
Will Texas Pass This New Motorcycle Law?
Arkansas just passed a new law regarding the "risk factor" associated with motorcycles and now Texas may do the same thing.
Riding a motorcycle safely involves a lot more than just fastening your seat belt and obeying all the laws. The risk factor is a lot higher and riding requires a constant state of vigilance, awareness and preparation.
Triple all that when you deliberately up the ante by racing off road, on paved tracks or both. That's where this Arkansas, (and, possibly Texas as well), law comes in regarding "inherent risk".
Inherent risk refers to the capacity for risk naturally associated with a process or activity without any risk reduction efforts. Inherent risk of an activity cannot be effectively eliminated or controlled and becomes important when assessing liability of voluntary participants.
With this law, the rider takes individual responsibility for their own safety and facility owners take responsibility for their own liability, so when an accident does occur, fault can be clearly identified. - americanmotorcyclist.com
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HB 494 would bring a similar law to Texas helping to protect land owners used for off roading and tracks and professional racing facilities if and/or when injuries occur. It's aimed, for the moment, at protecting land owners where motorcycle training courses are held. Seems to me it could easily be adapted for other settings, protecting all involved.
Arkansas and Texas may be among the first to apply inherent risk laws to dirt bikes but similar laws have been around for quite awhile in sports like skiing, rodeos, etc.
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