding across a track by over taking and taking them out then I’d admit you pay your money you take your choice. But this seems sensible litigation to me for it to ensure that tracks are made safer.

[@timgibson2540]

I would ask Shakes did they ever have air fences there before? If not how many times has he raced there & not complained about the at section of tyre wall?

[@patrickwestwood6749]

Doesn't really matter if there is no precedent set. Most people will not know or care and will take a chance based on this case. Just that will add costs to the businesses that provide track services. Add to that the costs required to make circuits safer as a result and prices are going to go up significantly.

[@myagoodbody7942]

There is a grey blur, and a green blur. I try to stay on the grey one. Mr Joey Dunlop

[@HedgeCCL]

If MSV have insurance, then their renewal may become unaffordable. If MSV can't get insurance, they'll close all their circuits to bikers. It's as straightforward as that. If they haven't got insurance, then I suspect they'll do the same. Even if they could afford to pay "millions" out to SB, they shall still find buying insurance a tad tricky - to the point where it becomes non cost-effective to do so, next to the revenue coming in. This is my take on it; I sincerely hope I'm wrong.

[@dmcasson]

Will be interesting to see if they manage to make the IoM TT course a safer place to race - as this judgement is likely to create a stronger case in the event of injury claims being pursued by injured riders. The number additional safety barriers to bring the TT course up to Snetterton safety standards could add quite a bit of cost to running events - and the racing could become potentially unviable from a cost perspective.

[@jediknight1294]

The TT is never going to be as safe as a short course. Road racing is a completely different animal. Different risks and everyone acknowledges that. Insurance, the riders and the racing bodies. It's why you'll NEVER see annother GP race on the Mountain. Dorma or the FIA will not and cannot sanction that and the teams won't do it. Same with WSB or BSB. Same reason the Ring won't ever be a GP track again. This isn't about track safety requirements so much as the fact MSV knew that corner required an air barrier but weren't using it that day.

[@dmcasson]

@jediknight1294 completely agree the TT is never going to be as safe as a short circuit, but thank goodness some of the top BSB riders still chose to race there. However, does this ruling mean that Snetterton is now considered an unsafe track in it's current format unless an airfence is used on that particular corner for all racing and track days?

[@evelghostrider]

The IOM has different laws to mainland UK... It is as safe as can be... the best way to make TT safer is don't race on it.. Riding a motorbike on the road is far more dangerous than racing at the TT. I've raced TT in the past and all other road circuits. My most gruesome injuries that were life changing happend on public roads by other road users.. not in racing.

[@jediknight1294]

@evelghostrider the TT is closed course road racing, it's not a track so there's different rules on what it has to do for safety. That combined with the fact that the Manx GP and the TT are run partly by the government of the IoM helps a LOT in protecting it

[@WestofScotland]

At the start of the video you say his engine braking contributed to the crash is there no mitigation there for MSV ? Also riders regularly refused to race at certain tracks IOM springs to mind, had PBM told him we are entering the TT this year he would have been able to refuse to do it. And as others point out to say he will never work again is a joke, he is on TV most weekends during the season. I mean its not like he is paralysed from the neck down is it. This was a test day so is it reasonable to have the same safety as a full on raceday. For example was a helicopter on standby for the whole day and going forward would every trackday now require a helicopter on circuit with no activity till it is. Including low cloud so no track activity as the helicopter is grounded.

[@ohnoyoyo]

a tricky one, and I'm honestly not sure how to feel about it! you can't sue for getting a black eye or bloody nose at a boxing club. but the detail of the air fence, not used that day, does make it more complicated.

[@_Makanko_]

Yeh, in that analogy, could you sue because you lost an eye due to hitting the boxing ring post of which the padding was not sufficient and outside of regulation? I don't think a career ending injury like spinal injury compares well with black eye or bloody nose hence I took it up a notch to straight out losing an eye. I think you should be able to sue if you incured unreasonably physical damage due to negligence in safety of the environment (of which they are responsible).

[@zacharyradford5552]

Except he’s not suing for tracks to tighten up on negligence but for himself.

[@dakkg651]

Unfortunately they don’t mention the fact that what it’s going to cost to settle will ultimately make its way down to the average track day riders like us, if safety gets improved then it’s not going to be for free, the money invested into safety will impact the riders on track, over the last 5 years all consumables have risen a lot, and now we potentially see another hike on the track day prices. I don’t blame shakey for what he’s doing, if any of us were in his shoes and were made aware we could take this to court and win, then I’m sure we would all do it to ensure our families are taken care of. I don’t think shakey should be held fully to blame for this, MSV use air fences on that corner on race weekends, so it should have been there during an official test day.

