South Carolina does not regulate dirt bikes as amusement rides under its amusement-ride safety program. The South Carolina Department of Labor, Licensing and Regulation (LLR) specifically lists dirt bikes, including motocross, among the activities it does not regulate under that program.
This is an important safety concern because motocross tracks can include steep jumps, blind landing areas, sharp turns, and sections where riders travel at high speeds. These features can create serious risks when a track is poorly designed or maintained, or when riders are not properly separated by skill level.
However, it is important to understand what this lack of oversight means. It does not mean that every motocross facility operates without any legal obligations. Other laws may apply, depending on the circumstances. A facility may also be responsible for injuries caused by its own negligence.
The absence of a specific state amusement-ride safety program for dirt bikes makes it especially important for riders and families to look closely at a facility’s safety practices before riding.
Motocross tracks in South Carolina are not covered by the state’s amusement-ride safety program for dirt bikes, raising important questions about track safety, rider protection, and legal responsibility when someone gets hurt. Although motocross is a popular sport, riders and their families should understand the risks, the safety steps a facility should take, and their legal options after a serious accident.
As you may know, motocross, often called MX, involves riding dirt bikes over tracks with turns, hills, jumps, and other obstacles. It takes skill, practice, and proper equipment. Even experienced riders can suffer serious injuries. For beginners and children, the risks can be even greater when riders with different skill levels share a track.
South Carolina families should not have to guess whether a motocross facility is taking reasonable steps to protect riders. Understanding the state’s rules and the responsibilities of track operators can help families make informed choices and know what to do if an accident occurs.
The dangers of Motocross safety received national attention after the death of 13-year-old Patrick Terry at ClubMX, a motocross facility in Chesterfield County, South Carolina.
According to the account in the original article and reporting by The Post and Courier, Patrick was a beginner who had previously ridden on flat trails in his backyard.
The family understood that ClubMX offered training and tracks for different experience levels. Patrick’s father, Ed Terry agreed to take him there for his first motocross track experience.
After arriving, Patrick and his father were directed toward a practice track. Patrick was wearing protective equipment, including a helmet, riding gloves, boots, a neck brace, and a chest protector.
Patrick attempted a jump known as the catapult. Because he was a beginner, he rolled slowly over the jump rather than launching into the air. An experienced rider approached the same jump without knowing Patrick was still on the track near the landing area.
The experienced rider landed on Patrick’s back. Tragically, Patrick died before reaching the hospital.
Patrick’s father subsequently filed a wrongful death lawsuit against ClubMX. The allegations described concerns about the lack of a caution flagger and the limited ability of an airborne rider to see someone in the landing area.
These details illustrate why safe track design, clear sightlines, rider separation, and effective warnings are critical for rider safety. Unfortunately, it also shows why wearing protective equipment, although essential, cannot eliminate every danger.
Of course, the allegations in a lawsuit should not be treated as proven facts unless established through the legal process. However, the broader safety concern remains: when multiple riders share a track, operators need to consider how one rider’s actions could put another rider at risk.
We know Motocross is a risky sport. Riders can fall, collide, or lose control of their bikes, even when they follow the rules and wear protective equipment.
But some dangers may be reduced through careful planning and reasonable safety measures. Without a specific state amusement-ride safety program covering dirt bikes, a facility’s own safety practices become very important.
Several measures can help reduce the risk of serious accidents:
1. Separate Riders by Experience Level
Beginners should not be placed in situations where they must share a track with much faster or more experienced riders without serious safeguards.
Facilities that offer beginner, intermediate, and advanced tracks should make the differences clear. Staff should help riders choose suitable tracks and explain the rules before riding begins.
Separate tracks or riding sessions may help reduce dangerous differences in speed and ability.
2. Use Flaggers and Clear Warning Systems
Flaggers help riders recognize hazards, changing track conditions, and situations that require them to slow down or stop.
They may be particularly important in areas where jumps limit a rider’s view of the landing area. A rider who cannot see what is ahead may have little time to react to another person on the track.
