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 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.

On March 25, 2009 motorcycle enthusiasts filled legislative hearing rooms across Nevada in an effort to have the current motorcycle helmet law repealed.  The main battle is being fought in the Transportation Committee. One of the major arguments in favor of repealing the current helmet requirement focuses on preventing motorcycle accidents all together versus having safer crashes.  There was also explicit pleas from emergency room physicians and highway police to keep the helmet law in place.

Nevada bill AB 300 would repeal Nevada’s mandatory motorcycle helmet law for adults over the age of 21 who have completed a riding safety course and have at least one year’s worth of riding experience under their belts.  A lot of blogs are seeing this issue as a personal liberty issue.

Nevada has some of the most popular roads and byways for enjoying motorcycling.  Support for Nevada Bill AB300 is starting to experience a groundswell of support including West Coast Bikers and the issue is getting a lot of play in their forums.  What do you think - make a comment here and vote at my poll asking whether all motorcycle riders should be required by law to wear motorcycle helmets.

In the mean time the polititians continue to argue the pros and cons of repealing the motorcycle helmet requirement.

House Bill 158 received unanimous support in the transportation committee but was left on the table without being brought to the house for a full vote effectively leaving the current helmet laws unchanged.  The law would have required:

1. All motorcycle riders 21 years of age and younger to wear a full helmet. 
2. Defines a "full helmet"  as one that has a chin bar and eye protection. 
3. Passengers under 21, and drivers of any age if they have passengers under 21, to wear a helmet. 
4. Riders of any age operating on a learning permit to wear a helmet.
5. Helmet use for all riders in Utah's largest cities.

The legislative session in Utah is in full swing and it would not be complete without a representative wanting to bring forward a bill dealing with motorcycles.  House Bill 158 "Motorcycle Helmet Law Amendments", sponsored by Rep. Neil Hansen, D-Ogden is a bill, that if passed, would require:

1. All motorcycle riders 21 years of age and younger to wear a full helmet. 
2. Defines a "full helmet"  as one that has a chin bar and eye protection. 
3. Passengers under 21, and drivers of any age if they have passengers under 21, to wear a helmet. 
4. Riders of any age operating on a learning permit to wear a helmet.
5. Helmet use for all riders in Utah's largest cities.

It is reported by Standard.net/live that an Ogden businessman, Mr. Ray Kimber, brought the proposal to Hansen claiming that the bill targets locations and age groups in which motorcycle accidents happen most frequently.  Kimber cited statistics from 2006 that show nearly 73 percent of fatal motorcycle crashes in the state involved a vehicle turning left in front of the rider at an intersection. The same statistics show that the percentage of drivers in fatal crashes was highest among riders ages 15 to 24.

ABATE (American Bikers Aiming Toward Education) Utah is a group of motorcycle enthusiasts who states their goals as:

1. To assist in guarding the individual rights of all motorcyclists
2. Keep motorcyclists informed of laws that will help or hinder them
3. To promote safety, brotherhood and freedom for all motorcyclists, regardless of type, style or orgin of the motorcycle.

Ed Stein, education coordinator of ABATE Utah and a number of other bikers were in attendance at teh Friday committee meeting to voice their opposition to the bill.  ABATE said the focus of motorcycle safety should be on educating the public about watching for motorcyclists while driving.  "We believe in accident prevention, not safer crashes. Many sports and activities are more dangerous than motorcycle riding. We will never be able to legislate the risk out of living."  If 18-year-olds are mature enough to voluntarily sign up for war, they're old enough to choose what protective gear to wear during recreation, he said. 

The bill is currently in the House Transportation Committee where it was "tabled" and requires a two-thirds vote to bring it off the table and move forward.  Just before the bill was tabled Ronda Rudd Menlove, R-Garland proposed, and the committee unanimously passed, a proposal to reduce any fine by $10 to a motorcyclist that is wearing a helmet.

If you have any opinion on the pros and cons of these bills why not email the sponsors or committee members?

Last August there was a motorcycle crash on I-15 near Layton.  The motorcycle was driven by Jordan Creswell and his friend Bryant Mavretic was the passenger.  Reports at the time claimed the motorcycle was speeding and weaving in and out of traffic.  The inevitable happened anf the bike clipped the back of a vehicle sending both riders careening onto the pavement.

Deputy Davis County Attorney, Steve Major, filed negligent homicide charges against Creswell on January 28, 2009.  Negligent homicide is a misdemeanor punishible by up to a year in jail.  There are also three class B misdeameanor alcohol charges filed against Creswell.  There is a problem with the homicide charge - Mavretic was not dead.

As a result of the motorcycle crash Mavretic had head injuries and internal bleeding as a result of the crash and spent 4 days in the hospital.  Apparently Mavretic was amuzed after hearing of his demise. 