[@God-Knows-I-Dont]

How safe is safe?

[@motorcyclemedicine9007]

Love the legal videos. Interesting stuff

[@davidwright9139]

I had a very severe crash at Mallory park in the 90s . The rumble strips cut through my leathers at the elbow when i fell,causing laceration’s to my elbow and arms. The fact is that i ran wide and hit the rumble strip at the edge of Charlie’s flipping the bike and sending me rolling along the rumble strip ,all i thought was i was just going to run off . But no these strip where serrated concrete with sharp edges apparently so cars can bump off them and not motorbikes I was told later. Later while i was still in hospital my partner approached the management of mallory to ask why these strips were so severe . She was told this is a car racing circuit and not a bike one 😮. At the time I didn’t even think of legal action I just believed it was my fault and moved on that racing as they say.

[@yoorukhunt947]

Charlie’s?

[@davidwright9139]

@ note Charlie chicane was not there in and about 1993 so it would have all been Gerard’s ok

[@yoorukhunt947]

@@davidwright9139 eh?

[@davidwright9139]

Gerards was just on big bend in 1993 . Have a look at an old track layout from 1993 and that should quell your interest into proving me wrong. A was there at the time.

[@winningwithoutracing7811]

Years ago when I rode I had a very similar incident on if memory serves me correctly the Shendandoah Circuit at Summit Point in West Virginia. I saved a low side but there wasn't sufficient runoff to avoid a tire wall so I had to dump the bike anyway and thankfully all I got was a slightly chipped vertibrae and a shattered collar bone. It definitely gave me a bad taste every time some ass said something like "take it to the track" where things are supposedly safer. Every turn obviously can't have limitless runoff but its beyond idiotic how needlessly dangerous many tracks are with literal metal guardrails and other immovable obstacles.

[@zacharyradford5552]

Yeah trying to go fast is dangerous and not all track are set up for motorcycle racing even the ones that are can be dangerous themselves if not deadly.

[@fabiomirisola4414]

My local track circuit zolder sold 20% more tickets a month into sales then last year. But they lost 3 days on the calendar😢. Hope the sport gets help from government because we are go run out of spots real quick!

[@murraytrimmer228]

I've just read the comment. All quite valid. I do have a question though. Didn't Shaky do something wrong? Yes, he high sided and others didn't, so isn't it his fault?

[@trackdaylbs]

What is the story with that TL1000R at the start?

[@SX1000ninja]

What a bike 👌🏻

[@icyGrip666]

Im not english. From what they are saying here it seems like the racer got what he needed. As far on the other end, yes this will increase costs of racing. The tracks need insurance to operate and with a large payout this will increase the costs. I hope this work out for you guys.

[@dankorolyk5917]

Great perspective guys

[@tonykartracer8032]

Kinda always thought Shakey was a bit of a shady character. I mean, he kinda puts on this likeable persona but you sometimes question if he's actually being genuine or not. Don't know the guy personally so I can't say either way but I think when you come out suing an organization that has given you soo much on something that maybe isn't warranted, kinda reveals your character.

[@chrisgibbs1615]

Never met any person who is successful at what they do who does not have a side to them that people think makes them a bastard, winners in life are ruthless and don't get walked all over,if you think otherwise you've been living under a rock . Your happy to say one thing about shakey then cover your back by saying you don't even know him, your a spinless looser and I bet you have achieved nothing that's because you are so fucking perfect

[@robertmills794]

I wish I could find it,.. he did an old video on the road called "Barges" where he blasted around cars and his mate riding a Honda Super-Chicken crashed out trying to keep up with him. I am with the "ironic" people in that when he's hurt he files legal,.. that's not cool.

[@jamieholmes3182]

Just another Nail hammered into the coffin of motorcycle racing in the UK ! Please can somebody show me a race circuit that is 100% safe ? That is the reason why we go racing, the excitement, the buzz . Shane you knew these risks ! Your actions will be apparent in the near future but I’m sure they won’t be to the benefit of the great sport of motorcycle racing and the circuits that we all love and cherish! A sad day for all Racers and lovers of motorcycle racing.