Track operators should consider where flaggers are needed, how warnings will be communicated, and how staff will respond to an emergency.
3. Maintain Safe Track Design
Track conditions can change because of weather, repeated use, and the movement of dirt. Jumps, turns, and landing areas require attention and upkeep to reduce hazards.
Problem areas include poor visibility, damaged track surfaces, unsafe obstacles, and landing zones where riders cannot see one another.
Routine inspections and timely repairs can help identify problems before someone gets hurt.
4. Provide Appropriate Instruction and Supervision
A facility that advertises training for beginners should take reasonable steps to help new riders understand the track and its risks.
Staff should communicate the rules, explain hazards, and direct riders toward activities suited to their experience. The level of supervision needed may depend on the rider’s age, experience, and the type of riding offered.
Parents should feel comfortable asking questions about training, supervision, and the steps taken to protect their children. If they don’t like the answers their getting, it may be time to move on.
5. Have an Emergency Response Plan
Motocross accidents can cause severe injuries, including head trauma, spinal injuries, broken bones, internal injuries and even death.
Facilities should consider how staff will recognize an emergency, summon medical assistance, reach an injured rider, and communicate the rider’s location to emergency responders.
Protective gear and first aid are important, but they cannot replace a plan for responding quickly when a serious accident happens.
No. The absence of a specific amusement-ride safety program for dirt bikes does not automatically eliminate a track operator’s legal responsibilities.
South Carolina law may allow an injured rider to pursue a negligence claim when the facts support it. Negligence generally involves a failure to use reasonable care that causes harm to another person.
For example, questions may arise if a facility:
These examples do not automatically establish negligence. Each case depends on the specific facts, the risks involved, the facility’s conduct, and the applicable case law and statutes.
A rider’s own conduct may also be relevant. South Carolina’s comparative negligence rules (SC Code of Laws Section 15-38-10) were established in a South Carolina Supreme Court case(Nelson v. Concrete Supply Co., 303 S.C. 243 (1991). Thiscan affect whether an injured person may recover compensation and how much compensation may be available.
The fact that motocross is dangerous does not automatically mean a track operator is responsible for every injury. However, the fact that a rider accepts certain risks does not automatically excuse every act of negligence either.
An injured rider or a family who has lost a loved one may have legal options, depending on what caused the accident.
A potential claim may involve the track operator, another rider, or another party whose conduct contributed to the injury. The available claims depend on the circumstances and the evidence.
An attorney may investigate questions such as:
Evidence may include photographs, videos, witness statements, track maps, incident reports, maintenance records, and medical records. Preserving this information early can be important because evidence may be lost or conditions may change.
A serious motocross accident can lead to substantial medical bills, lost income, rehabilitation costs, and lasting physical or emotional harm. In a fatal accident, surviving family members may face funeral expenses and the loss of a loved one’s financial support and companionship.
A lawyer can review the circumstances and explain whether a personal injury or wrongful death claim may be available.
Many motocross facilities ask riders to sign liability waivers before using their tracks. These documents commonly explain that motocross is dangerous and that riding involves risks.
However, signing a waiver does not necessarily mean an injured rider has no legal options. The wording of the document, the circumstances in which it was signed, the nature of the alleged negligence, and the applicable law can all matter. A waiver may affect a claim, but don’t assume it will eliminate every possible claim in every situation.
Special questions may arise when a child is involved. Parents should not assume that a waiver signed by a minor, or a document signed by a parent, automatically resolves every issue involving liability.
If a serious accident occurs, it’s probably worth having an attorney review the actual document rather than relying on a general statement that the rider assumed all risks.
South Carolina enacted Right to Race legislation (SC Code of Laws Section 15-1-350) in 2026. The law deals with certain nuisance claims brought by property owners against qualifying racing facilities. Its protections depend on specific legal conditions, including circumstances involving permits and the timing of nearby property purchases or development. The law also contains limits and exceptions but basically protects tracks from lawsuits from surrounding property owners.
