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

[@tommytee8387]

From a guy that started out in magazines riding motorcycles like an idiot on public roads without any regard whatsoever for safety.

[@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.

[@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...

[@ZeeBri]

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

[@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?

[@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.

[@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.

[@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.

[@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.

[@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 ?

[@ticthedog6095]

I broke my neck and femur in a freak racing accident, I was just happy to be able to walk again, never once did I think about suing the event organisers. How will this ruling effect events such as the NW200, TT and others roads events?

[@jediknight1294]

It won't, the 200 and the TT is such a different animal. It's why the mountain isn't on the GP circuit anymore. Short course and road racing are completely different animals with a different risk level. This isn't a case about track safety it's about tracks using the safety precautions that got the track approved.

[@geoffwatches]

I know, what a load of absolute shite.

[@ninja12lawbreaker]

I suspect those events must already be un insurable

[@jediknight1294]

@ninja12lawbreaker road racing events aren't that hard to insure the issue in Ireland is the government side the cost of closing roads and that side of it. The gov hate the sport and have made it very hard to get spectator insurance, facilities like. Food vendors and toilets and the permitting costs being brutal plus hard to make money out of spectators

[@iamtherealzombie]

And did you lose your livelihood because of it? He was a professional, and in a way, the race organizers were his employers. There's a duty for care that goes beyond track days for pros, IMO.

[@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.

[@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.

[@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.

[@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!

[@redchemicalsltd2324]

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

[@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!

[@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

[@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....

[@arielatomhc]

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

[@rasmuspoulsen5320]

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

[@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??

[@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.

[@Terraceview]

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

[@PaulJackson-w6m]

Maybe it's his wife

[@adrianroberts4287]

@@PaulJackson-w6m😂

[@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.”

[@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? 🤔

[@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.

[@jbecker5760]

Even as a Yank I love these segments

[@44notpol]

So £50 added to every track day to give a millionaire another million. Find this a bit sickening

[@Sexyoldgeraldorivera]

It doesn't set a precident. Gav literally said that. Trackdays will continue to be as overpriced as we're used to.

[@Rouseracing]

Giving millionaires that money to cover their negligence they got caught out on.

[@Rouseracing]

@@darekm6859 are you holding me accountable for being lazy? Irony 🤣

[@Rouseracing]

@darekm6859 the irony that you're of the opinion the circuit shouldn't be held liable for their laziness

[@evelghostrider]

You obviously have zero clue as to how a business works or runs then buddy! You work to earn money, so if you do overtime your infact being just as greedy as the people you claim are bad.... I ran a successful car and bike custom garage for over 40 years. I made alot of money. I made money of people because I offered a service better than others and with great overheads and unforseen costs... If I made a mistake and it killed a person, that would have cost me all the money I made and would have lost that business.. You are just not thinking outside what you understand buddy.. you need to educate yourself better to understand why a business makes money and the unforseen costs a business has to deal with...

[@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.

[@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.

[@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.

[@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?

[@stubailey9433]

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

[@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

[@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.

[@johngoddard447]

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

[@grahamx8623]

It's no different to being asked to do a job off a scaffold tower and the boss saying you can't use the guard rails. You fall off through his neglect and he (or his insurance) pays you because you can't do your job any more. If MSV had assessed the risk, got off their arses and put the air fence up it would have been a totally different outcome. The result of this should be organisers doing everything they reasonably can to reduce risk and their insurance companies holding them to it. Like most bikers I really hate the nanny state but if you pay for a track day or you provide race organisers with income by turning up to race you are owed the best protection that can be reasonably provided. MSV didn't do that.

[@AndrewRockliff]

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

[@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."

[@mctat]

MSV and it's safety management team have failed to adequately risk assess its operations and activities and must therefore be held accountable. If MSV were able to demonstrate they took all reasonable and practicable steps to reduce the risk they might not have lost this case. Like any other business MSVs primary objective is to make a profit for its share holders and the two main ways of achieving this are by increasing revenue or reducing operating cost. When evaluating what track safety improvements could be implemented consider this, MSV group profits for the last two years have been around £15m per year! Think about it this way, if your employer failed to ensure a safe working environment at your place of work and you sustained a major injury would you engage the services of a no win no fee solicitor to fight your case!

