Law Suits & Racing...

TeamGreen
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Edited Date/Time 3/10/2015 8:35pm
Let me get this straight? We're suing the people that promote & provide us with races? Suing other racers? Suing the Sponsors?

Something happens on a RACE TRACK...a track worker runs across the track. Maybe a camera-man does. A rider cartwheels a triple. Two riders collide. A race dad punches another race dad. Etc., etc., etc. ...

Then, you get what we have with Josh Lichtle: a rider dies while racing.

One of the saddest days I can think of at a National.

I truly don't understand how we don't realize that THIS IS MOTOCROSS RACING.

Worse, yet? In the vast majority of these cases, it's some sort of self-inflicted injury...or worse...

As I've said, else-where.

It's all just Sad.
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mx836
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3/10/2015 10:39am
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's the norm for insurance companies to sue for anything and everything.
Grieby54
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3/10/2015 10:41am
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a duplicate topic just so their opinion is a bit louder.
mxfiend
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3/10/2015 10:56am
Grieby54 wrote:
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a...
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a duplicate topic just so their opinion is a bit louder.
That is weird that some vitards come in to a topic and dont add any value to said topics they just want to be seen and heard.
Back on track though... the sense of personal responsibility is all but gone nowadays but what is on the rise is the sense of entitlement .
Underdog999
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3/10/2015 11:06am Edited Date/Time 3/10/2015 11:07am
mx836 wrote:
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's...
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's the norm for insurance companies to sue for anything and everything.
It's almost always the insurance company behind it. Not usually just a moto person who is greedy.

I really dislike the insurance industry, in general. There are some good people who are in insurance, but the way they have a grip on our justice and health systems really bothers me.

The Shop

Grieby54
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3/10/2015 11:15am
Grieby54 wrote:
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a...
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a duplicate topic just so their opinion is a bit louder.
mxfiend wrote:
That is weird that some vitards come in to a topic and dont add any value to said topics they just want to be seen and...
That is weird that some vitards come in to a topic and dont add any value to said topics they just want to be seen and heard.
Back on track though... the sense of personal responsibility is all but gone nowadays but what is on the rise is the sense of entitlement .
Hard to bring value to a topic that, itself, has no value.
mx836
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3/10/2015 11:16am
It's almost always the insurance company behind it. Not usually just a moto person who is greedy. I really dislike the insurance industry, in general. There...
It's almost always the insurance company behind it. Not usually just a moto person who is greedy.

I really dislike the insurance industry, in general. There are some good people who are in insurance, but the way they have a grip on our justice and health systems really bothers me.
Absolutely. The whole industry is one major scam. Whether it be auto, health, whatever. Hate them all.
mx836
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3/10/2015 11:17am
Grieby54 wrote:
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a...
Weird... I could swear I saw this very topic on the first page. I must be imagining things because Vital members aren't known for starting a duplicate topic just so their opinion is a bit louder.
mxfiend wrote:
That is weird that some vitards come in to a topic and dont add any value to said topics they just want to be seen and...
That is weird that some vitards come in to a topic and dont add any value to said topics they just want to be seen and heard.
Back on track though... the sense of personal responsibility is all but gone nowadays but what is on the rise is the sense of entitlement .
Grieby54 wrote:
Hard to bring value to a topic that, itself, has no value.
There have been less GP threads this week and therefor less stupid posts from the Brits. Let's not try to fill their void. Laughing
Underdog999
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3/10/2015 11:17am
It's almost always the insurance company behind it. Not usually just a moto person who is greedy. I really dislike the insurance industry, in general. There...
It's almost always the insurance company behind it. Not usually just a moto person who is greedy.

I really dislike the insurance industry, in general. There are some good people who are in insurance, but the way they have a grip on our justice and health systems really bothers me.
mx836 wrote:
Absolutely. The whole industry is one major scam. Whether it be auto, health, whatever. Hate them all.
I am with you on this!
Berm
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Fantasy
3/10/2015 11:32am
You make it sound like they got the money already.

Everyone should have the right to sue; without it, many problems could go unchecked.

Anytime someone sues someone else (or some entity), they are suing someone who provided them a service (or disservice), so your argument that they provide the track doesn't make much sense. That is literally in the requirement of a suit, that a service (or disservice) took place.

Yes it is motorcycle racing, and it is dangerous, but that doesn't mean the entities in charge have no responsibility to reduce that danger. If their suit can prove other parties were acting irresponsibly, then they should be held accountable. It doesn't matter that you don't think they can prove it, they have every right to tell their story. And in the end, if they can't show their suit has merit, they won't get a dime.
TeamGreen
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3/10/2015 11:43am
Berm wrote:
You make it sound like they got the money already. Everyone should have the right to sue; without it, many problems could go unchecked. Anytime someone...
You make it sound like they got the money already.

