I love my Harley and often wear a helmet when I ride.  Before I became an attorney I was in the artillery in the army and suffered a hearing loss to my left ear.  As a result of my hearing loss I sometimes face challenges hearing at trial, not to mention hearing my wife at home.  That "wife" remark was an attempt at humor.  Also because of my hearing loss I am concerned about the possible damage to my hearing when I ride my Harley.

To start with, Harley motorcycles are distinctively loud.  Not as loud as Big Dog bikes, but loud nonetheless. A few of my friends have custom pipes on their bikes that make them even louder. The argument goes something like this: if I have a loud bike maybe the car and truck drivers will know I am there and not crash into me!  Sounds reasonable, but you might be putting your hearing at risk. You might also be putting your wallet at risk when outfitting your bike with loud pipes because many city ordinances limit the amount of noise a motorcycle can emit. 

To compound the problem recent medical studies show that wearing a motorcycle helmet can damage your hearing. The studies have revealed the biggest source of noise for motorcyclists is actually generated by air moving over the helmet. Even at relatively slow speeds, the sound can exceed safe levels.  The Acoustical Society of America has been doing a lot of work on motorcycle helmets including these and others:

• Motorcycle helmets and the frequency dependence of temporary hearing threshold shift

• The experimental measurement of motorcycle noise

• The sources and effects of noise exposure in motorcycling
  

You might think that the combination of a windscreen and a helmet might reduce noise - think again!  They have even done studies on that.

So what's the answer?  Stop riding motorcycles - I don't think so - not even no but HELL NO!  On longer rides on the highway I usually wear those soft ear plugs and it seems to help.  From now on I am going to try to habitually wear those ear plugs - even on shorter rides.  That raises another issue however, will I be able to hear other vehicles around me in traffic and even other motorcycles so I do not cut them off?  The battle continues...

Take care out there...

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.

The Salt Lake Tribune reported that in Price, Utah officers, at about 2 a.m., spotted a motorcycle being ridden by a man and woman as it roared through town ay about 95 mph.  The police were unable to follow the motorcycle at the time.  However, a short time later, the motorcycle was again spotted while leaving town.  The police again attempted pursuit but the motorcycle escaped hitting speeds of134 mph.  Because of the high speed officers terminated pursuit.

A Union Pacific train employee called 911 at about 3:20 a.m. reporting a body near the 400 West railway crossing in Wellington, Utah.  Police responded and found the bodies of the man and woman next to the wreckage of the motorcycle earlier spotted in Price. "Our initial investigation indicates the motorcycle driver failed to negotiate a curve and crashed. Both the man and woman appeared to have died on impact," officer Adams said.  KSL also has pictures of the crash scene.

There has been many incidents across the nation where police officers have engaged in pursuits of motorcycles for various traffic violations.  Nothing wrong with that - you break the law you should pay the price.  However, engaging in high-speed chases over extended periods of time endangers the people on the motorcycle, the police officers, and of course the public.  The officers here did exactly the right thing in my opinion by breaking off the chase.  The officers were also probably following police procedure - good for them.  If the police had engaged in a prolonged pursuit and violated policy trying to catch a speeding motorcycle for a simple traffic violation and in effect causing the motorcycle to crash they might be found responsible for the crash.

The reports do not say whether the driver of the motorcycle was the man or the woman.  Whomever the passenger was, or if that can be determined,may well have a civil claim against the driver for wrongful death.  It appears relatively clear that the driver of the motorcycle was responsible for the crash when he failed to negotiate a curve causing the crash and thereby the death of the passenger.

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.

This was a crash waiting to happen and I am amazed that a crash like this has not happened more often.  About one year ago a police officer was driving his cruiser in Austin Texas.  As he approached an intersection with a stop sign facing him he reached out a typed on the keypad to his computer counsel common to many police vehicles.  Unfortunately, he failed to stop at the stop sign and crashed into a motorcycle rider causing severe injury.  The motorcycle crash and the injuries are reported by KVUE.

Have you ever seen the inside of a police cruiser?  Typically there is a pile of paper and what resembles a portable file cabinet containing all the forms  the officer requires. There is almost always a laptop computer positioned on a stand that holds the laptop, usually tilted toward the officer.  Furthermore, the officer typically has a radio and often a radio earpiece plugged into their ear.  You probably know where I am heading here - that's right - sensory overload!  We have officers in Utah that are expected to be on the watch for criminal and traffic violations while cruising in their vehicles.  They are inundated with information from their radios and computers.  They are entering license plate numbers and receiving answers to their queries. All of this while driving, looking out for violations and typing on a computer - a crash waiting to happen.