[@craigmiddleton5935]

The difference here between people on track days and a professional racer is that he was employed to do a job. If you are at work and sustain an injury whilst doing the work that you are paid for and your employer is liable/at fault and you can no longer earn a living in that field then you would be entitled to compensation. Regardless of you then having to retrain,you might not then be able to earn the same amount because of this accident. This is where life changing injuries come in to it.

[@alexmunro3692]

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

[@Hypersonik]

There has already been a lot of bullshit being talked about that such accidents will raise the price of trackdays etc. It won't. What happened here was a failure of the circuit to provide expected safety measure. EXPECTED. When you go to McDonalds and order a Big Mac, you expect it to taste like a Big Mac. If it tasted like a fillet o fish, you'd want your money back. If you turn on the cold tap, you don't expect hot water. When you sign your trackday declaration, it is to say that you understand the safety equipment in place and that any thing that happens is on you, PROVIDING that the circuit/TDO kept up their part of the bargain of offering appropriate safety facilities. IT IS NOT A LIABILITY WAIVER!!!! If you are acting like a prick on track and you force someone off - you are 100% liable for that behaviour. Imagine someone started riding the wrong way around the track...knock for knock? Of course not! For example - if a rider went down and the circuit didn't put out yellow flags, I would happily bring a case against them as they would have failed in their duty to provide safe notice of an incident. And this is how the courts saw the Shakey incident. Air barriers are to be provided for BSB events. This was a BSB event. There wasn't an air barrier. Case closed.

[@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.

[@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.

[@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.

[@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 .

[@davidjones3955]

All big boys, at your own risk! Pro racer who owes everything he has to a sport which this could now curtail. Also add he was a real risk taker on the road when working with Fastbike, had no or little respect for other road users safety.But expects others to bail him out when he ran out of luck which he's been pushing his whole career.

[@jediknight1294]

The track has a responsibility to deliver the safety precautions required. There was an air barrier there for a reason in the track design. The fact that wasn't there and had been replaced by a tyre wall and that air barrier would have resulted in significantly less injuries means that MSV were aware that a tyre wall wasn't sufficient. This is how track safety improves, every safety improvement is paid for in blood. Sienna's death fixed one of the most dangerous tracks in Europe. Kato's death fixed the most dangerous part of Suzuka and changed how run off was designed. This isn't any different.

[@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.

[@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.

[@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…

[@God-Knows-I-Dont]

How safe is safe?

[@alanjones8810]

So he goes into a bend too fast.

[@chequeredflagracing]

So the Team are to blame if the engine braking was to strong which led to him losing control. Take the Team to court for that. And as you say we sign disclaimers when racing and although I can't recall it was probably in the small print when I was racing from 1978 to 1984

[@evelghostrider]

He made the personal decision to jump of bike... He cared nothing when he did fastbike videos when he had no licence. That ment he had no insurance if he injured someone.

[@bobz1736]

I've lost all respect for Shane Byrne after this ridiculous claim that will have a hugely negatively impact on bike racing and track days 😢

[@MrMandown46]

If the claim was ridiculous it would have been thrown out. that MSV didn't even try to defend their actions shows they knew they were 100% in the wrong.

[@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).

[@hotblackdesiato3451]

If this was in the US a lawyer would seek compensation for damage to the tyre barrier - it was minding its own business when a human lost control of their vehicle and hit them.

[@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

[@Chambers36TheEnter]

What's the legal situation in regards to the KTM cam video being removed?

[@Bunter1815]

What did I miss, been waiting in the KTM deep dive video is it not coming?

[@mandrakejake]

@@Bunter1815 apparently it was live on YT for a few mins before being removed. No one knows why but some people are peaved and persistent!

[@Bunter1815]

@@mandrakejake thanks 👍 totally missed that. Shame

[@Chambers36TheEnter]

@@mandrakejake I am persistent but not peeved, at this stage it's more of a running joke for the comment section of this channel. The reality is 44T have buried it under the rug. 🙈🙈🙈

[@flamintasty]

KTM asked them nicely to remove it, then gave Al and Chris a reach-around.