Everyone should have the right to sue; without it, many problems could go unchecked.

Anytime someone sues someone else (or some entity), they are suing someone who provided them a service (or disservice), so your argument that they provide the track doesn't make much sense. That is literally in the requirement of a suit, that a service (or disservice) took place.

Yes it is motorcycle racing, and it is dangerous, but that doesn't mean the entities in charge have no responsibility to reduce that danger. If their suit can prove other parties were acting irresponsibly, then they should be held accountable. It doesn't matter that you don't think they can prove it, they have every right to tell their story. And in the end, if they can't show their suit has merit, they won't get a dime.
While you are correct; there-in, lies the rub...

I'm quite sure you mean to Imply that the suing parties are "reasonable".

dkg
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Rancho Cucamonga, CA, USA
3/10/2015 12:00pm
mx836 wrote:
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's...
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's the norm for insurance companies to sue for anything and everything.
It's almost always the insurance company behind it. Not usually just a moto person who is greedy. I really dislike the insurance industry, in general. There...
It's almost always the insurance company behind it. Not usually just a moto person who is greedy.

I really dislike the insurance industry, in general. There are some good people who are in insurance, but the way they have a grip on our justice and health systems really bothers me.
Not to defend the insurance industry, I am just not convinced that an insurance company has a basis to sue for either wrongful death or personal injury.

I agree with the OP. Nothing other than sorrow associated with this event.
jstein639
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Victorville, CA, USA
3/10/2015 12:07pm
mx836 wrote:
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's...
It's sad either way, but if it's not the insurance company trying to sue, it's really sad. It's also sad that we are accepting that it's the norm for insurance companies to sue for anything and everything.
It's almost always the insurance company behind it. Not usually just a moto person who is greedy. I really dislike the insurance industry, in general. There...
It's almost always the insurance company behind it. Not usually just a moto person who is greedy.

I really dislike the insurance industry, in general. There are some good people who are in insurance, but the way they have a grip on our justice and health systems really bothers me.
dkg wrote:
Not to defend the insurance industry, I am just not convinced that an insurance company has a basis to sue for either wrongful death or personal...
Not to defend the insurance industry, I am just not convinced that an insurance company has a basis to sue for either wrongful death or personal injury.

I agree with the OP. Nothing other than sorrow associated with this event.
Yeah I just looked it up and I dont think an insurance company can file a wrongful death suit. Maybe FTE would know for sure.
Bob693
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3/10/2015 12:11pm
Berm wrote:
You make it sound like they got the money already. Everyone should have the right to sue; without it, many problems could go unchecked. Anytime someone...
You make it sound like they got the money already.

Everyone should have the right to sue; without it, many problems could go unchecked.

Anytime someone sues someone else (or some entity), they are suing someone who provided them a service (or disservice), so your argument that they provide the track doesn't make much sense. That is literally in the requirement of a suit, that a service (or disservice) took place.

Yes it is motorcycle racing, and it is dangerous, but that doesn't mean the entities in charge have no responsibility to reduce that danger. If their suit can prove other parties were acting irresponsibly, then they should be held accountable. It doesn't matter that you don't think they can prove it, they have every right to tell their story. And in the end, if they can't show their suit has merit, they won't get a dime.
They might not "get a dime" but it cost the track owner thousands of dollars to prove they did nothing wrong. If it were loser pays, I'd be a ok with it, but lawsuits over bullshit can run someone out of business just trying to defend themselves.
mxb2
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3/10/2015 12:12pm
2015, when it doubt sue, sad day in society, godspeed josh, but the lawsuit is ridiculous.
Suns_PSD
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3/10/2015 12:16pm
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline.

That said, some sort of basic system that made the person doing the entity sueing responsible for some level of the defendents cost if the person sueing lost, would greatly reduce the number of frivolous lawsuits.
TeamGreen
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3/10/2015 12:20pm
Suns_PSD wrote:
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline. That...
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline.

That said, some sort of basic system that made the person doing the entity sueing responsible for some level of the defendents cost if the person sueing lost, would greatly reduce the number of frivolous lawsuits.
Isn't this how the English do it?
RPM68
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3/10/2015 12:21pm
Suns_PSD wrote:
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline. That...
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline.

That said, some sort of basic system that made the person doing the entity sueing responsible for some level of the defendents cost if the person sueing lost, would greatly reduce the number of frivolous lawsuits.
what he said.

