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CHARLOTTE, NORTH CAROLINA - JANUARY 23: NASCAR Hall of Fame inductee Kurt Busch (R) and his brother, NASCAR Cup Series driver, Kyle Busch pose for photos at the NASCAR Hall of Fame Induction Ceremony at Charlotte Convention Center on January 23, 2026 in Charlotte, North Carolina. (Photo by Chris Graythen/Getty Images)

NASCAR is facing major backlash after Kurt Busch publicly questioned why Kyle Busch avoided a NASCAR penalty following a controversial moment during the Wurth 400 at Texas Motor Speedway.

The NASCAR controversy started late in the Cup Series race when Kyle Busch made contact with John Hunter Nemechek, sending the Legacy Motor Club driver spinning.

Many NASCAR fans immediately called for penalties or a suspension, believing the move looked intentional.

NASCAR officials reviewed the incident but decided against punishment, saying there was no radio communication that clearly proved intent.

The decision quickly became one of the biggest NASCAR news stories of the week, especially after Ryan Preece received penalties earlier this season for a similar NASCAR incident involving Ty Gibbs.

NASCAR Penalty Debate Grows After Texas Motor Speedway Race

Kurt Busch addressed the NASCAR controversy during an appearance on the Door Bumper Clear podcast. The former NASCAR Cup Series champion openly criticized NASCAR’s penalty system and questioned why officials rely heavily on radio communication instead of visual evidence from the race itself.

“NASCAR shouldn’t go off of what someone says on the radio,” Kurt Busch said. “They should be able to still look at the eyeball test. What my brother did to John Hunter was exactly the same. Now you’re in a courtroom.”

The NASCAR penalty debate intensified because NASCAR official Mike Forde previously explained that Ryan Preece’s radio comments helped determine intent during his incident with Ty Gibbs. Many NASCAR fans pointed to the replay from Texas Motor Speedway and argued that the contact with Kyle Busch looked similar.

Kurt Busch made it clear that his criticism was not personal toward his brother. Instead, he focused on the inconsistency surrounding NASCAR penalties and NASCAR officiating standards in recent Cup Series races.

Kyle Busch NASCAR Incident Sparks More Questions

Kyle Busch later defended himself on social media after the NASCAR controversy spread online. The Richard Childress Racing driver argued that John Hunter Nemechek’s car was in his blind spot before the contact happened.

“How do u know where they are when they’re in your blind spot, smart guy?” Kyle Busch posted. “Every situation, the guy behind is on my RR. How can I see that? I thought it was always the guy behind at fault for running into you?”

The NASCAR driver also said that trailing drivers still control their cars and can avoid contact in close racing.

The Texas Motor Speedway incident added more pressure on Richard Childress Racing during a difficult NASCAR Cup Series season. Kyle Busch has not won a Cup Series race since 2023, and the No. 8 team has already faced several NASCAR controversies this season.

Kurt Busch Recalls Past NASCAR Penalty During Cup Series Career

Kurt Busch also shared a story from his own NASCAR career while discussing the latest NASCAR penalty debate. He recalled intentionally spinning Robbie Gordon during a NASCAR All-Star Race to bring out a caution flag.

“I wrecked Robbie Gordon,” Kurt Busch admitted. He explained that NASCAR later fined him $100,000 and docked points after he publicly admitted the move during a radio interview.

The former Cup Series champion used that example to highlight what he believes is inconsistent NASCAR officiating. His comments have continued to fuel debate among NASCAR fans as the Cup Series season moves forward.