On the heels of the shortened motos in Thailand...

500guy
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500guy 3/10/2015 8:10am
3/10/2015 8:10am
I always thought if someone would get sued it would have been when Reynard hit that track worker who was on the track with his quad.

it's really sad that Josh passed away , I just wonder what the family hopes to gain from this.
Atmos
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Atmos 3/10/2015 8:13am
3/10/2015 8:13am
Sometimes, when grieving, people make very poor decisions.
WoodsRacer 3/10/2015 8:19am
3/10/2015 8:19am
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever did happen and a lawsuit came up it would be like sueing yourself. Well anyways one day without going into detail a guy got hurt which did require a hospital trip. No hard feelings on either side so not much thought put into the event. Well anyways a couple weeks go buy and us as board members find out we are being sued for the accident but not from the guy himself, instead from his insurance company. They were trying to reclaim their loses since they had to pay for his hospital visit.

Keeping a long story short it was all eventually thrown out and nothing became of it. The point of the story here is if you ever have land, a track, or are in any way associated with an event to be sure you have some layer of protection. Even if something happens and both partys are ok with it at times it seems a third party who was initially uninvolved will pop out of the woodwork. Sad, but unfortunately thats the modern world we live in.
Tim507
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Tim507 3/10/2015 8:32am
3/10/2015 8:32am
Unfortunately I get sued all the time as I'm in the construction industry. Construction claims have become an economy with forensic firms soliciting for opportunities.

In this case it very well could related to life insurance or it could be the grieving family. Never the less naming a large group raised the anticipated cost of litigation. The liability carries for the defendants will more than likely approach this looking for a settlement that will be substantially less the going to court. There will be many continuations and the results may never be known.

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mxpro252
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mxpro252 3/10/2015 8:40am
3/10/2015 8:40am
Is there any way to confirm who actually filed the suit? His death will likely be talked about again in the future and it wouldn’t be right to then discuss how greedy and pathetic the family is for filing a lawsuit against all those companies if the family wasn’t really behind it.
TX24
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TX24 3/10/2015 8:45am
3/10/2015 8:45am
WoodsRacer wrote:
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever...
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever did happen and a lawsuit came up it would be like sueing yourself. Well anyways one day without going into detail a guy got hurt which did require a hospital trip. No hard feelings on either side so not much thought put into the event. Well anyways a couple weeks go buy and us as board members find out we are being sued for the accident but not from the guy himself, instead from his insurance company. They were trying to reclaim their loses since they had to pay for his hospital visit.

Keeping a long story short it was all eventually thrown out and nothing became of it. The point of the story here is if you ever have land, a track, or are in any way associated with an event to be sure you have some layer of protection. Even if something happens and both partys are ok with it at times it seems a third party who was initially uninvolved will pop out of the woodwork. Sad, but unfortunately thats the modern world we live in.
I have heard of that before.
When I got a minor injury a few years ago, my insurance company wanted all the details.
jeffro503
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jeffro503 3/10/2015 8:46am
3/10/2015 8:46am
Man this really sucks to hear. If this is true , I don't quite understand what grounds the plaintiff has to stand on. This was a professional sporting event , Josh was a professional athlete participating at his own will. There is not one guy on the line that is " Forced " to race.....so I don't understand this a all. I don't think Josh would of wanted this....in fact I know he wouldn't.

And like what others mentioned....it sounds like a lawyer is filling the ears of the family members. #notright.
Moto_Geek
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Moto_Geek 3/10/2015 8:57am
3/10/2015 8:57am
Not to really defend the situation, but his own brothers basically quotes his own brother not willing to quit. And when you over do it, things happen.

"He was doing really good, running some laptimes right there with the best of them, right there with Ryan Villopoto and Davi Millsaps, and he was really going for it," said Bill Lichtle, Josh's older brother. "He got overheated, basically, and by the last laps he was practically passing out on the bike. He just wouldn't quit. That was Josh: He just had so much heart and he wanted to be back competing at this level so bad that he wouldn't have quit for anything.".

http://xgames.espn.go.com/article/6737913/josh-lichtle-dies-monday-heat…


I did a snow shoe trip this last weekend and just the site of the finish line ontop of the mountain I push myself beyond my physical limits to make it and paid for it with extreme headache and exhaustion the rest of the day.