Utah law makes texting for civilians an unlawful act.  The law is codified in section 41-6a-1716  and makes texting a class C misdemeanor and a class B misdemeanor if texting and causing serious bodily injury.  What is good for the goose should be good for the gander.  What I mean is that if texting is unlawful for civilians should it not be unlawful for police?  I know the argument is that police will not be able to properly do their duty if they cannot access their on-board computers.  I am not saying we should get rid of the computers all together.  What I am saying is maybe we should consider and investigate alternatives that will allow the officer to do his or her job while being safe.  This is as much a goal to protect civilians as it is a goal to protect the very officers that protect us.

The motorcyclist in Texas sued the city and won.  It was a terrible experience for the motorcyclist - no doubt it was also a terrible experience for the officer involved as well.  Most police officers join the force to help and protect the citizens of their town or city.  When an officer unintentionally harms a citizen it certainly is not fun for any involved.  Furthermore, if that is not incentive enough, we, the citizens, end up paying the settlement.  As part of protecting the citizens is it not incumbent upon the police to look into locking the keyboards to cruiser computers while the cruiser is in motion? I know the technology is out there and relatively cheap.

Utah Bike Law is a law firm and its lawyers are dedicated to representing injured motorcycle riders and their families.  If you or a loved one were involved in a motorcycle crash in Utah we invite you to call for a free confidential consultation.  There is no obligation and you are not charged any fees whatsoever unless we recover money for you. 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.

On June 13, 2011 a motorcycle rider was killed in a head-on collision in West Point Utah when a Ford F-350 made a left turn directly in front of the motorcycle.  The crash occurred at 2000 West and 1300 North in West Point. 

One of the most common crashes resulting in severe injury and death to motorcycle riders is when vehicles turn left directly into the motorcycle's path.  I believe it is an attenuation or attention problem on the part of the vehicle driver.  Humans have a tendency to see what we are looking for.  In other words if we are looking for other cars and trucks before we execute a turn we will see a car or a truck if they are there to be seen.  If we are not looking for motorcycles, even though they are right there in -plain sight, we have a tendency not to see them.

Of course this tendency to not see the motorcycle does not absolve the driver of the vehicle from responsibility for the crash.  All people who drive on the roads, be it a car, truck or motorcycle, enter into a contract with all other drivers on the road.  We simply need to be mindful and careful in looking and seeing what is there to be seen.

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.

Husband and wife Robert and Melinda Barney, both 56, of Medford Oregon were riding together on their Harley Davidson motorcycle at about 10:20 am in Utah on September 7, 2010.  They were traveling east on U.S. 40 about 10 miles east of Fruitland, Utah.  The crash occurred when a Toyota Tacoma turned left in front of the motorcycle. The truck was driven by 71-year-old Ralph Keele of West Jordan, Utah. The motorcycle tried to brake but crashed into the passenger side of the truck.

Pic courtesy Utah Department of public Safety

The Mail Tribune wrote: "As teenagers, Robert and Melinda Barney spent their first date on a dirt bike riding up a hill to eat lunch together. Forty-one years later the Medford couple shared their last moments on Robert's Harley-Davidson Tuesday morning when they were killed in an accident on a Utah highway. The couple left behind four sons and seven grandchildren. Ryan Barney, 35, said his parents had differing personalities in some aspects but they were inseparable when it came to the open road..."

By all accounts the Barneys sound like terrific people - like the many people I have met while motorcycling myself in and around Utah.  There is a sense of adventure one experiences when riding a motorcycle.  Whether you ride alone or with a group the experience of riding is, at least for me, one of renewal.  A friend once described his passion for motorcycle riding as one of "blowing off."  When I asked her what she meant she described it as "all of your worries and concerns just blow off as you travel down the road."  That description is how I feel too when I cruise down the road.  Sometimes I ride with a group but most often I ride alone.  I pull over when I feel like it and look at the country.  I feel my worries blowing off.  I am sure the Barneys felt the same.

My thoughts are with the family.  My thoughts are also with Mr. Keele.  I am sure that Mr. Keele never meant any harm.  That being said, can we all just slow down and look?  It is reported that Mr. Keele thought he had time to make the turn before the motorcycle was too near.  If in doubt wait.  Motorcycles are smaller than vehicles and they appear to be farther away than what they actually are.  I emplore anyone reading this article to simply slow down, look - and if in doubt - at all - simply wait before making that turn.

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.