[@MrMandown46]

Utter bollocks mate. Not a single person is saying we want all circuits 100% safe. MSV didn't do their job right, and he suffered as a direct result. You reduce the risks as far as is practical, and doing that means that racing 'gets' to continue, otherwise you end up in the old days with riders and spectators killed every week. Personally, I like my races without a sidesalad of uneccessary death and injury.

[@TheNazradin]

MotoGP has a lot of crashes , that has very very few life changing injuries or deaths. Gear, skill and having safe tracks goes a long way. And it is the closest, exciting and most intense racing imho.

[@brianbowers-x9q]

Really I don't know what your watching but for me moto gp is past it's best the Ducati cup and to many rider aids that make an average rider look good. Moto 2/3 by far more exciting let's ditch the rider aids and see great racers like Casey Stoner and not computer bikes with manikins on top

[@jamieholmes3182]

Nobody wants to see riders / racers injured with or without life changing injuries or god forbid a fatal accident . my point is , Racing 240 Bhp superbikes on circuits that were in some cases built in some rich dudes back garden or was originally used for grass track is totally impossible to make 100% Safe ! Watch Brad Rays lap around Cadwell ! Or a lap at Brands GP .Unbelievable skill but at any corner , well you figure it out ? As far as Moto gp injuries and fatalities , I’m pretty sure over recent years there have been more at world championship events than BSB meetings , just not the biggest names ,so they might have slipped your memory. But the suing of circuits / or companies that own or run races circuits will only lead to one thing ! Is Shane going to sue Thruxton for when he broke his back , after looping his SP1 over a rumble strip ? Or can riders sue other riders for causing an injury ? I feel Shane has opened something he will grow to regret! And so will lovers of the sport .

[@MrMandown46]

@@jamieholmes3182 But again, nobody is asking for tracks to be 100% safe. Nobody. All people want for for everyone to do their job right, and when someone is hurt because of someone else's failing they are held accountable. Is that not reasonable to you?

[@leeandrews3056]

Could the event organisers make it compulsory to wear air vests in the future like brake lever guards and back protectors are now rather than make the tracks safer at a huge expense to them

[@RTEATHEREDGE]

Will circuit owners mitigate the risk through better insurance, or installing better safety features?

[@christopherfaulks6594]

Possibly could become insurance issue where it becomes difficult to get cover for racing similar to Ireland?

[@gregsmith9470]

If u go out onto a track AS AN ADULT, even if that track is dangerous and its been explained that its dangerous and u still want to go out , then as an adult who is big enough to make his/her own decisions, then u have absolutely no claim to anything , consequences r something as an accident and as an informed adult u should bare , Shakey set his bike up , he's the one that dialed in to much engine brake , he entered that corner to fast for those settings, his fault , no one elses and if u ride a bike anywhere as an adult knowing the dangers and then something happens dont blame anyone but urself , living life to the full has risk but ill take that risk anytime as an adult. Stop wrapping us in cotton wool , it will make life and risk taking worthless .

[@lonpfrb]

In law you cannot give away, nor be forced to give away, all your rights, including the organisations duty of care, and responsibility to act competently. Even on a track day you can reasonably expect competent circuit direction, marshals and paramedic staff. Those are the services you have paid for, however adult you feel.

[@jonathanwilcox7318]

The number of comments stating that it says on the ticket and during the briefing that motorsport is dangerous so Shane should have known better is completely irrelevant. The point is, regardless of what that says, the circuit operator had a duty of care to mitigate risks to those taking part. And in this case they failed in that duty. If the end result is safer facilities then I don’t see that as a bad thing.

[@akaeric2]

Doubt Palmer is too worried.MSV ltd posted over £10m net profit year end 2023.Dividend payment of £5.2m.Any costs resulting from legal services,compensation etc will just be added to ticket prices,entry fees. However I dont agree with the courts decision,very different to say Steve Mercer incident.

[@Mtthwpez]

One question. Considering his Ducati at that time was the main reason why he had to "jump" off it to avoid more serious injuries, did he also sue his team and Ducati for providing an unsafe motorcycle?

[@stephenmiller3518]

Did nobody tell shakey that motorcycle racing is dangerous 😮 If he wins big will every BSB fan pay the price at the gate.

[@evelghostrider]

It never bothered him doing fast bike videos when he did not even have a licence... So legally he was not insured, so if he insured another party... they were stuffed as shakey could not compensate him... Karma will get him back.

