OGDEN -- For Eric Stine, the death of a friend while riding a motorcycle still makes him teary-eyed. It also makes him more determined.
"We're tired of people dying," said Stine, an Ogden resident and avid biker for most of his life.
Stine, Ogden's Stephen Thompson and others are lobbying lawmakers for a change in Utah law they hope will raise awareness about a problem that plagues motorcyclists and often kills them: Left hand turns in which drivers ignore oncoming traffic.
The result: Bikers are more likely to die in the resulting crash, and drivers are ticketed.
"At the very most, they typically get a failure to yield ticket and pay a $90 fine," said Thompson, who is a chapter president in a statewide motorcycle rights organization.
Among the possibilities they hope will be explored are giving judges the option to hand out a full range of penalties for failure to yield the right of way, everything from bigger fines and stiffer penalties to revocation of a driver's license.
They note that in any one year those problematic left turns can be a top contributor to motorcycle fatalities in Utah, according to statistics his group gathered from state agencies.
An example Stine points to is 32 percent of drivers who hit motorcyclists in 2008 were turning left. Other numbers from the Utah Department of Public Safety show three motorcyclists from the Top of Utah were killed in crashes through August of this year.
One of those fatalities was Ken Cox, the Weber County man that Stine gets openly emotional about as he describes his motivations for working on a legal change.
"He was 64, going to retire in February, and leaves behind two sons, a daughter and a wife." Stine said.
Stine and Thompson, as Utah ABATE members, have spent years volunteering at Top of Utah schools to talk about motorcycle safety.
They tell schoolchildren a car crash with another vehicle is survivable, but the same scenario with a motorcycle often means a funeral for another biker.
The ABATE leaders make it clear they want awareness first, and secondly, better tools for law enforcement to apply enhanced penalties where needed.
"We don't want to be a protected class in any way, shape or form," said Thompson.
More than a dozen states have laws or have considered legislation similar to what ABATE is suggesting Utah lawmakers consider.
Rep. Ronda Rudd Menlove, R-Garland, has met with the group leadership and is considering the legislation.
"Based on the information they have provided to me, this is something we need to have a discussion about," Menlove said on Friday.
Thompson and Stine said they have also met with some prosecutors as they work to get support for their cause. It is possible the legislation could be ready for the 2011 session, but Menlove said it was too early to talk about the reality of that step.
Stine said his group has experience at lobbying for, or against, legislation; they know the process can be swift, deliberative or even downright slow.
But simmering on their agenda is the need to help avoid what they firmly believe is another needless death on the road.
Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.
Another motorcycle crash occurred in South Salt Lake City on August 25, 2010. The crash involved a motorcycle and an SUV and of course the motorcycle rider was critically injured. Police say that the motorcycle and SUV were heading north on 900 West near 2300 South when the impact occurred.The 50-year-old man driving the motorcycle was life-flighted to a local hospital where he was listed in critical condition.
This crash, and another crash reported in Provo Canyon on the same day, were both reported by KSL television, and both stories make a point of mentioning that both injured riders were not wearing helmets. I often find it interesting why the press persists in reporting crashes where the motorcycle rider is not wearing a helmet. As long the motorcycle riders over 18 years old he or she is not required to wear a helmet in the State of Utah. That is a law!
Perhaps the media is trying to create a debate about the pros and cons of a mandatory helmet law in the State of Utah. If that is what the press is trying to do they should do so in an editorial format and invite dialogue from the interested parties. Simply persisting in reporting that victims of motorcycle crashes were not wearing helmets and therefore following the law is like blaming an attractive woman for getting raped. The attractive woman is doing nothing unlawful and neither is the motorcyclist. Not too long ago, in a typical rape trial, the defense would want to blame the victim of the rape. That "blame the victim" mentality led to the creation of rape shield laws to protect the victim. With motorcyclists and helmet use the media is engaging in what appears to be "blaming the victim" type reporting. The motorcyclist is doing nothing wrong by not wearing a helmet in the sense that he is following the law.
The pros and cons of introducing mandatory helmet laws should be discussed in a rational and upfront manner. I can tell you from a motorcycle lawyer's perspective that "blaming the victim" makes it very difficult to get fair compensation for injured motorcycle riders in the state of Utah.
Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.
Sometimes a Motorcycle Lawyer has to Sue a Fellow Biker
Written by George Tait
Saturday, 04 September 2010 12:47
On August 25, 2010 there was a motorcycle crash in Provo Canyon that killed the driver and seriously injured his passenger. The Utah Highway patrol reports that the motorcycle was weaving in and out of traffic on east-bound State Rout 189. Apparently the motorcycle attempted to pass a car on the right and struck the rear right bumper sending the motorcycle into the guardrail.