A motorcyclist was critically injured on August 26, 2010 when another left-turning vehicle caused the crash. This crash occurred in West Jordan Utah when the motorcycle slammed into a car that had turned in front of him. West Jordan police report that the motorcyclist was driving through a yellow light at the intersection of 7800 South and 4800 West when a woman driving a car turned left in front of him.  The motorcyclist is 23 years old and the car driver is 19 years old.

The motorcyclist collided with a car and was thrown over 30 feet and the impact with the asphalt knocked off his helmet causing him to suffer a serious skull fracture. Apparently charges are pending against the driver of the car.

Left-turning vehicles are one, if not the major, causes of crashes between vehicles and motorcycles. Almost always the motorcycle rider is seriously injured. With or without a helmet serious injuries will occur when a motorcycle rider crashes into a car. This is a crash that could and should have been prevented. Had the car driver only slowed down and looked this crash would have been averted.

I suggest you read the comments to the KSL article. Most of the comments express sympathy for both the car driver the motorcyclist. I echo the sentiments because a serious crash has long-lasting effects not only on the injured but on the person that causes the crash. My sympathies are extended to both. However, my sympathy is somewhat tempered toward the car driver. This is so because as a lawyer representing many injured motorcycle riders I see so many motorcycle crashes and the severe injuries that result as a result of left-turning drivers that are simply in too much of a rush or simply are not looking out for other vehicles.

Picture Courtesy of KSL

Traumatic brain injuries are costly, not only in terms of what it means to the injured person, but also to the family, and to society. The injured person will have to undergo very invasive surgery and perhaps years of rehabilitation and in the end perhaps never regain full function. The family may lose their breadwinner and a family member. The surgery and rehabilitation is a costly endeavor. Society will of lost a member and the injured person may become a burden on society to pay for his care. Hopefully the car driver carried enough insurance to compensate the injured motorcyclist for all of his injuries. Furthermore, I hope that the motorcyclist had lots of insurance coverage in terms of underinsured coverage and/or uninsured coverage. This civil case, providing that there is enough insurance coverage, the rise into the millions of dollars. I urge the motorcyclist and his family to contact them competent motorcycle injury lawyer because they will need help to determine the insurance coverage available to compensate this man and his family.

As a motorcycle rider myself I am constantly on the lookout for other vehicle drivers. However, all of the 80,000 motorcycle riders on the road today in Utah have to depend on other drivers for their safety, at least in part. Most motorcycle crashes occur at intersections and are caused by the driver of the vehicle and not the motorcyclist. We have to become more aware of motorcyclists. We have to slowdown, we have to look, and look again! Look twice and save a life! Perhaps the district attorney needs to be looking at this case more seriously and consider charges more serious than simply a traffic violation.

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.

Another left-turning vehicle has injured another motorcycle rider in Utah. The crash occurred in Brigham  City on August 25, 2010. the crash occurred at about 10:30 PM when the motorcycle was headed westbound when a Tahoe traveling east turned left into the path of the motorcycle.  The motorcycle crashed into the passenger side of the vehicle. The motorcycle driver sustained critical injuries and was taken to the Brigham City Community Hospital and later taken by helicopter to Intermountain Medical Center in Salt Lake City.

The police are conducting an investigation and charges are reported to be pending. Presumed pending charges will probably be against the Tahoe driver.  The driver of the motorcycle was Kevin Stott.

This crash occurred at night. There is little doubt in my mind that that the motorcycle's headlight was on because most motorcycles have their headlight on when the key is turned on.  The civil case will probably be defended on the grounds that the motorcycle driver was speeding. Even thought the report does not reference any excessive speed the insurance company will inevitable claim that speed was a contributing factor to the crash. Why do that they claim excessive speed.  Simply because they can - that's why.  It is an attempt by the defending insurance company to decrease the amount of money due Mr. Stott.

An accident reconstructionist will probably be needed to fully investigate the cause of the crash and hopefully prove that speed of the motorcycle was not a contributing factor.

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.

The Ride for Fallen Police Officers was a great success.  By my estimation I guess there were about 600 motorcycles that met at Timpanogos Harley in Lindon and had a great ride to the capitol.  Although slow at times I do not think I stopped rolling all the way because we had a couple of hundred police blocking traffic for us.  People spilled out onto the sidewalks waving as we cruised by.  It was probably one of the most patriotic rides I have ever had the honor to participate.

At the capitol there was a great service held recognizing the three officers who were added to the wall this year.  I have a special place in my heart for this ride because my daughter is an officer with the Salt Lake Police Department.

Here are a couple of pictures of the event:

 

THANKS TO ALL WHO SERVE!

