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one Motocross rider suing another and our Local Track

HONDAMX155

C100

Posts: 4

Joined: 8/22/2012

Location: Jackson, NJ USA

8/22/2012 4:54 PM
Edited Date/Time: 8/22/2012 6:02 PM

Ok... Thanks fellas.. Just Fn Pissed..

tobz

C100_2

Posts: 1933

Joined: 3/5/2007

Location: Adelaide, AUS

8/22/2012 5:00 PM

This thread has only one possible outcome, i would STRONGLY recommend having this thread deleted, contact a lawyer and deal with it down that path. Message boards, name calling, accusations and court cases don't mix.

mtl

C100

Posts: 565

Joined: 9/26/2011

Location: Mass-a-two-shits, NIU

8/22/2012 5:01 PM

Let Englishtowns lawyers handle it. If you are both named in the same suit as co-defendants you dont need a lawyer.


P.S. Sounds like Brad should get him self a quad because suing the only motocross track in all of NJ is GAY.

downandup

C100_krusty_20demon1

Posts: 1247

Joined: 5/24/2010

Location: In A Cave, CA USA

8/22/2012 5:01 PM
Edited Date/Time: 8/22/2012 5:03 PM

He can go ahead and sue you, but it will probably get thrown out. You may not need to get a lawyer as the track will probably get one. When you go and ride at an mx park, just like when you go skiing, it's assumption of risk. Once you begin participating in said activity, you assume the risk. Factory Brad is probably blowing smoke up your a##.

rpoint116

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Posts: 349

Joined: 6/25/2008

Location: Tempe, AZ USA

8/22/2012 5:04 PM

First, thanks for serving our country.

Second, WOW! Not sure how to respond to your post. If it is accurate & you need legal representation, the FIRST thing I would do is remove/delete/ your post. Anything that you wrote, rest assured, will get twisted around & used against you by his attorney.

Third, after your case is dismissed, go back after him. He may have cause against the track, just because ( I know it's not rational). The releases we sign although legal documents, are thin.

Rmzmoto

C100_freds_bike

Posts: 78

Joined: 11/8/2011

Location: NJ, USA

8/22/2012 5:07 PM

I agree the englishtown lawyers should handle it it happened at there facility...maybe sit down with them and go over your options....Brad seems like a great friend Lol

FreshTopEnd

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Posts: 9101

Joined: 8/16/2006

Location: Sacramento, CA USA

8/22/2012 5:16 PM

mtl wrote: Let Englishtowns lawyers handle it. If you are both named in the same suit as co-defendants you dont need a lawyer.


P.S. Sounds like Brad should get him self a quad because suing the only motocross track in all of NJ is GAY.

Ummmm . . . if you are a co-defendant and a separate party, you need to defend yourself. Either get a lawyer, try to get Englishtown's agreement that they'll indemnify and defend you (doubtful, but who knows )or you go ahead a represent yourself. If you don't do anything, the plaintiff can have a default judgment entered against you.

@ftemoto


es337

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Posts: 326

Joined: 4/13/2012

Location: MD, USA

8/22/2012 5:23 PM

lawyer up, hit the gym, delete facebok

FreshTopEnd

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Posts: 9101

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Location: Sacramento, CA USA

8/22/2012 5:31 PM

Also, not knowing the dates, you'll want to look into the Servicemembers Civil Relief Act to see if it buys you some time to act if you remain or only recently left active service/deployment.

And as helpful as lawyers from other states may want to be, you'll really need to have someone who practices New Jersey law help you. These kinds of cases turn on state law, and the rules on assumption of risk really vary among states.

@ftemoto


zippy895

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Posts: 4511

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Location: Daytona Beach, FL USA

8/22/2012 5:39 PM

your friend who is sue happy is,how do i say this nicely....an ass

Jake_Ridenour

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Posts: 12

Joined: 2/24/2012

Location: Angola, IN USA

8/22/2012 5:58 PM

Get rid of this post fella, It'll burn you in the end.

