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

Michelle Rioja was killed while riding her scooter at about 4:15 p.m. on Monday November 17, 2008 in Woods Cross Utah.  Michelle leaves behind a husband, a 14-year-old son and others.  Michelle was only 36 years old. Like so many accidents this one happened not too far from their home.  Both Michelle and her husband were out for a leisurely drive in the area to see how far they could go on thier scooters.  The scooters were both westbound on 500 South when traffic slowed and stopped in front of them.  Michelle's husband said Michelle shot past him and ran into the back of the stopped vehicles as he was stopped.

Michelle had completed a motorcycle safety class and had been riding this scooter the year prior to the crash.  She was not wearing a helmet however.  Apparently she died at the scene from massive brain injury.

At teh scene there appears that there immediate suspicion about the condition of the braking system for the scooter.  What should be done in this case as soon as possible is preservation and investigation of the evidence.  In this case the scooter needs to be immediately secured by the police.  If the police are unwilling to secure the vehicle the family needs to make sure the scooter is kept in a tamper-proof location.  Next a certified and reliable scooter mechanic shouldbe given access to the scooter to investigate the condition of the braking system.  This mechanical investigation should be vide-taped to avoid acusations of tampreing that the insurance companies will raise if there is brake or mechanical failure found.

Like so many scooter and motorcycle crashes we handle there is more than meets the eye at first glance.  Investigations need to be timely launched and the law firm persons engagte need the resources to do this.  I wish the best for the surviving family and they have my sympathy.

I get a lot of call from people that have been injured in motorcycle crashes that complain about the offender's insurance company giving them the run-around. The insurance adjuster seems to be willing to talk but nothing ever seems to get done. Even when a private injured individual is "successful" in settling their claim the check can take weeks or months to show up. In the mean time you are left with frustration and bills.

The insurance companies, at least most of the larger insurers such as State Farm, Allstate and Farmers have implemented policies that purposely delay, deny and defend legitimate motorcycle and other claims. Somewhere along the line the insurer will typically low-ball the injured person hoping the legitimately injured will finally give up or accept a low-ball offer.

Some states, like Washington, is finally fighting back in the interests of the little guy. While insurance companies reap record profits (some 44 billion dollars in 2007) they continue to short-change the people by implementing their delay, deny and defend policies.

It also concerns me that injured motorcycle riders and their surviving family members are not aware of the full compensation available to fairly and fully compensate those effected by the injuries. It is a documented fact that when an attorney is involved in a personal injury case that the value of the case grows to about three times what it would have settled for had the attorney not been involved. In other words the insurance companies take advantage of injured persons that do not know all of what they are entitled to.

I am a motorcycle rider, a registered nurse and a motorcycle attorney. We can fully represent you - we have the experience, the knowledge and the specialized know-how to get you fair and full compensation for your injuries.

In Utah scooters are considered motorcycles. Why they are considered motorcycles will be the topic of another post. What I want to discuss here are the new laws that take effect July 1, 2009. In essence the new laws are:

• If you are less than 19 years old and want to get a motorcycle license you will need to either:
  • get and hold a learners permit for 2 months and, or
  • take a 2 day motorcycle safety riding class

• The bike upon which you test is the size of the motorcycle (scooter) that you will be restricted to being licensed for. The ranges are:
  • less than 90 cc
  • less than 249 cc
  • less than 649 cc
  • greater than 650 no restriction

These laws are not retroactive meaning that if you already hold a license you will not need to meet the above requirements and will probably be allowed to simply renew your license. I say "probably" because the language of the law says that "The division may grant a motorcycle endorsement to a person under 19 years of age who has not held a motorcycle learner permit for two months if the person was issued a motorcycle endorsement or a class M license prior to July 1, 2008."

This bill was passed in the most recent legislative session and can be found on the web titled H. B. (House Bill) 72 named "Motorcycle License and Endorsement Amendments" and were sponsored by Paul A. Neuenschwander and Jon J. Greiner.

This bill is a step in the right direction for a number of reasons but is not without concern. It is a good bill because it requires that young (and therefore probably new) riders get at least some rudimentary education before hitting the road. I do not have at my fingertips the statistics but a very high majority of motorcycle accidents involve riders that are licensed (or riding motorcycles) for less than 2 years. Education is the way to go - I have no doubt about it!