 

 

 

 

 

 

 

 

 

WE APPRECIATE IT!

 

 

 

 

 

Utah Bike Law is a law firm and its lawyers are dedicated to representing injured motorcycle riders and their families. If you or a loved one were involved in a motorcycle crash in Utah we invite you to call for a free confidential consultation. There is no obligation and you are not charged any fees whatsoever unless we recover money for you. 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.

Thursday night, just after 11:00 pm, a couple on a scooter on 200 West and 200 South in downtown Salt Lake City were struck by a taxi cab.  It appears that the cab was headed west on 200 South and the scooter was headed west on 200 South.  At this time the cause of the crash is under investigation but police do not suspect alcohol or speed were factors in the scooter crash.

From the pictures at the scene it appears that the taxi cab may have been making a left-hand turn and entered the scooter's lane of travel.  Also from the pictures at the scene of the scooter crash it appears that at least one of the occupants of the scooter went over the hood of the taxi cab and crashed into the windshield of the cab.  This crash needs to be investigated in detail to determine who was at fault.

KSL points out that neither of the scooter riders were wearing helmets.  If both were 18 years or older neither of the scooter riders were required to wear helmets.  I understand that news agencies have a duty to report the news accurately but, in my opinion, they also have  responsibility to point out in tis case that the two scooter riders were following the law.  In a court of law this continuing reporting that motorcycle or scooter riders were not wearing helmets while not reporting that helmets are not required has the appearance to put the blame on the riders.  Often the cause of a crash at an intersection involving a motorcycle or a scooter is the fault of the vehicle driver.  Often the first words out of the mouth of the offending driver is "I just didn't see them."

Perhaps the law has to be applied more stringently or we need to enhance the penalties for "not seeing" motorcycles, scooters, mopeds, bicycles and even pedestrians.  Perhaps if people started doing jail time that might help the rest of us see a little better.

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.

I recently read three articles dealing with the topic of motorcycle helmets.  All three articles were published in the Standard Examiner.

The first article was published on June 11, 2010 titled "The Great Motorcycle Debate" written by Annie Valentine.  Ms. Valentine expresses a point of view of many wives and mothers of aspiring motorcycle riders.  Essentially she says that her husband has responsibilities and his responsibilities to her and their children come first before satisfying his own need to own and ride a motorcycle.  It is hard to argue with that logic.  However, she goes on to extend that premise into one that all motorcyclists should wear helmets when they ride.  The efficacy of helmet use in preventing devastating injury is open to debate.  Valentine cites some statistics and based on those claims that all motorcycle riders should wear helmets.  I have a better suggestion.  "If you've got to ride..." as Valentine states simply purchase enough insurance to care for your loved ones to which you owe a responsibility instead of imposing your will on all motorcyclists.

The next article was titled "Play It Safe While Riding - Wear a Helmet" written by D. Louise Brown.  This article too starts with a logical premise talking about children wearing helmets.  In fact it is the law in Utah that all motorcyclists under the age of 18 wear a helmet - she is correct.  She is also correct in assuming that the helmet that minors wear should fit properly.  However, like Ms. Valentine, Ms. Brown injects an argument that people not wearing helmets are engaging in natural selection.  To interpret her argument of natural selection bluntly I read it to mean that those that do not wear helmets will be killed and eventually through eons of time all reasonable people will wear helmets as a means to pass their genes on to their offspring.  An even more blunt interpretation might be that those that so not wear helmets are somehow less deserving or even stupid.

The third article was published on August 9, 2010 titled "Ride Aware - Drive Aware" written by Eric Stine who is the education coordinator for ABATE of Utah.  Of the three I suspect that Stine is the only one that actually rides a motorcycle.  He recognizes that people who chose to ride motorcycles do so for any number of reasons.  He also recognizes that people have rights in this country and that right, as the law currently stands, is that motorcyclists over the age of 18 need not wear a helmet.

Yes, motorcyclists are injured, often tragically and sometimes killed.  On a national basis, crashes involving a motorcycle and another vehicle, the vehicle driver is responsible for the crash about 73% of the time.  In Utah that statistic drops to about 60%.  The solution, as I see it, is better education of both the motorcyclists but especially vehicle drivers.  To that end the Utah Highway Safety Office needs to be commended for their DRIVE AWARE - RIDE AWARE advertising campaign targeted at reducing the rising rate of motorcycle crashes resulting in injuries and fatalities.

Let's watch out for each other and perhaps even more importantly let's respect each other out there - for all of our sakes!

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.