I had a fellow try to sue me because he ran across the tracks and my buddy landed square on top of him. He was riding my bike so that put me responsible. They guy lost the settlement, but still, crazy stuff happens these days.
Racerx930
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3/10/2015 12:48pm
I'm involved in 2 law suits currently. The very first weekend we opened we ran a UTV race. A UTV rider flipped it on finish line and broke his neck. He landed right on his roof off of a jump and the cage crashed in on him. While he did not sue us at the track he literally sued just about everyone else. I'm getting subpoenas left and right.

I've also had to sue someone for the first time in my entire life. An unhappy neighboring land owner exhausted all legal measures of shutting our facility down. At this time they asked if we would consider selling. We negotiated a lease buyout, and agreements were made for them to purchase the land (we were just tired of fighting). Earlier this month they executed 6 of 7 provisions in our contract and gave us a 30 day notice to be off the property. They claim we've broken our lease by having a large burn / brush pile.
newmann
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3/10/2015 12:52pm
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of the same people wouldn't hesitate to say "lawyer up" at the drop of a hat if someone's car got run into. Also I've seen plenty of people here speak of committing insurance fraud like it is no big deal yet speak of the insurance companies as if they are the devil. Fickle bunch....

That was a sad day for the sport and an equally sad one when lawsuits were filed. Good way to drag Josh's name through the dirt.

Oh, and many insurance companies do suck. Newmann out.
Grieby54
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3/10/2015 1:00pm
newmann wrote:
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of...
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of the same people wouldn't hesitate to say "lawyer up" at the drop of a hat if someone's car got run into. Also I've seen plenty of people here speak of committing insurance fraud like it is no big deal yet speak of the insurance companies as if they are the devil. Fickle bunch....

That was a sad day for the sport and an equally sad one when lawsuits were filed. Good way to drag Josh's name through the dirt.

Oh, and many insurance companies do suck. Newmann out.
Like.
mx836
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3/10/2015 1:04pm
newmann wrote:
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of...
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of the same people wouldn't hesitate to say "lawyer up" at the drop of a hat if someone's car got run into. Also I've seen plenty of people here speak of committing insurance fraud like it is no big deal yet speak of the insurance companies as if they are the devil. Fickle bunch....

That was a sad day for the sport and an equally sad one when lawsuits were filed. Good way to drag Josh's name through the dirt.

Oh, and many insurance companies do suck. Newmann out.
People commit "insurance fraud" because insurance companies are the devil. Doesn't matter how you're injured, they need to pay up. Also, it's to protect the tracks and sport we love. I'm sure nobody is happy about telling a little fib, but are doing it for good reasons.
jstein639
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3/10/2015 1:13pm
Suns_PSD wrote:
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline. That...
Lawsuits due serve an important purpose. Without them for profit companies would commonly do things that were dangerous to the public to improce their bottomline.

That said, some sort of basic system that made the person doing the entity sueing responsible for some level of the defendents cost if the person sueing lost, would greatly reduce the number of frivolous lawsuits.
There are things in the legal system that can make the plaintiff pay the defendants legal fees.
Sunhouse
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3/10/2015 1:36pm
newmann wrote:
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of...
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of the same people wouldn't hesitate to say "lawyer up" at the drop of a hat if someone's car got run into. Also I've seen plenty of people here speak of committing insurance fraud like it is no big deal yet speak of the insurance companies as if they are the devil. Fickle bunch....

That was a sad day for the sport and an equally sad one when lawsuits were filed. Good way to drag Josh's name through the dirt.

Oh, and many insurance companies do suck. Newmann out.
mx836 wrote:
People commit "insurance fraud" because insurance companies are the devil. Doesn't matter how you're injured, they need to pay up. Also, it's to protect the tracks...
People commit "insurance fraud" because insurance companies are the devil. Doesn't matter how you're injured, they need to pay up. Also, it's to protect the tracks and sport we love. I'm sure nobody is happy about telling a little fib, but are doing it for good reasons.
So everyone else needs to pay higher insurance premiums because some people won´t pay up to have the risks they put themselves through on the weekend insured properly - subsequently committing crime to get money they are not entitled to. How about people either accept the risks involved, study the selected insurance policy, or face the fact that maybe an injury riding motocross is too expensive for them.

You can always give the insurance business a go, and try out the "always pay up" hypothesis. Add on a mild estimate of 10% increase in fraud towards your company as the risk of getting caught is zero, as you will always pay up. Good luck
Team Ideal
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3/10/2015 2:09pm
jstein639 wrote:
There are things in the legal system that can make the plaintiff pay the defendants legal fees.
we were going to do that when we were sued for basically nothing, when it was obvious to the lawyers that they had nothing on us I told our lawyer we wanted them to pay all cost if they kept pushing, guess what I was told...you guessed it, we'd have to sue them to make them pay.

our system is really fucked up, I could sue you tomorrow for a story I made up and it would cost us each thousands and there would be nothing you could do about it unless you sued me back. pretty fucked up.