This bill also concerns me because it smacks of unilateral action. Specifically it infringes on the enjoyments that all citizens have a right to enjoy without seeking a reasoned and in depth analysis. At least that is my impression. What's next - requiring everyone to wear a helmet?

When you are in a motorcycle accident you need to get the medical care you need from competent physicians in a good hospital. Almost as important as recovewring physically is recovering financially from a motorcycle accident.

That is what motorcycle accident injury attorneys do - they help you recover financially from a motorcycle accident. There are many things to consider in evaluating motorcycle injury lawyer. What follows is a list - in no particular order of importance because it is usually a cumulative combination of attributes that you should consider.

• Does the attorney ride a motorcycle?
  • I think this is important because only a fellow motorcycle rider can appreciate precisely what happened to you and why. If your attorney rides a motorcycle they are aware of how vehicles pull out in front of you, cut you off and otherwise do not see you until it is too late. Furthermore, a lawyer that rides a bike is intimately familiar with the prejudices and biases that exist in society and knows how to deal with them proactively to protect your interests should you need to go to trial. For example there is a lot of bias against motorcycle accident victims that were not wearing a helmet when involved in an crash. I am sensitive to this issue and make motions to exclude all evidence referencing he absence of a helmet.

• Does the lawyer have experience in the applicable law that governs liability in your state?
  • This is important because insurance companies - the ones that will probably be paying you in the end - need a persuasive argument based on the law that moves them to recognize the liability of their insure. Without liability there is no case. The knowledge of the law only comes from practicing in that area so you need an attorney that practices in representing motorcycle accident victims.

• Does the lawyer have exposure to or know how to put together medical records accurately and persuasively?
  • The lawyer must understand what your medical records mean. Often firms use nurses or other medical personnel to evaluate the medical records and the lawyer will work the law end of the case. In my opinion this creates a disjointed and incomplete representation of the case. At George Tait Law I am an attorney and a nurse. I worked and continue to work at a major trauma unit and have done so for many years. I understand medical records, the terminology, what it means and perhaps most importantly know how to tie the law and the medical proof together to create a very persuasive settlement brochure.

• Does the lawyer or someone else create the settlement brochure?
  • This is important because you are paying for the services of an attorney and not a paralegal or assistant. The attorney should put together a settlement brochure in every case that reviews major hurdles that will need to be addressed in a persuasive manner to make the insurance companies pay what they should. If your lawyer does not make a formal settlement brochure you are probably being short-changed. Ask to see the settlement brochure before it is sent to the insurance adjuster to make sure it is accurate and correctly covers all of your concerns. At George Tait Law we create a detailed settlement brochure in each and every case and yes - it is created by me - the lawyer on the case.

• Does the lawyer or his firm use technology to your benefit?
  • Costs are repaid to the lawyer out of the proceeds of the settlement (negotiated settlement) or verdict (determined by a jury at trial). We use technology by scanning all documents. This is generally referred to as an electronic or paperless system. This saves costs because we do not have to pay staff to search for records, pay for storage and allows us to have instant access to all of the important documents in your case. Technology facilitates communication between client and lawyer and insurance adjuster and lawyer. Technology also allows us to cheaply and conveniently create a settlement brochure that is attractive, accurate and persuasive. We use pictures, pdf's of pertinent documents and put it all together on a CD or DVD that persuades the adjuster.

• Is your lawyer prepared to go to trial if necessary?
  • This is critical - at least in my opinion. The only real power you have to make insurance companies pay what they should is the right to go to trial if the negotiated settlement is not adequate. You have to hold their feet to the fire so to speak. At George Tait Law we prepare as if each and every case is going to go to trial - regardless of size of the case - because we feel that the right to go to trial is an inalienable right to address your grievances.

Motorcycle Law and litigation in Utah is primarily based upon a statutory scheme adopted in section 31 of the Utah Code.  The discussion will focus on descriptions of various statutes that discuss the application of this statutory scheme in the context of motorcycle accidents.

Check out the Motorcycle Law Blog.