By Steve Kantor, Attorney and Founding Partner
Across the country, motorcycle events and racetracks are facing a growing challenge that has nothing to do with horsepower, rider skill, or fan interest – it’s the skyrocketing cost and limited availability of insurance. For many organizers, this has become the single biggest obstacle to hosting events, from grassroots track days to major rallies. But a solution may already exist—one that’s been working for years in other industries: inherent risk legislation.
If you’ve ever visited a ski resort, you’ve likely seen signage explaining that skiing and snowboarding come with “inherent risks.” Many states have codified that concept into law, recognizing that certain activities carry unavoidable dangers. Participants accept those risks simply by choosing to take part. As a result, operators are shielded from certain liability claims, helping keep insurance accessible and affordable.
That same concept is now gaining traction in the motorcycle world.
In fact, several states have already taken action. In 2025, Arkansas passed Act 312, establishing inherent risk protections specifically for off-road motorcycling and racing. The law clarifies that riders assume the natural risks of the activity while still holding facility operators accountable for negligence or unsafe conditions.
Texas followed shortly after, signing legislation in 2025 that applies inherent risk principles to off-road vehicle entities, including motocross tracks and riding facilities.
Beyond those early adopters, momentum is clearly building. Legislation has been introduced or is under consideration in states like Iowa and Missouri, while additional efforts are emerging in Indiana, Ohio, and Kansas under broader “Right to Race” initiatives aimed at protecting local tracks.
Other states—including Hawaii, West Virginia, and Vermont—have also explored similar liability frameworks, signaling a growing national conversation around the issue.
The reason is simple: motorcycle riding, especially in controlled environments like racetracks and organized events, carries inherent risk that cannot be completely eliminated. Riders know it. Organizers know it. Insurers know it. But without clear legal recognition of that reality, liability exposure remains unpredictable—and that uncertainty drives insurance costs through the roof.
Inherent risk legislation offers a more balanced approach.
These laws don’t remove responsibility. They draw a clear line between unavoidable risk and negligence. Track owners and event promoters must still provide safe facilities, enforce rules, and act responsibly. But they are protected from lawsuits stemming purely from the accepted dangers of the activity itself.
The impact on insurance could be transformative. When insurers have clearly defined liability boundaries, they can more accurately assess risk. That leads to more stable underwriting, lower premiums, and—most importantly—greater availability of coverage. For an industry that has seen policies disappear or become unaffordable, that kind of stability is critical.
This is where “grassroots” advocacy plays a vital role, and why The Kantor Gullo Law Firm is so deeply involved in ABATE and the ongoing fight for riders’ rights.
As part of a nationwide network of motorcyclists’ rights groups, ABATE chapters have long been on the front lines of legislative advocacy. From helmet law debates to rider education and awareness campaigns, they understand how policy shapes the future of motorcycling. Now, many ABATE organizations are actively engaging lawmakers on inherent risk legislation, which educates them on the realities riders face and the economic pressures threatening events and racetracks.
Their involvement ensures that these laws are written with balance—protecting riders’ rights while preserving accountability and safety.
For riders, the stakes are high. When events disappear due to insurance challenges, opportunities to ride in controlled, organized environments shrink. That often pushes riders toward less regulated—and less safe—alternatives. Supporting sensible legislation isn’t just about protecting businesses; it’s about protecting the culture and community that motorcycling depends on.
Inherent risk legislation isn’t a silver bullet, but it’s a proven concept with real momentum. With Arkansas and Texas leading the way and more states stepping into the conversation, the path forward is becoming clearer.
For an industry built on freedom, responsibility, and calculated risk, it may be exactly what’s needed to keep the gates open and the motorcycles running.