The motorcycle passenger was thrown over the guard rail and into the opposite lane. She is taken to the hospital with several broken bones but was expected to probably recover from those injuries. The motorcycle driver, Wesley Moore of Corrine, was life-flighted to the University of Utah Hospital in Salt Lake City where he later died from his injuries.
In this case the passenger appears to have a valid claim against the motorcycle driver. It appears that the motorcycle driver may have been reckless in perhaps speeding and/or making improper lane changes. Just like in a car accident when a passenger is injured the same applies to a motorcycle crash. The passenger can sue the motorcycle driver for causing her injuries. Furthermore, if the motorcycle driver has inadequate insurance to cover all of her injuries she may, if she has adequate insurance, turned to her own policy coverage for underinsured and/or uninsured coverage.
This is a very unfortunate incident for all involved. A motorcycle lawyer's job is to make sure that his clients are compensated to the full extent of the law. Nothing more, nothing less. Oftentimes injured motorcycle drivers and their passengers are not aware of all to which they are entitled. People injured are entitled to past medical costs, future medical costs, lost wages, future lost wages, decreased earnings capacity, household services, and of course compensation for their pain and suffering.
Utah Bike Law and its lawyers are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions about your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.
Under its Motorcycle Law Enforcement Demonstration grant program, the NHTSA will award up to $350,000 in total to be divided among as many as five law enforcement agencies to set up traffic checkpoints that target motorcyclists. The AMA questioned the potential discriminatory and legal nature of the program and sent a list of questions for clarification to the New York State Police. To date, New York authorities have not responded.
My recall of constitutional law and specifically the First Amendment protects the right to freedom of religion and freedom of expression from government interference. Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.
The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group.
In essence I think the federal government is profiling motorcycle riders. Profiling can be defined as the extrapolation of information about something, based on known qualities. So if the hangover impression is that all motorcyclists are drunkards or drug-abusers the government is profiling motorcyclists because they presume that all motorcyclists meet this profile. There is little doubt in my mind that police are specifically targeting motorcyclists at motorcycle events to see if they have been drinking and arrest those who have thereby decreasing motorcycle crashes. That is profiling!
Why should I, a law-abiding tax-paying citizen, have to put up with infringements of my freedom? When I assemble with other motorcyclists it is not for an unlawful purpose. To the contrary, it is usually to raise money for deserving charities. To be pulled over because I am a motorcyclist is not right and should be halted immediately.
A motorcyclist profiling check-point was implemented this past spring at Miller Motor Sports Parkway where the entire world watched while police stopped only motorcyclists leaving the World Superbike Championships. That left a bad taste in the mouths of local notorcyclists and showed the world that teh United States is willing to profile its own citizens.
I have been a motorcycle rider for over 30 years and have also been a registered nurse.My law practice focuses on representing injured and killed motorcycle riders and their families.We can help you with medical bills, getting your bike fixed and getting you the money you deserve from the person that caused the crash. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.
Biases exist - this is a simple fact. We need not review all of the civil rights movement to appreciate the fact that a lot of people harbored biases and prejudices based on race. But what about motorcyclists?
Let's define what we are talking about. An excellent definition of "bias" is 'a partiality that prevents objective consideration of an issue or situation.' An excellent definition of "prejudice" is ' injury or damage resulting from some judgment or action of another in disregard of one's rights especially detrimental to one's legal rights or claims.'
So it appears that a bias is something that slants one's perspective from what it otherwise might be without the bias. A person may or may not be aware that they are biased. Biases are not necessarily bad. For example I do not like oranges and prefer apples. I am biased against oranges - so what - no harm no foul.
Prejudice, on the other, is the purposeful implementation of biases that casue some harm to another person. I do not like ___________ fill in the blank characteristic - so far no harm - no foul. But if you put that belief into action meaning to harm the person with that characteristic you are practicing prejudice. Furthermore, if you engage in that prejudice to deprive some person of their legal rights you are practicing the worst kind of prejudice.
There is no doubt in my mind that biases and prejudices exist against motorcyclists in Utah. For a quick glimpse into the minds of prejudiced people simply read the anonymous comments to a news article on the web discussing a motorcycle crash.
Not too long ago there was a crash on the freeway where a motorcyclist struck a recliner chair that had fallen off a truck. The comments on my blog post are somewhat sympathetic to the motorcycle crash victim but the people making those comments are partial to motorcycle riders. After all they are reading a post on a motorcycle lawyer's website. The comments on the KSL article, although somewhat sympathetic, chastise the motorcycle rider for having a small child passenger, following a truck, being on the freeway at all etc. etc. If you keep reading the comments you would think the majority think it was the motorcyclist's fault for crashing at all.
There is also another bias and prejudice out there. That against personal injury lawyers. With all of the propaganda spewed by the insurance industry one might think that all personal injury lawyers are greedy callous people interested in nothing more than making themselves the most money they can. I am a personal injury lawyer and I am damn proud of that. People come to me having been injured by the negligent acts of others. The doctor's job is to repair the person physically. My job is to repair the person and their family financially. We personal injury lawyers engage in battle with the best financed adversaries in the business - defense lawyers on insurance company payrolls.
Biases and prejudices can be overcome but it takes a tenacious lawyer and one willing to go to battle to fight the fights that must be fought.
Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.
We are seeing more and more motorcycle crashes that result when the motor vehicle driver is using their handheld wireless communication device. I said 'handheld wireless communication device' because that is the term used in Utah Code Section 41-6a-1716 that makes texting while driving a criminal offense.
Utah Code Section 41-6a-1716 states:
Prohibition on using a handheld wireless communication device for text messaging communication while operating a moving motor vehicle -- Penalties. (1) As used in this section: (a) (i) "Handheld wireless communication device" means a handheld device used for the transfer of information without the use of electrical conductors or wires. (ii) "Handheld wireless communication device" includes a: (A) wireless telephone; (B) personal digital assistant; (C) pager; or (D) text messaging device. (b) "text messaging" has the same meaning as defined in Section 76-4-401. (2) Except as provided in Subsection (3), a person may not use a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state. (3) Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle: (a) during a medical emergency; (b) when reporting a safety hazard or requesting assistance relating to a safety hazard; (c) when reporting criminal activity or requesting assistance relating to a criminal activity; (d) when providing roadside or medical assistance; or (e) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment. (4) A person convicted of a violation of this section is guilty of a: (a) class C misdemeanor; or (b) class B misdemeanor if the person: (i) has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device for text messaging or electronic mail communication while operating a moving motor vehicle on a highway in this state; or (ii) has a prior conviction under this section, that is within three years of: (A) the current conviction under this section; or (B) the commission of the offense upon which the current conviction is based.
This specific code section makes only texting while driving a criminal act. It makes no mention of speaking on a phone while causing a crash. Almost every week in my practice we receive a call from a victim of a crash that was caused by a person while they were talking on their phone. Maybe it is about time that we took distracted driving seriously in the state of Utah!
Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City.
Calling All Utah Motorcycle Riders - Call Your Senators
Written by George Tait
Sunday, 21 February 2010 14:22
Some time ago I blogged about a piece of obscure Utah legislation proposed by Rhonda Menlove that intended to encourage motorcycle riders to wear helmets. The bill seemed harmless at the time and a rather benign way to encourage helmet use. The bill, in its original format proposed a $10 reduction of certain highway tickets if the offending motorcycle rider was wearing a helmet.
House Bill 93 was titled MOTORCYCLE AND OFF-HIGHWAY VEHICLE AMENDMENTS and was recently amended to add a vary important aspect. The amendment adds to the language of the bill stating:
... provides that the failure to wear protective headgear: does not constitute contributory or comparative negligence on the part of a person seeking recovery for injuries; and may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or the mitigation of damages; ...
This means that insurance companies can no longer claim in court that an injured motorcycle rider who is not wearing a helmet caused his own injury. In Utah we have what is called contributory negligence where a judge must reduce the injured person's monetary recovery by the amount of negligence determined by the jury. If the jury determines that the injured motorcycle rider was more that 50% negligent for not wearing a helmet the injured rider will receive nothing at trial. If the jury determines that the injured rider is 30% negligent the judge will reduce the recovery by 30%.
This bill stops the insurance company lawyers from penalizing the injured rider for following the law - that is riding without a helmet. In other words an injured motorcycle rider should not be penalized for following the law and choosing to ride without a helmet.
Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City.
New Motorcycle in 2009? Do Not Forget Your Tax Break
Written by George Tait
Wednesday, 17 February 2010 00:00
Taxpayers who purchased a new car, motorcycle, light truck or mobile home on or after February 17, 2009, and before January 1, 2010, can deduct sales taxes for the first $49,500 of the purchase price. You don't need to itemize to claim this deduction.You can claim the sales-tax deduction even if you participated in the federal "cash-for-clunkers" program, says Amy McAnarney, executive director of H&R Block's Tax Institute.
The AMA (American Motorcyclist Association) has a good review of the law regarding this tax deduction. In speaking with my accountant the deduction is legitimate and welcome. If you are having your taxes done by someone else or you are doing them yourself do not forget this deduction!