mx836
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mx836 3/10/2015 8:59am
3/10/2015 8:59am
TX24 wrote:
I have heard of that before.
When I got a minor injury a few years ago, my insurance company wanted all the details.
Just like getting hurt at the race track. Those pesky mountain bikes sure have caused me a lot of injuries while riding on state land if you know what I mean. Wink
rosebud441
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rosebud441 3/10/2015 9:44am
3/10/2015 9:44am
WoodsRacer wrote:
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever...
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever did happen and a lawsuit came up it would be like sueing yourself. Well anyways one day without going into detail a guy got hurt which did require a hospital trip. No hard feelings on either side so not much thought put into the event. Well anyways a couple weeks go buy and us as board members find out we are being sued for the accident but not from the guy himself, instead from his insurance company. They were trying to reclaim their loses since they had to pay for his hospital visit.

Keeping a long story short it was all eventually thrown out and nothing became of it. The point of the story here is if you ever have land, a track, or are in any way associated with an event to be sure you have some layer of protection. Even if something happens and both partys are ok with it at times it seems a third party who was initially uninvolved will pop out of the woodwork. Sad, but unfortunately thats the modern world we live in.
TX24 wrote:
I have heard of that before.
When I got a minor injury a few years ago, my insurance company wanted all the details.
And you say: I fell off the ladder cleaning the gutters..
MXATC
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MXATC 3/10/2015 9:48am
3/10/2015 9:48am
Didn't they shorten the motos by 5 minutes or was it more?
Grieby54
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Grieby54 3/10/2015 9:51am
3/10/2015 9:51am
TX24 wrote:
I have heard of that before.
When I got a minor injury a few years ago, my insurance company wanted all the details.
They always do. Every time my wife or I visited the ER/doctor we got a letter and a phone call asking if anyone else was responsible and for all the details. I think it's total shit that we pay a premium for insurance all year, and then when we actually want to use what we've been paying for, the insurance wants to see if there's any way they can go without paying. Total garbage.
MrGoon
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MrGoon 3/10/2015 10:03am
3/10/2015 10:03am
MXATC wrote:
Didn't they shorten the motos by 5 minutes or was it more?
Just 5!
TeamGreen
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TeamGreen 3/10/2015 10:10am
3/10/2015 10:10am
Starting with GeorgiePorgie...then Atmos...Woodsracer...

So many good points are made in here.

Moto_Geek knocks it OUT OF THE PARK!

Furthermore, the family has opened themselves up to their own nightmare that no Greedy POS Sunday-Paper-Reading-Hearse-Chasing-Attorney can defend them against:

The Family's Contribution to His Death.

Sad; but, true.

There's even a counter-suit to be had.

Sad; but, true...Book II.

Sometimes, Greed Sucks.

Still, Ya wanna know who I still feel the sorriest for?

The Family.

This is just so sad.

Godspeed, all.
TeamGreen
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TeamGreen 3/10/2015 10:15am
3/10/2015 10:15am
WoodsRacer wrote:
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever...
I was once on the board for a small town track where you had to be a member and sign a waiver so if anything ever did happen and a lawsuit came up it would be like sueing yourself. Well anyways one day without going into detail a guy got hurt which did require a hospital trip. No hard feelings on either side so not much thought put into the event. Well anyways a couple weeks go buy and us as board members find out we are being sued for the accident but not from the guy himself, instead from his insurance company. They were trying to reclaim their loses since they had to pay for his hospital visit.

Keeping a long story short it was all eventually thrown out and nothing became of it. The point of the story here is if you ever have land, a track, or are in any way associated with an event to be sure you have some layer of protection. Even if something happens and both partys are ok with it at times it seems a third party who was initially uninvolved will pop out of the woodwork. Sad, but unfortunately thats the modern world we live in.
TX24 wrote:
I have heard of that before.
When I got a minor injury a few years ago, my insurance company wanted all the details.
rosebud441 wrote:
And you say: I fell off the ladder cleaning the gutters..
I was riding my Mt. Bike in the Forrest. The National Forrest.

Boom!
DirtyFilter75 3/10/2015 10:23am
3/10/2015 10:23am
This is a sad state of affairs. How can these people turn on the very sport they loved for so many years?
IWreckALot
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IWreckALot 3/10/2015 10:57am
3/10/2015 10:57am
TX24 wrote:
I have heard of that before.
When I got a minor injury a few years ago, my insurance company wanted all the details.
rosebud441 wrote:
And you say: I fell off the ladder cleaning the gutters..
TeamGreen wrote:
I was riding my Mt. Bike in the Forrest. The National Forrest.