The National Highway Traffic Safety Administration (NHTSA) issues guidelines that are meant to influence each state's approach to managing traffic safety.  The federal government exercises some degree of power over state highway authorities by virtue of financing many of the highways in the state.  In essence the federal government says dance to our tune (implement these policies) or you will not get funding for your highways.  It is interesting to read these directives and then look to the state actions directed at motorcycle riders to get an idea of policy direction.  What I have reprinted below from the NHTSA are the directives for implementing the motorcycle safety program.

(November 2006) | PDF version for print

Each State, in cooperation with its political subdivisions and tribal governments and other parties as appropriate, should develop and implement a comprehensive highway safety program, reflective of State demographics, to achieve a significant reduction in traffic crashes, fatalities, and injuries on public roads. The highway safety program should include a comprehensive motorcycle safety program that aims to reduce motorcycle crashes and related deaths and injuries. Each comprehensive State motorcycle safety program should address the use of helmets (meeting Federal Motor Vehicle Safety Standard 218) and other protective gear, proper licensing, impaired riding, rider training, conspicuity, and motorist awareness. This guideline describes the components that a State motorcycle safety program should include and the criteria that the program components should meet.

I. PROGRAM MANAGEMENT

Each State should have centralized program planning, implementation and coordination to identify the nature and extent of its motorcycle safety problems, to establish goals and objectives for the State's motorcycle safety program and to implement projects to reach the goals and objectives. State motorcycle safety plans should:

II. MOTORCYCLE PERSONAL PROTECTIVE EQUIPMENT

Each State is encouraged to have and enforce a mandatory all-rider motorcycle helmet use law. In addition, each State should encourage motorcycle operators and passengers to use the following protective equipment through an aggressive communication campaign:

Additionally, each passenger should have a seat and footrest.

III. MOTORCYCLE OPERATOR LICENSING

States should require every person who operates a motorcycle on public roadways to pass an examination designed especially for motorcycle operation and to hold a license endorsement specifically authorizing motorcycle operation. Each State should have a motorcycle licensing system that requires:

IV. MOTORCYCLE RIDER EDUCATION AND TRAINING

Safe motorcycle operation requires specialized training by qualified instructors. Each State should establish a State Motorcycle Rider Education Program that has:

V. MOTORCYCLE OPERATION UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS

Each State should ensure that programs addressing impaired driving include an impaired motorcyclist component. The following programs should be used to reach impaired motorcyclists:

VI. LEGISLATION AND REGULATIONS

Each State should enact and enforce motorcycle-related traffic laws and regulations. As part of a comprehensive motorcycle safety program each State is encouraged to have and enforce a law that requires all riders to use motorcycle helmets compliant with the Federal helmet standard. Specific policies should be developed to encourage coordination with appropriate public and private agencies in the development of regulations and laws to promote motorcycle safety.

VII. LAW ENFORCEMENT

Each State should ensure that State and community motorcycle safety programs include a law enforcement component. Each State should emphasize strongly the role played by law enforcement personnel in motorcycle safety. Essential components of that role include:

VIII. HIGHWAY ENGINEERING

Traffic engineering is a critical element of any crash reduction program. This is true not only for the development of programs to reduce an existing crash problem, but also to design transportation facilities that provide for the safe movement of motorcyclists and all other motor vehicles.

The needs of motorcyclists must always be considered. Therefore, each State should ensure that State and community motorcycle safety programs include a traffic engineering component that is coordinated with enforcement and educational efforts. This engineering component should improve the safety of motorcyclists through the design, construction, operation and maintenance of engineering measures. These measures may include, but should not be limited to:

IX. MOTORCYCLE RIDER CONSPICUITY AND MOTORIST AWARENESS PROGRAMS

State motorcycle safety programs, communication campaigns, and State motor vehicle operator manuals should emphasize the issues of rider conspicuity and motorist awareness of motorcycles. These programs should address:

X. COMMUNICATION PROGRAM

States should develop and implement communications strategies directed at specific high-risk populations as identified by data. Communications should highlight and support specific policy and progress underway in the States and communities and communication programs and materials should be culturally relevant, multilingual as necessary, and appropriate to the audience. States should enlist the support of a variety of media, including mass media, to improve public awareness of motorcycle crash problems and programs directed at preventing them. States should:

XI. PROGRAM EVALUATION AND DATA

Both problem identification and continual evaluation require effective record keeping by State and local government. The State should identify the frequency and types of motorcycle crashes. After problem identification is complete, the State should identify appropriate countermeasures. The State should promote effective evaluation by:

Here is an excerpt from an article that appeared in a motorcycle law firm company website for Lawyers and Settlement: