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14 Triumph Street Triple R, 18 TM 450SMX sumo, 15 Husky 250SXF tard, 14 KTM 250SXF and Cole's Grom
LRRS/CCS #66
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I looked Yesterday (Today connection issue) on the WERA broad for this topic and I see no thread. ?
I would think that something of this magnitude would have its own thread on a national broad.
A lot of people talking it up as a looming apocalypse, but the last few times the world has nearly ended the cases either fizzled out or quietly came to the correct conclusion with no impact on the hobby, so I think there may be a bit of measured wait and see at play over there.
That wasn't confirmed, someone saw one page of the waiver without Rocco's name and made an assumption.
I assume the waiver protects the track from the rider injuring themselves and holding the track and promoter at fault.
So Rocco not signing shouldn't have any bearing on another rider getting injured and holding him responsible and suing him.
14 Triumph Street Triple R, 18 TM 450SMX sumo, 15 Husky 250SXF tard, 14 KTM 250SXF and Cole's Grom
LRRS/CCS #66
Thank you to my sponsors: Sidi / AMSOIL / Klutch Industries
If you look up the case in the Riverside Superior Court (CVRI2404163) you can see the full history. You have to pay to view the actual documents online unfortunately though (unless someone has any friends near Riverside CA who can visit the courthouse in person and then share the docs).
Rocco's legal team shared the original complaint from 07/22/2024.
There is an amended complaint from 09/30/2024.
Rocco's parents & racing team were removed from the suit a few weeks ago on 01/09/2026, after "ADR" (Alternative Dispute Resolution - I guess this means they partially settled?).
The roadracingworld article was published 01/16/2026.
Jury trial scheduled for 02/20/2026.
I wonder what's in the amended complaint.
https://epublic-access.riverside.cou...de/385/3159839
Knowing NOTHING about this, but a lot about ADR, my guess is that there was a mediation in which Rocco/Team and their insurer (if there even was one) put up the policy limit (if there even was one) or it became clear there were no meaningful assets to be chased. I'm assuming the former because they were removed. If nothing was offered, then the plaintiff would normally keep them in to eventually get a judgment, even if it could not be collected.
As an aside, is it common practice for racers to set up LLC's to protect their personal assets in the event of a suit, of are most amateur racers out there running with their personal assets exposed, relying on the "waiver" and the goodwill of their fellow racers?
The vast majority of us are not using LLCs.
Maintaining negative net worth is also effective!
From a business formation perspective, an LLC wouldn't make a whole lot of sense, IMO, unless the rider is producing income/ revenue from racing.
Losses/ zero revenue can be claimed for only so long before it runs the risk of financial scrutiny. Also, the formation of an LLC to be used as an insurance policy I'm pretty sure is not advisable
Track days are not racer practice.
2021 KTM Duke 890 R
2020 BMW R1250GS Adventure Exclusive
1982 Honda CB750F Super Sport
The accounting and tax implications of an llc are separate from it's legal protections.
If you put racing activities in an llc you may not be able to deduct the losses ( hobby loss rules) but if someone does sue, it may protect other personal assets.
Key Characteristics and Legal Standing:
Liability Shield: The SMLLC acts as a shield, ensuring that business liabilities, debts, or legal issues are generally the responsibility of the company, not the individual.
Legal Separation: As a separate legal entity, an SMLLC can own property, enter contracts, and sue or be sued.
"Disregarded Entity" Tax Status: The IRS typically treats an SMLLC as a "disregarded entity" by default, meaning profits pass through to the owner's personal tax return, similar to a sole proprietorship. However, it is still considered a separate entity for employment and excise taxes.
Optional Taxation: An SMLLC can elect to be taxed as a C corporation or S corporation by filing the appropriate forms with the IRS, allowing for different tax structures.
Maintaining Protection: To ensure legal separation, it is crucial to keep personal and business finances separate to avoid "piercing the corporate veil".
14 Triumph Street Triple R, 18 TM 450SMX sumo, 15 Husky 250SXF tard, 14 KTM 250SXF and Cole's Grom
LRRS/CCS #66
Thank you to my sponsors: Sidi / AMSOIL / Klutch Industries
I understand this view point, but my counter is that some track day orgs cater the racers, others less so, and you should find the one best suited for you. This is why I loved Cyclesmith/TTD and didn't ride with anyone else once I stopped racing. I was for sure in a different mindset in racer practice, penguin trackdays, or NYST days.
I think it should be self policed - if the track day org advertises and operates with this frame of mind (no racer practice), they should ask the guy the leave if he's violating the rules to protect their customers.
If the track day org is known to tolerate it, the rider should choose a different org., or pick a more appropriate class.
I don't think suing is should be the answer, but understand certain circumstances may support it.
I think the bar is really really high to sue for a crash at a track day; it would have to be malicious, with intent.
That is my general view point - I don't know the all the facts and circumstances to use it to pass judgement, not going to lay out a million scenarios of what I think is acceptable or not, just making a relatively blanket statement.
Last edited by JettaJayGLS; 01-27-26 at 12:10 PM.
A man of many names...Jay, Gennaro, Gerry, etc.
Yeah, I'm not advocating for the sue happy guy at all, just noting that there is a time and place for full send where you are crashing repeatedly, and it's not at a track day.
2021 KTM Duke 890 R
2020 BMW R1250GS Adventure Exclusive
1982 Honda CB750F Super Sport
My understanding is the guy is suing Rocco individually due to his negligence during a normal trackday. I've had my own close calls with other people on track both their fault and my own. While I'm thankful to have avoided contact with others, each situation has usually resulted in an apology and a different outlook on the risk me/they decide to take during a normal trackday. I understand that this happens and take this risk; I believe we all do. While I'm not sure exactly what happened at this particular trackday, I can understand the frustration of getting injured by someone who repeatedly made poor choices, but again, no idea what really went down that day. Logically, I would expect someone to choose to stop riding and inform track staff if they felt at-risk but maybe some of this isn't pointed out until after the fact.
I've also seen several paddock incidents happen that make me question what the outcome would be in a worse-case scenario. Both incidents involved wheelies in the paddock, which everyone knows is an absolute no-no. One incident resulted in someone looping their bike and luckily it didn't hit anybody or any property. If this person's bike slid into me/others/my dog/my property, I'm not sure what I'd do, especially if I was left footing the bill of their fallout.