Boom!
How does the insurance and the hospital and EMT company communicate? Can the insurance ask the EMT where they picked up the rider? And what they did. I.E. if they had to cut his riding gear off him? I'd definitely lie to protect the sport we all love but I'm just trying to figure out if that's always an option. And if it is found out that you've lied to the insurance company, is that insurance fraud?
Excaliburbmx
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Excaliburbmx 3/10/2015 11:09am
3/10/2015 11:09am
Godspeed Josh wish the best for everyone.

I heard they are opening a new investigation into the Buddy Holly crash.
How can these lawsuits help anyone other than lawyers?

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rosebud441
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rosebud441 3/10/2015 11:09am
3/10/2015 11:09am
Best case is, you get yourself to the hospital.. That might be hard if you go down hard at a track with an EMT present.

I have racked up tens of thousands of Dr. bills, all from crashes at organized tracks and i told my insurance company straight up, i race MX and got hurt.. They had no problem paying, they were awesome in my case.. guess i am lucky.

If you crash in the woods, or at a private track, and you are able get yourself home or to the hospital, tell them whatever you want, (people get hurt everyday mowing the lawn, ) hence the ladder story.
mx836
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mx836 3/10/2015 11:13am
3/10/2015 11:13am
IWreckALot wrote:
How does the insurance and the hospital and EMT company communicate? Can the insurance ask the EMT where they picked up the rider? And what they...
How does the insurance and the hospital and EMT company communicate? Can the insurance ask the EMT where they picked up the rider? And what they did. I.E. if they had to cut his riding gear off him? I'd definitely lie to protect the sport we all love but I'm just trying to figure out if that's always an option. And if it is found out that you've lied to the insurance company, is that insurance fraud?
If you get a ride in the whambulance, then you are SOL. I've broken numerous bones and told them I was riding a mountain bike, but didn't communicate with EMT's at the track either. Just kept going back to the truck. I suppose it would be insurance fraud in a way, but you are injured and if you pay for insurance, they should pay your bills instead of trying to find their way out of everything. Insurance companies are like legal fraud.
Underdog999
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Underdog999 3/10/2015 11:13am
3/10/2015 11:13am
Aceofspades wrote:
I wish we had a "loser pay" tort system, and youd see no more of these lawyer-driven, hail mary lawsuits.
Sorry, but it is more of an insurance driven lawsuit. Everyone is so quick to jump on the lawyers, when they should really be going after the insurance companies.
plowboy
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plowboy 3/10/2015 11:21am
3/10/2015 11:21am
When my daughter was 4 or 5 she was playing with neighbor kids in their yard. She fell and broke her nose. At the ER they asked specifically "where" it happened. I asked why it mattered and was told that if it occurred on neighbors property that I would have to supply their names and homeowners insurance. Then I remembered it happened in our back yardSmile Whistling Whistling
flarider
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flarider 3/10/2015 11:26am
3/10/2015 11:26am
Underdog999 wrote:
Sorry, but it is more of an insurance driven lawsuit. Everyone is so quick to jump on the lawyers, when they should really be going after...
Sorry, but it is more of an insurance driven lawsuit. Everyone is so quick to jump on the lawyers, when they should really be going after the insurance companies.
Which is what RC16 said, HOWEVER, the lawsuit was not "ABC Insurance, Inc., on behalf of" or just plainly "ABC Insurance" it was a lawsuit in his name and his name alone.

Now, I'm not a lawyer, but I don't believe my insurer can sue someone or an entity in my name, or my behalf, without my express permission. If they file on their own as "ABC Insurance," to re-coup their losses, that's one thing, but seems to me, if it's in a singular person's name or a relative of that person, it isn't the insurance company looking to recover losses.

BTW, the RC16 case is still alive, but in a state of limbo, as nothing has happened in years.
JaredPartridge 3/10/2015 11:27am
3/10/2015 11:27am
After Jason broke his back, our dad never let an EMT touch us at the track. He'd carry us back to the truck if we couldn't walk and drive us to the hospital. I broke my wrists 4 times within 3 years, and somehow I always managed to fall out of that same damn tree. Insurance is a bitch. When I went in for knee surgery, from an injury that was 4 years old, they wanted to know if they could go after anyone else to cover the claim as well. "Nope, did it in the desert by myself". Knowing the Lichtles from the amateur scene and spending a bunch of time together back then makes me think its not them making this call.
TeamGreen
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TeamGreen 3/10/2015 11:40am
3/10/2015 11:40am
rosebud441 wrote:
And you say: I fell off the ladder cleaning the gutters..
TeamGreen wrote:
I was riding my Mt. Bike in the Forrest. The National Forrest.