Importantly, this law is not a general safety code for motocross tracks. It does not establish a comprehensive set of rules for separating beginner and advanced riders, placing flaggers at jumps, or inspecting dirt-bike tracks.
Families concerned about motocross safety should therefore distinguish between laws protecting certain racing facilities from nearby property disputes and the laws and legal duties that may affect rider injuries.
Parents can take practical steps to help children make safer choices before they ride:
Check the facility’s experience requirements. Ask which tracks are suitable for beginners and whether riders are separated by age, experience, or speed.
Ask about supervision. Find out whether instructors are available, how track rules are enforced, and what happens when riders enter the wrong section.
Inspect the facility. Look for clear signs, visible track boundaries, maintained riding areas, and a clear explanation of the rules.
Use proper protective equipment. A well-fitting helmet, boots, gloves, goggles, and appropriate body protection can help reduce some injuries. Gear cannot eliminate all risks.
Make sure the child understands the rules. Young riders should know when to stop, how to respond to warnings, and why they must never assume a landing area is clear without being able to see it.
Do not hesitate to leave. If staff cannot answer reasonable safety questions or conditions appear unsafe, consider choosing another facility.
These precautions cannot prevent every accident, but they can help families make more informed decisions.
If a rider is seriously injured, obtaining emergency medical care should be the first priority.
Once immediate medical needs have been addressed, several steps may help protect the rider’s legal rights:
South Carolina has deadlines for filing personal injury and wrongful death lawsuits. The time limit depends on the claim and the circumstances, so families should not assume they can wait indefinitely.
Are motocross tracks in South Carolina regulated?
South Carolina’s amusement-ride safety program does not regulate dirt bikes or motocross as amusement rides. Other laws and legal duties may still apply to a particular facility or accident.
Can I sue a motocross track if I am injured?
Possibly. A claim may be available if negligence or another legally recognized basis for liability contributed to the injury. The facts, available evidence, applicable law, and any relevant waiver must be reviewed.
Can parents bring a wrongful death claim after a fatal motocross accident?
South Carolina law allows certain surviving family members to pursue wrongful death claims through the person legally authorized to bring the action. Who may benefit from the claim and who may bring it are governed by state law.
Does signing a motocross waiver prevent a lawsuit?
Not necessarily. A waiver may affect a claim, but its enforceability and scope depend on the document, the circumstances, and applicable law.
How long do I have to file a motocross injury lawsuit in South Carolina?
The deadline depends on the type of claim and the facts. Different rules may apply in special circumstances, including cases involving minors or certain defendants. An attorney can help determine the applicable deadline.
A serious motocross accident can change a family’s life in seconds. When an injury or death raises questions about track safety, negligent supervision, or another person’s actions, families deserve clear answers about their legal options.
Since 1991, The Law Offices of David L. Hood has fought to obtain justice for people in South Carolina. Our firm represents injured people and families dealing with the consequences of serious accidents and wrongful death.
The Law Offices of David L. Hood is committed to standing up for injured people and families throughout South Carolina. Since 1991, the firm has worked to help clients seek justice after serious injuries, medical malpractice, and wrongful death. The firm’s recognitions include:
With more than 109 five-star client reviews, The Law Offices of David L. Hood values the trust clients place in its team during some of the most difficult times of their lives. Every case deserves careful attention, strong advocacy, and a commitment to pursuing the best possible outcome based on the facts and the law.
If you or someone you love has been injured at a motocross facility, or if your family has lost a loved one in a motocross accident, we invite you to discuss your concerns with our team. After a free case evaluation, if we believe we can help you and your family, Attorney David L. Hood and his legal co-counsel will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!
Contact The Law Offices of David L. Hood for a free, no-obligation initial consultation. You can reach us at one of our 18 South Carolina locations, or by phone, text, chat, or email. There are deadlines for filing, so call us today!
