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So who’s the promoter that leases the land and runs the track? Seems like that is the person that decided no more racing and is using the tragic accident as cover for his/their decisions.
Which if true, ironically could get them sued anyway…if they lied about the family suing and the family is now getting threatened/harassed as a result, I’d imagine they COULD sue for that.
Oh, and anyone who would threaten/harass the poor family of the deceased girl, even if they were suing, is a piece of shit of epic proportions. Unbelievable.
Well, actually, if the police department had traffic stops some miles up the road from where a driver crashes into you and kill your doughter, and in the controls they also did catch that same driver twice, and concluded he isn't suppose to be on the road, but let him go anyway instead of detaining, you would sue the police department or even the city for not keeping the roads safe.
That's kind of what happened.
That’s not at all what happened. The family hasn’t sued anyone. The track didn’t want to keep paying normal operating costs so they lied about being sued over a terrible tragedy, which is pretty shitty. They got caught lying and ran away with their tail between their legs
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No dude, you’re missing everyone’s argument here which is that little girl and her family took a risk the moment they stepped foot on that motocross track. It’s on them. Life sucks. Shit happens. You just put your head down and you just carry on. At least we know little Brooke probably died doing what she loved, right fellas?
That's kind of what happened in the way that the ones running the track should have taken that bike out of traffic.
You take calculated risks. That's not in the calculation, that people that is not allowed on the track is there causing this issue. Specially after being dismissed twice. I could maybe buy it if he was unknown, sneaked into it once and it happend right away.
It's like Nicky Lauda in formula 1 said, I accept 20% risk every time I step into the car, not more. That means you need to trust others to do their job. If they don't, that's not 20% risk anymore.
I don't agree in not suing. People need to take responsibility. Either through insurance or pay up.
If they would have fenced the tracks, this would not happend. One way in and out. If they would have banned the guy, would not have happend. If they would have had a person's at each track this would not have happend.
Making this a thing about not suing instead of looking at the gross negligence that happend is ass backwards.
It's like blaming the guy that gets hit by a drunk driver for being on the road at the same time as the drunk guy. It's not reasonable.
I think macduff was laying on some thick sarcasm.
It's been brought up here many times by myself and others. You mostly don't have a choice in suing a track if you have insurance. Your insurance company sues for cost recovery. I wouldn't be surprised if the helmet, boot, bike companies etc. were all being sued. A friend of mine went through that as a promoter. He was surprised at how far insurance companies will reach to recover their costs. In this case it seems Elsinore knew there was a problem and didn't fully handle it. Something like that really opens them up to a lawsuit. What a fucking mess. RIP Brooke.
Um, except for the fact that her family explicitly said they chose not to sue? And they did not hold fault with the kid that hit her? You might have missed that part.
Did you miss the part where you don't have a choice, it's up to the Insurance company.
Um, no, because this family is not suing! They had a choice, and they chose not to!
I didn't miss that part. Insurance companies will sue whether you want them to or not. It's called insurance subrogation.
The family can choose whatever they want it has no bearing. If the families insurance company paid a claim the insurance company can sue the track.
The lawsuit wouldn’t be the family vs lemx. It would be whatever the insurance provider was vs lemx (or whatever it’s operated under)
Yeah broski....that's not the way it works unfortunately.
Soggy bro explained it for you.
Yea - I get that and know that an insurance company can go after someone at fault, but - in this one single case, it has not happened! And the family said it is not going to happen. I am not talking about other situations, only this sad story from Lake Elsinore.
Except for there's no lawsuit filed against the track in Riverside County records, as per the article.
https://www.roadracingworld.com/news/no-motocross-lawsuit-found-in-rive…
Lots of sure sounding things being said here by some that just don't know for sure.
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Understood, we were kind of talking about two different things.
If the track made up a lawsuit as reason for closing that’s a despicable move, especially because the family is being harassed.
I’m not well versed enough in lawyering but could the supposed lawsuit be filed in a different court system?
Sounds like a good story for a moto journalist, a track shutting down that HAS the support of the local city, something you rarely hear.
Exactly my point!
It wouldn't be the track making up any stories, they've been putting all kinds of time and money into the place in the last few months. Why would they make an all new flat track if they were planning on bailing out? If anything, I think it would be the land owners wanting out. I also came across this. It says the lease is for 15 years starting back in 2011.
https://patch.com/california/lakeelsinore-wildomar/lake-elsinore-motocross-park-could-reopen-under-new-operator
And yeah, the lawsuit would definitely be filed in the county where the track is located.
PS. I don't have any facts, It's all guess work at this point. I do know first hand that the people running the track have puts tons of work into it recently, though.
I suppose you're not wrong.
But moto journalists cover the sport at a professional level, I don't know of any that cover the business dealings of local tracks or anything to do with local tracks for that matter.
The cruel irony here is that it was Roadracing World Magazine who broke the story - not a more traditional So Cal moto journalist like Swap, MXA or any of the Vital guys...
And RRW does not even really cover dirt bikes or dirt bike racing!
I say that with one caveat, they are based out of Lake Elsinore, so they are very local to the track...
Insurance subrogation is mostly insurance companies fighting over what insurance policy should have paid a claim. They're not filling wrongful death lawsuits and seeking big damages. From an insurance standpoint, death is pretty cheap unless someone has a large life insurance policy, so not going to be worth their time or effort even if there was someone to go after.
Subrogation always gets thrown out there as the source of plausible deniability in these situations and it almost never has anything to do with it. And when it is involved, unless you're way under insured, it's an issue for your insurance company to handle and not something that should break you. That's the point of having the insurance. Your ability to get insurance is a different story.
As someone who was heavily involved in road racing for nearly a decade, I can attest to the fact that Road Racing World Magazine has always done a phenomenal job of getting to the bottom of a story and not caring who gets offended when they report on it. No motocross media sources are even close. John Ulrich and his crew have always been top notch, and as a National Championship winning professional race team, their technical content is second to none.
For sure! Nothing but respect for John and his family, as well as his crew (Gougis). They are really good.
I just think its funny that with the amount of MX Media in So Cal, that it was a Road Racing publication that broke the story.
Not to mention RW is based in Elsinore. I'm sure they have their finger on the pulse.
I may be missing something here as I haven't seen any of the prior social media posts.
Is it possible that the land owner has terminated their contract because of this accident and the legal ramifications caused by it?
Is it possible that the land owner has said to Lake Elsinore management that they were being sued?
Would that not make the managements statements/reasons true as far as they know?
Factor in the lease expiring in 2026? and maybe the land owners want to get a head start on whatever's next. I don't know the truth but it doesn't seem like a crazy scenario to me
Another option is the family that owns the land is completely horrified by the whole situation and wants nothing to do with it anymore.
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