IMO this is nothing more than a money grab by some party, it will all settle out of court because it will be cheaper than paying attorney fees.
mx836
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3/10/2015 2:14pm
newmann wrote:
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of...
What I find amusing here on Vital(not necessarily this thread) is how quick people are to jump up and scream "track suing scum" yet many of the same people wouldn't hesitate to say "lawyer up" at the drop of a hat if someone's car got run into. Also I've seen plenty of people here speak of committing insurance fraud like it is no big deal yet speak of the insurance companies as if they are the devil. Fickle bunch....

That was a sad day for the sport and an equally sad one when lawsuits were filed. Good way to drag Josh's name through the dirt.

Oh, and many insurance companies do suck. Newmann out.
mx836 wrote:
People commit "insurance fraud" because insurance companies are the devil. Doesn't matter how you're injured, they need to pay up. Also, it's to protect the tracks...
People commit "insurance fraud" because insurance companies are the devil. Doesn't matter how you're injured, they need to pay up. Also, it's to protect the tracks and sport we love. I'm sure nobody is happy about telling a little fib, but are doing it for good reasons.
Sunhouse wrote:
So everyone else needs to pay higher insurance premiums because some people won´t pay up to have the risks they put themselves through on the weekend...
So everyone else needs to pay higher insurance premiums because some people won´t pay up to have the risks they put themselves through on the weekend insured properly - subsequently committing crime to get money they are not entitled to. How about people either accept the risks involved, study the selected insurance policy, or face the fact that maybe an injury riding motocross is too expensive for them.

You can always give the insurance business a go, and try out the "always pay up" hypothesis. Add on a mild estimate of 10% increase in fraud towards your company as the risk of getting caught is zero, as you will always pay up. Good luck
I guess this thread isn't one for an insurance agent. I am properly insured. Spend A LOT of money on it, in which I don't see the return. My point was more about insurance agencies trying to sue the land owner of a MX track, which is complete bullshit.
#991
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3/10/2015 2:16pm Edited Date/Time 3/10/2015 2:18pm
jstein639 wrote:
There are things in the legal system that can make the plaintiff pay the defendants legal fees.
Team Ideal wrote:
we were going to do that when we were sued for basically nothing, when it was obvious to the lawyers that they had nothing on us...
we were going to do that when we were sued for basically nothing, when it was obvious to the lawyers that they had nothing on us I told our lawyer we wanted them to pay all cost if they kept pushing, guess what I was told...you guessed it, we'd have to sue them to make them pay.

our system is really fucked up, I could sue you tomorrow for a story I made up and it would cost us each thousands and there would be nothing you could do about it unless you sued me back. pretty fucked up.

IMO this is nothing more than a money grab by some party, it will all settle out of court because it will be cheaper than paying attorney fees.
K.I.S.S (Keep It Simple Stupid).

The Indians had it right. Any Issues. Just talk it out while sitting around a camp fire, smoking pipes

"What goes around comes around". Only winners of any law suit is the lawyers
Brent
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Temecula, CA, USA
3/10/2015 2:20pm Edited Date/Time 3/10/2015 2:20pm
TeamGreen wrote:
Let me get this straight? We're suing the people that promote & provide us with races? Suing other racers? Suing the Sponsors? Something happens on a...
Let me get this straight? We're suing the people that promote & provide us with races? Suing other racers? Suing the Sponsors?

Something happens on a RACE TRACK...a track worker runs across the track. Maybe a camera-man does. A rider cartwheels a triple. Two riders collide. A race dad punches another race dad. Etc., etc., etc. ...

Then, you get what we have with Josh Lichtle: a rider dies while racing.

One of the saddest days I can think of at a National.

I truly don't understand how we don't realize that THIS IS MOTOCROSS RACING.

Worse, yet? In the vast majority of these cases, it's some sort of self-inflicted injury...or worse...

As I've said, else-where.

It's all just Sad.
It is sad, but lets's not mince words, it is Chickenshit ducking of personal responsibility for one's own actions, for personal gain.

hillbilly
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3/10/2015 2:30pm
Link to the lawsuit cuz i aint seeing one.
500guy
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3/10/2015 2:43pm Edited Date/Time 3/10/2015 2:43pm
How stupid does suing the AMA or FIM to get 12 points that were never earned back sound now ?

People saying other moto people don't sue ? one of the top riders in the Sport throws it out there every time something happens.

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