FlickitFlat

C100

Posts: 2119

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Location: ,, WV USA

8/22/2012 5:59 PM

I'm sure there is free help you can contact and get accurate information without any expense other than your time. If you call the Attorney General and ask their office for the name and contact info for your state attorney association. The attorney board should have intern layers on the phones to answer basic questions. usually from 7 PM to 10 PM on certain days of the weeks ect. Might be a pain in the ass but it is a free way to get answers to your questions. Which I'm sure you have a few.

jeffro503

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Posts: 11606

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Location: Portland, OR USA

8/22/2012 6:16 PM

OK.....so I missed the OP from the beginning............so without naming any names , what exactly happened? Did someone get hurt? And why is the OP's friend trying to sue a track?

And there goes Jeffro. One of God's own prototypes. A super high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.

Pimpin' Ho's , Rollin' fatty's......drinkin' beers , beers , beers!! ~ Jay.










FreshTopEnd

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Location: Sacramento, CA USA

8/22/2012 6:19 PM

jeffro503 wrote: OK.....so I missed the OP from the beginning............so without naming any names , what exactly happened? Did someone get hurt? And why is the OP's friend trying to sue a track?

Sounded like a standard MX incident where two bikes tangled, and the guy's "buddy" is suing him and the track. Bummer.

@ftemoto


72kiteboarder

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Posts: 4736

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Location: 90 MILES SOUTH-ISH, FL USA

8/22/2012 6:22 PM

jeffro503 wrote: OK.....so I missed the OP from the beginning............so without naming any names , what exactly happened? Did someone get hurt? And why is the OP's friend trying to sue a track?

FreshTopEnd wrote: Sounded like a standard MX incident where two bikes tangled, and the guy's "buddy" is suing him and the track. Bummer.

RC16 move to New Jersey?

Highsider

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Posts: 7002

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Location: Good Riding, IA USA

8/22/2012 6:29 PM

jeffro503 wrote: OK.....so I missed the OP from the beginning............so without naming any names , what exactly happened? Did someone get hurt? And why is the OP's friend trying to sue a track?

FreshTopEnd wrote: Sounded like a standard MX incident where two bikes tangled, and the guy's "buddy" is suing him and the track. Bummer.

72kiteboarder wrote: RC16 move to New Jersey?

No shit.

yzweldon

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Location: Grapevine, TX USA

8/22/2012 6:35 PM

It's the American way, sue sue sue until no one can have any fun or have a job but the lawyers.

A great day starts with the smell of bean oil in the morning

TeamPropainTurbo38t

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Location: Pottersville, NJ USA

8/22/2012 6:53 PM

HONDAMX155 wrote: Ok... Thanks fellas.. Just Fn Pissed..

Was this at the race track or practice track? I don't know the details or anything but if it wss at the practice track well, as much as I was once a proud Englishtown rider every weekend they have brought this on themselves. Granted I don't know if it's a false alligation or what but lately they have had some MAJOR issues debating whether to spend time grooming or collecting loot .....I am not one to sue, but I know that this place has been very dangerous at times. I no longer go there. I don't mind a saftied down track but I do not enjoy a saftied down track that has a lack of grooming . They will get the track all perfect and then destroy it by watering it overnight. Then the landings become rutted messes and the faces get alll chunked out because from what I was told the track maintainer dude was only allowed 20 minutes a day to groom...well, screw that. If I pay $40-45 a day plus 40-50 a year for insirance I want a god damned nice track....not one to normally even chime in but shit needs to change...

jeffro503

C100_bright_avatar

Posts: 11606

Joined: 7/22/2007

Location: Portland, OR USA

8/22/2012 9:36 PM

Well.....this really sucks to hear things like this.

1.) Getting tangled up with other riders happen.....it's the nature of the sport.

2.) The guy signed a release before he went and rode right? All tracks do this ( or they should anyways )

As far as RC16 goes........I knew Rich pretty well , but stopped talking to the dude after all the shit went down. My personal belief is....you sign a waiver to go ride at a track.......you should sign everything away. Knowing damn well the very worst thing imaginable "Can" happen.......and it does happen every once in a while.

I think anyone who sues a track should be shunned by every guy that has ever slung a leg over a bike.....and be banned from ever throwing his own leg over another bike again. God damn disgrace.

And there goes Jeffro. One of God's own prototypes. A super high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.

Pimpin' Ho's , Rollin' fatty's......drinkin' beers , beers , beers!! ~ Jay.