[@Clubracer42]

Informative video lads. I don’t agree with the lawyer with his view on the knock on effects though. If it’s insured, which we can pretty safely say it is, we can’t say there’ll be no cost to us as a consumer. Next year when they renew that policy, the premium will rocket even if they change insurance companies. MSV have a monopoly on major circuits in UK so that increase to cost will be passed on to us as a consumer. If that increased cost results in less customers it becomes an unviable commercial operation to run track days meaning very few if any will run. So there will be a knock on effect to us.

[@lonpfrb]

You believe...

[@ashhughes9682]

Gav is a total legend and a TL1000r owner to, what a guy 👍

[@noworkdave]

Merry Christmas. Love these legal episodes!

[@colinjrob]

I’d like to think that all this results in safer tracks/track events. Did you see Toprak’s crash this year and thought that the barrier was in the wrong place and possibly of the wrong type?

[@toucheturtle3840]

I didn’t realise Shakey had been badly hurt. Racing is dangerous, those whom participate know the risks. You can end up in hospital as a spectator. The IOMTT is the perfect example of guys & gals doing what they love, knowing full well what the consequences might be. Some race tracks are safer than others, depending on run off areas. It’s the risk you take for the prize you’re after. It’s what makes racing exciting. Otherwise, it’s pointless.

[@jediknight1294]

Closed road course racing has a different risk level than short course, nobody argues that that's why the insurance is different, the riders acknowledge that as do spectators. The thing here isn't about track safety, it's about negligence. To be safe and approved MSV had an air barrier at that location. They KNEW a tyre wall wasn't sufficient there but they that day had a tyre wall. Thats a huge change that should have been communicated to riders, that the risk level had changed or shouldn't have been done at all if that air barrier was required for FIA approval.

[@toucheturtle3840]

@ I’m sure Shakey had ridden that circuit many times before with just a tyre wall. Maybe he should have retired before this unfortunate incident…

[@flatcapcaferacer]

I had a nice crash at the Bonneville Salt Flats in August 2023. Half the competitors left before the land speed racing started due to how wet and slippery the couse was. The owner of the bike I decided to go forward and I made two runs before crashing on the third run. My handshake agreement with the owner if I crashed the bike or blew up that was just racing and I had no responsibility for the bike and the owner had no responsibility for my injury or death. The organizers were concerned I would sue them but I knowingly took the additional risk and would not even think of making a case against the organization.

[@EamonDorrian-lo1ne]

Very well explained, thank you.

[@MichaelBlack-ud4bg]

23:17 Sure is. Its called the Miranda Rights or warning here in America. #2. 'You have the right to remain silent, anything you say can and will be used against you in the court of law.

[@newpuppy21]

Looks like he’s trying to bite the hand off that’s fed him all those years…

[@pauloshea9978]

Runs out of talent, tries to hold someone else liable, seems legit!

[@ChrisPlow]

There’s an inevitably that if the insurers pay out the premiums will increase for the track owners and that will be passed down to track day riders as you say it’s business and run by accountants. There should be maximum safety structures in place and I think Shakey was right to proceed with an action and the proof of that is the judges findings. Let’s hope all circuits ensure every safety aspect is correct and at its highest level. We know motorsport is dangerous but that shouldn’t allow circuit owners to cost/risk analysis and chose an option which doesn’t give every rider the chance to walk away from an off

[@derekb2765]

When a top boy like Sharkey is walking the track, he should absolutely be looking at safety features also 🤔

[@MrMandown46]

Why? That's not his job. As put into the evidence, do you expect him to be checking the medics kitbag, the helicopter pilots experience, that all the bulbs in the lights work? His job is to race, it's the organisors job to look after the track.

[@derekb2765]

​​@@MrMandown46Professional racers know the risks. If he's walking round to assess circuits, then he probably knows the strengths & weaknesses of every track he's raced. Then it's his decision, whether he chooses to ride that circuit or not. The MotoGp guys assess every circuit for safety, and when necessary, have insisted on changes being made prior to racing. I'm not saying Shakey is fully to blame, but believe there's some shared responsibility there.

[@stuffilike4498]

​@@derekb2765 I agree Derek, as a club single seater racer we absolutely had the ability to raise issues with our series organiser and changes were made to tracks 100%. If you see something you are not happy with, raise an issue whatever level you are.