[@myagoodbody7942]

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

[@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.

[@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?

[@Bunter1815]

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

[@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.

[@garethhaywood9692]

Love MSV and loved Shakey but to take so much from a sport that has given him everything he has is just wrong. It will cause more problems raise prices. Very disappointed. If you don’t want to get hurt don’t go on track. It all boils down to greed.

[@Chambers36TheEnter]

It's a strange one as it's reported, Byrne hit the barrier at between "15 and 25mph" He claim was for the injuries he sustained hitting said barrier and that said barrier used was inadequate? If you're going to get that badly injured at 15-25mph, it would seem you're just very unlucky or weak. Seems like the kind of injuries he sustained would have happened earlier on in the crash when he was moving at higher speed but the footage of the crash seems very difficult to obtain.

[@joewoodward3876]

If Shakey wins the entire process. Club racing and trackdays will die and all tracks will become house estates 🏡

[@alanjones8810]

The people who want to ban motocycles will be getting the champagne out.

[@MrMandown46]

Bullshit. MSV alone are pulling in 10 million a year in pure profit. That they didn't do their job properly and someone suffered a career ending injury as a result isn't going to suddenly make them decide they don't want all that money. They'll make a song and dance about it and life will go on. People said the same shit about the trackday video as well despite those laws being in place for years and years.

[@cirian75]

No it won't, The FIM/Dorna spec said air barriers are needed where he crashed to meet spec, they had air barriers at the track, they had air barriers at this corner in the past, this day in-spite of having the air barriers available, they failed to put them up in this spot, the fact that MSV choose to attack him personally and not justify why there was no air barrier there speaks volumes.

[@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

[@issigonis94c]

If you honestly think this won’t impact motorcycle track days you’re wonderfully naive. Track owners will either increase fees to cover inflated insurance costs or the expense of installing further safety features or simply stop hosting motorcycle events where any financial reward is now outweighed by potentially catastrophic financial risk. Either way it can’t be good for the average track day punter.

[@stripprclipR1]

Shakey's job was very simply to get on the bike and go fast ON the track. No one gets on a bike expecting to have a crash or even be off the pavement for that matter. If you target fixate on barriers on the side of the road, stop riding.

[@Zissou42]

I trust you would have no issue racing on a track with sheer cliffs on either side? You might be disincentivized to care if you are paid to be there, but there is absolutely some level of risk assessment.

[@stripprclipR1]

@@Zissou42 What the hell are you on about? Snetterton is NOT the Isle of Man! They had air fencing at the track, and it was not in place the day of the crash. I wouldn't expect a rider to be focused on the OUTSIDE of a turn. Where I ride at track speeds the edges of the road may as well be lined with butcher knives and buildings. It will have no less of a lethal effect if I lose it tipping in! I do it for free.

[@pauloshea9978]

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

[@roybatty2030]

Excellent presentation of the legal case, thanks.

[@Hissing-Syd]

Shakey has bitten the hand that fed him for years.

[@gixxerlemans]

if he tought the track wasn´t safe, why he rode the bike on that track.....is just BS.

[@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

[@Dean-does-Stuff-81]

Are track days on their way out? or is it that there used to be smaller groups and fewer track days offered? This is a question, not a statement... ( I did a number of track days in my 20's and tbh I would love to do one again now (I am 44) But it is time, and also, all the kit I need, as I ride on the road, I dont have all the leathers etc.

[@MrMandown46]

That's probably symptomatic of biking becoming less popular and more expensive overall, and trackdays becoming way more serious over the years. I remember going to trackdays with loads of people riding there and back, go now and punters are on stuff that would put BSB bikes to shame with full race team setups in their trucks and vans

[@Dean-does-Stuff-81]

@MrMandown46 I think more bikes are on the roads than there ever was. But possibly many of them are not in the luxury segment. (Or over a 125 😉)

[@MrMandown46]

@@Dean-does-Stuff-81 Yeah I think that's accurate tbf

[@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.