Hando

C100_tom_sykes_2840060

Posts: 1525

Joined: 11/13/2011

Location: USA

8/22/2012 9:48 PM
Edited Date/Time: 8/22/2012 9:49 PM

HONDAMX155 wrote: Ok... Thanks fellas.. Just Fn Pissed..

TeamPropainTurbo38t wrote: Was this at the race track or practice track? I don't know the details or anything but if it wss at the practice track well, as much as I was once a proud Englishtown rider every weekend they have brought this on themselves. Granted I don't know if it's a false alligation or what but lately they have had some MAJOR issues debating whether to spend time grooming or collecting loot .....I am not one to sue, but I know that this place has been very dangerous at times. I no longer go there. I don't mind a saftied down track but I do not enjoy a saftied down track that has a lack of grooming . They will get the track all perfect and then destroy it by watering it overnight. Then the landings become rutted messes and the faces get alll chunked out because from what I was told the track maintainer dude was only allowed 20 minutes a day to groom...well, screw that. If I pay $40-45 a day plus 40-50 a year for insirance I want a god damned nice track....not one to normally even chime in but shit needs to change...

I don't live in the area anymore but spent alot of time on the practice track and the race track in the mid 2000's .

lets just say, the tracks were ALOT better when Micky' was running the place. Good primo dirt, always groomed in the morning and new jump/track combos to go with it. The tracks got better at the end of the day because they'd be trashed ..but in a good way..nice and rough but not stupid and dangerous.

Tracks open to the public SHOULD be groomed and taken care of because it is a liability..not everyone is a fast B rider / Expert and most people only get to ride on the weekends due to that unfortunate thing called the real world.

i like a rough track too, dont get me wrong..but there is a difference between rough and just plain abused

KEEP WORKING, MILLIONS ON WELFARE DEPEND ON YOU!

dkg

C100_eagle

Posts: 891

Joined: 9/12/2010

Location: Rancho Cucamonga, CA USA

8/22/2012 11:32 PM

FTE: excellent advise. I'd only add that look into available coverage through homeowners policy and possibly bike coverage if applicable. See a NJ lawyer, tender any suit to all available insurance policies. Just make sure you don't get a default judgment.

Big

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Posts: 1000

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Location: SWE

8/23/2012 12:52 AM

HONDAMX155 wrote: Ok... Thanks fellas.. Just Fn Pissed..

TeamPropainTurbo38t wrote: Was this at the race track or practice track? I don't know the details or anything but if it wss at the practice track well, as much as I was once a proud Englishtown rider every weekend they have brought this on themselves. Granted I don't know if it's a false alligation or what but lately they have had some MAJOR issues debating whether to spend time grooming or collecting loot .....I am not one to sue, but I know that this place has been very dangerous at times. I no longer go there. I don't mind a saftied down track but I do not enjoy a saftied down track that has a lack of grooming . They will get the track all perfect and then destroy it by watering it overnight. Then the landings become rutted messes and the faces get alll chunked out because from what I was told the track maintainer dude was only allowed 20 minutes a day to groom...well, screw that. If I pay $40-45 a day plus 40-50 a year for insirance I want a god damned nice track....not one to normally even chime in but shit needs to change...

You need concrete and asphalt dude. Not mx?

Vanilla

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Posts: 90

Joined: 5/16/2012

Location: NLD

8/23/2012 1:09 AM

I can't imagine somebody doing that. Suing another rider after a crash.. Only in America I guess.

HONDAMX155

C100

Posts: 4

Joined: 8/22/2012

Location: Jackson, NJ USA

8/23/2012 3:42 AM
Edited Date/Time: 8/23/2012 3:44 AM

Ok well the shortened version with no names....

The track was in great shape from what I recall.. I went to go pass another rider on the right, "who so Happened to be my friend".. When I went to pass him he moved over and our bikes hit side by side and his bike got hooked in my rad brace or something... We both fell and he broke his femur, I dont recall any injury on my part prolly with the exception of some minor scrapes or sprain.. I honestly dont recall.... So now here he is Suing myself and the track tryin to claim I am a reckless rider ... I mean Cmon we all know the risk we take when we go on a track.. Esp once you go on a track where there are 80plus ft doubles n triplesand tabletops added into the mix...

jndmx

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Posts: 9497

Joined: 1/20/2008

Location: CT, USA

8/23/2012 4:23 AM

yzweldon wrote: It's the American way, sue sue sue until no one can have any fun or have a job but the lawyers.