Boom!
IWreckALot wrote:
How does the insurance and the hospital and EMT company communicate? Can the insurance ask the EMT where they picked up the rider? And what they...
How does the insurance and the hospital and EMT company communicate? Can the insurance ask the EMT where they picked up the rider? And what they did. I.E. if they had to cut his riding gear off him? I'd definitely lie to protect the sport we all love but I'm just trying to figure out if that's always an option. And if it is found out that you've lied to the insurance company, is that insurance fraud?
As other posts have said...

Ride in an Ambulance or let then EMT's get involved?

Entirely different story.

My bad.

I owe you -1- Stella.

Redeemable at The Meeting of Moto-Geeks at The Shoug.
Sunhouse
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Sunhouse 3/10/2015 12:14pm
3/10/2015 12:14pm
JaredPartridge wrote:
After Jason broke his back, our dad never let an EMT touch us at the track. He'd carry us back to the truck if we couldn't...
After Jason broke his back, our dad never let an EMT touch us at the track. He'd carry us back to the truck if we couldn't walk and drive us to the hospital. I broke my wrists 4 times within 3 years, and somehow I always managed to fall out of that same damn tree. Insurance is a bitch. When I went in for knee surgery, from an injury that was 4 years old, they wanted to know if they could go after anyone else to cover the claim as well. "Nope, did it in the desert by myself". Knowing the Lichtles from the amateur scene and spending a bunch of time together back then makes me think its not them making this call.
Just a friendly tip, provided I read your post the right way. Posting stories of insurance fraud under full name is not a good idea.
I´ve had several clients put in jail with large fines in similar cases. I doubt they would view it as anything else under US law from my experience
BAMX
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BAMX 3/10/2015 1:30pm
3/10/2015 1:30pm
Aceofspades wrote:
I wish we had a "loser pay" tort system, and youd see no more of these lawyer-driven, hail mary lawsuits.
Grieby54 wrote:
Yup. If the loser had to pay all court fees and "reparation" for the defendant's time, I imagine these would be much fewer and further in...
Yup. If the loser had to pay all court fees and "reparation" for the defendant's time, I imagine these would be much fewer and further in between.
You say that until you loose a case on a technicality and end up owing some huge corporation hundreds or thousands of hours of lawyers fees at $500 an hour.
kiwifan
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kiwifan 3/10/2015 1:39pm
3/10/2015 1:39pm
GuyB wrote:
I hear rumblings that Josh Lichtle's family has filed a lawsuit over his death from a heat stroke a few years ago, and it sounds like...
I hear rumblings that Josh Lichtle's family has filed a lawsuit over his death from a heat stroke a few years ago, and it sounds like they're using a shotgun approach. Among those rumored to be named in the suit are MX Sports, Red Bud, Yamaha, his gear company, and riders who participated that day.

It's sad to see him gone, but that might be equally sad. Motocross is a tough sport. Preparation is key...both for your equipment and yourself. There's always a big element of personal responsibility, but decisions made while overheated (do I keep going or not?) might not be rational. Kind of like Tixier's reaction to being told he couldn't continue racing last weekend.
I think its damn sad that a family chooses to sue all those mentioned because of his death, doesnt every rider sign a no waiver form before racing...surely that excludes the said parties from litigation?

I wonder whether all riders will now be forced to wear camelbacks if its a hot day?
Brent
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Brent 3/10/2015 2:09pm
3/10/2015 2:09pm Edited Date/Time 3/10/2015 2:17pm
Filing a lawsuit is one thing, but getting the go ahead from a judge is another. This is all for insurance settlement dollars.

The Lichtle family should be ashamed of themselves for allowing this to go forward, no one forced Josh to race motocross.

I feel for their loss, but this is a risk sport, the participants go in knowing this. The "not of their right mind" excuse/defense can only go so far.
bents
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bents 3/10/2015 9:40pm
3/10/2015 9:40pm
Another part to this that is so sad is the fact that followings Josh's death, his family brought an increased awareness of heat related dangers to the races and the industry stepped up to support them in this cause, no? I so admired their response to this tragedy and how they turned something positive out of something so so bad.

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