[@ninja12lawbreaker]

I recall Vallentino Rossi forming his own union of Motogp riders to force the track owners to make their run off areas bigger, this is a long standing issue. Think about the event at the Red Bull Ring in Austria when Morbidelli's riderless bike passed across valle at 140mph about 12 inches in front of his head. Good on Shane, lets bring it to a head and make tracks safer. I have never done a track day coz I am too tight to pay for a one piece leather suit and a standard pipe, its nearly £2000 before the track fees

[@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.

[@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.

[@jangraham7424]

There is one thing that would have been different if it had been Jo Public not Shakey - MSV tried to argue that Shakey was way over and it was his fault, but Shakey had datalogging which proved he wasn't way over at corner entry; Jo might not. Shakey won partly because MSV etc couldn't prove their re-design for Turn 3, there were design docs missing including a speed prediction diagram, and the circuit design expert said the barrier at Turn 3 should have been Type 1 or 2, which it was later - not Type 4. A Type 1 or 2 barrier at Turn 3 would provided the required solution. The Court case didn't look at the question whether Snett needs to change anything, but there was no suggestion that something else needed to be done to make it reasonably safe except use Type 1 or 2 barriers at Turn 3. As it happens, MSV also couldn't prove that Shakey signed the waiver - they hadn't retained a copy. The Judge said he wouldn't have held it against Shakey if he had signed, but that's easy to say, since MSV couldn't prove that he did.

[@PaulAnthonyDuttonUk]

If they had air bags yet did not use them they have kind of lost on that sole point. Yet if shaky was posed with the question if there was a solid perimeter wall bordering the circuit would you have adjusted your style and speed? he would have had to say yes which means he did do a mental risk assessment. Could have been a draw I think.

[@cirian75]

They had them at the track, but this was the one spot were they were not, even though the MSV spec said their should be air barriers at that location, that's why he's sued them.

[@MyPoopoo2]

Safer tracks, may be but at a cost that will at the end of the day be past on to us “the rider”. It’s already too expensive.

[@MofoFunk84]

The intelligence behind some of these opinions (comments) on here is laughable and also worrying. Anyone who thinks Shakey is wrong for perusing this needs to give their head a wobble! If YOU binned it into a barrier (under the same circumstances), im pretty sure you wouldn't just accept the blame yourself. As was already said (and is 100% correct) the barriers being suitable is job of MSVR, not the rider; the rider is there to ride; simple.

[@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. 😂😂😂

[@chequeredflagracing]

So if the bike or car leaves the circuit and goes over the green fencing that is all over the place now and someone is injured do we move the specators further back and or make the fencing higher and stronger?

[@jediknight1294]

If the fence was placed improperly or not to the requirements the track will get sued. That's what's happened here. The fact that a safety precaution required for approval had been replaced with something that had a different injury level is what matters.

[@marcuslawler3196]

Thanks Gav a great breakdown I could understand.

[@Omar411269]

As an American I always appreciate European courts and regulations pushing to make motorcycling equipment better and safer than the leather caps that pass for safety equipment here.

[@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.

[@grahamsmith2022]

Well done Shakey,when corporate organisations fail in their duty of care then it takes action like this to make them pull their pants up,it shouldn't take someone being crippled as with Wayne Rainey to improve safety by making small but critical adjustments to how things operate. Things have vastly improved from the bad old days profitable corporate organisations need to comply with their duty of care responsibilities.

[@craigkitson8746]

Which ever way your opinion is, it’s only going to have a negative impact on t/d’s and club racing. It may not have a bearing in law but the mindset on insurance will clearly shift in a bad way on push up premiums on the basis they could have potential claims. Like fagan says t/d’s have taken a nose dive since the pandemic and a rise insurance could see the nail in the coffin.

[@alexanderclarke2774]

I fear you are correct, places like three sisters or even Caldwell will probably never meet the future required safety standards, insurers will refuse to cover many small or older circuits

[@brianhaygood183]

Only a Plaintiff Lawyer would think a major suit against a track will never change the behavior of any track or their insurance.

[@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.

[@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.

[@newpuppy21]

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

[@motorcyclemedicine9007]

Love the legal videos. Interesting stuff

[@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.