Exactly.......why take responsibility for your own actions when you can sue the shit out of everyone.

ToolMaker

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Location: Escondido, CA USA

8/23/2012 6:51 AM

When the riders start to sue the tracks there will be less places to ride for everyone, seems like not the best strategy.

The Counter Sprocket Tool from http://www.sprocketstuff.com

Camp332

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Posts: 5132

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Location: Zoo Jersey, USA

8/23/2012 7:11 AM

Pisses me off. Completely ridiculous.

THIS IS MOTOCROSS! Shit happens

Bro Down With Your Bro 1st gear wide open!
@camp332

theycallmeebryan

C100

Posts: 179

Joined: 12/14/2010

Location: Manahawkin, NJ USA

8/23/2012 7:30 AM
Edited Date/Time: 8/23/2012 7:31 AM

I frequent Englishtown pretty much every weekend or every 2 weeks, sometimes i take off on Wednesdays to hit up the race track.

First and foremost, about the tracks.... I have only been to Englishtown a few times where the conditions were absolutely perfect. Wednesday August 15th I was at the Pro track and the conditions were EXCELLENT. I mean, the dirt was 100% perfect in my opinion. Why? It rained the night before, drizzled a little during the day, and not one of the mexi-workers had a hose in their hand the entire day. That following Saturday, I went to the practice track. It stormed bad on Friday and there was a 50% chance of rain on Saturday, so not many people went. Again, the track was absolutely perfect. Evenly watered (because of the rain) and well groomed. Then Sunday comes around, a beautiful day, mid 70's to low 80s, track was packed. The track was horrible. I guess after Saturday they went and laid down some hay on the track to help retain water. There was no hay on the track on Saturday and it was perfect. In the morning, they laid down so much fricken water that the entire track was a mud fest, even worse than after a natural rain storm!!! The hay they laid down was like riding over a slip and slide. Because it was a mudfest, huge ruts formed all over the track, ruts only A and B class riders can handle. The rest of the spodes were tip toeing around the entire track. And to make matters worse, the mexicans were actually adding more water to the track!!!

Secondly, the riderrs.... Only about 25% of the riders that actually show up to a practice day should be riding A class. The rest are either kids that think they are fast, or complete spodes that are riding a faster class to look cool. When this happens, you have kids in the A and B class that should be in the C class, and its completely DANGEROUS. I'm talking people who can't even jump 40 foot table tops! That's DANGEROUS when you have guys flat out ripping on the track.

Thirdly, about your incident. Part of your insurance waiver says that you understand all the risks involved and the track is not liable for injuries. RIDE AT YOUR OWN RISK. Sounds like your buddy was a spode and you were trying to make a legit pass, you guys tangled, and now he is butt hurt about it. But that is me hearing only one side of the story.

newmann

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Posts: 14104

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Location: USA

8/23/2012 7:44 AM

Track sueing scum does suck, but damn o' mighty, some of the stupid shit I see at the tracks makes me think the owners/operators are just begging to be sued.

Someone mentioned someone needing asphalt and not mx above. Asphalt is nice and smooth and almost always predictable yet when was the last time you were at a road course and turned at the tree? Or crested a hill built over a six foot tall piece of exposed pipe hanging out both sides? Or not had a runoff zone at the highest speed corner on the track?

MX is all about being on the edge of control using all 12 inches of suspension travel yet we still turn at the tree or the giant 1200 lb. backhoe tire. Haybales tied to trees are a common sight. Wooden barriers, poles, railroad ties... like this are a common sight.





These pics were from the premier amateur event in the US. At the local tracks, it a whole lot worse. Every time a kid hits something like this and dies everyone cries yet the tracks keep putting stupid stuff out there. With a track on hundreds or even thousands of acres, how difficult is it to have a 15-20 foot clear zone beside the race line? Puzzles me.

ehr400

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Posts: 1763

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Location: Dundee, MI USA

8/23/2012 8:07 AM

There should be a black list for people that sue, just like Casinos have.
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