Douglas Scholes of Hurricane Utah was killed in a motorcycle crash earlier this year. St. George police have recently cited an Ivins Utah woman for an unsafe lane change in connection with the fatal motorcycle crash. It appears that Scholes was attempting to pass the woman's vehicle when she made the improper lane change to her right and Scholes was unable to avoid the car and crashed into her right rear wheel. There were apparently reports that Scholes' speed was excessive but that might be explained by his attempt to avoid the oncoming car. Scholes was not wearing a helmet at teh time of teh motorcycle crash and was killed in the crash.
I am often infuriated by reports where the motorcycle is injured or killed and reported not to be wearing a helmet. Reports like this appear to put the blame on the motorcycle rider becasue the article infers that had Scholes been wearing a helmet everything would have been fine. First and foremost wearing a helmet in Utah while riding a motorcycle is only required for those riders less than 18 years of age. In other words Scholes was following the law by not wearing a helmet! In this case it appears that the woman caused the crash and she should be held responsible for not keeping a lookout to where she chose to guide her vehicle.
Utah Bike Law is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions about your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
Salt Lake City Driver Charged with Negligent Homicide of Motorcycle Rider
Written by George Tait
Monday, 27 July 2009 00:00
Salt Lake City prosecutors filed negligent homicide charges against Angelica Lopez this past week. On July 28, 2007 Jerry Layne was riding his motorcycle on 700 East when Lopez came through a red light on 800 South crashing into Layne. Lopez claims that she had taken her vehicle in to have the brakes fixed but the mechanic had to order some parts. Lopez drove the vehicle anyway apparently knowing that the brakes were in poor working order. The Salt Lake Tribune reports that at the scene of the crash Lopez claims her brakes did not work.
Negligent homicide is a class A misdemeanor under Utah Code section 76-5-206. Lopez appears to have known that her brakes were not working properly and decided to drive her vehicle regardless. This is the same principal that applies to persons who drive their vehicles with known medical issues. If a diabetic does not properly care for himself and lapses into a diabetic coma while driving and kills someone he may be prosecuted for negligent homicide because he negligently cared for his knowing diabetic condition. On the other side of the coin is a person driving a vehicle has a sudden heart attack while driving and kills someone they will probably not be charged with negligent homicide because they probably did not know they were going to have a heart attack.
The real questions is whether this charge of negligent homicide is enough. I have written before about a case where a woman painting her nails while driving her car ploughed into the back of a motorcycle rider while at a stop sign killing the motorcycle rider. For these cases a charge of negligent homicide just does not seem to be enough. Granted, there was probably no intent to kill by either the nail-painting woman or Ms. Lopez in this case but is it enough just to have no intent. Let's say you have a pistol, loaded, no safety on and leave it in a playground of children. One of the children pick up the pistol, pulls the trigger... Shouldn't the person who placed the pistol in the playground be found guilty of more than negligent homicide? A vehicle with faulty brakes is a dangerous weapon just like the loaded pistol - at least in my opinion!
Last Friday a jury in Monterey County California ordered the state to pay $8.6 million to a motorcycle rider who was severely injured when he crashed into a herd of wild boar on a state highway in 2003. Adam Rogers will receive the money because his lawyer successfully argued that highway officials knew that wild pigs regularly crossed a stretch of highway 1 just south of the Carmel River. Knowing that the pigs repeatedly crossed at this location and doing nothing to prevent their crossing or to provide for alternative safe crossing points the officials allowed a dangerous situation to continue.
Rogers, a 45-year-old former karate teacher and champion kick-boxer, suffered serious injuries and is now confined to a wheelchair. He and his wife sued the state Department of Transportation in Monterey County Superior Court. Most of the $8.6 million award will go toward Rogers' medical bills. Rogers requires around-the-clock care and won't walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle. Rogers' wife, Kristin Finn, also was awarded $500,000 for "loss of consortium."
When someone knows or should know that they are allowing a dangerous condition to exist which will more likely than not place someone, through no fault of their own, to become the victim of a crash they should be held liable. The seemingly staggering sum is not all that staggering when one considers that the victim here is now crippled for life and will require care for the rest of his life. All of htis simply becasue noone chose to take responsibility and make sure the wild pigs and motorcycle riders would both be safe.
The loss of consortium claim is a seperate claim made by Mr. Rogers' wife. It is a seperate and independent claim against the state in negligence for causing her the loss of companionship and intimacy of her husband. It is compensation for the loss of companionship and intimacy now and in the future. Loss of consortium is recognized as a seperate claim in Utah as well.
The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group.
Department of Transportation in Monterey County Superior Court. Most of the $8.6 million award will go toward Rogers' medical bills. Rogers requires around-the-clock care and won't walk again. He said he still suffers from gaps in memory as a result of massive head injuries he suffered when he was thrown from his motorcycle. Rogers' wife, Kristin Finn, also was awarded $500,000 for "loss of consortium."