Back on July 1, 2010 at about 12:45 a.m. a motorcyclist was seriously injured at 800 North and 800 East in Orem, Utah.  It appears that the motorcyclist was traveling west-bound and the car was heading north-bound turning left onto 800 North.  An Orem Police Officer was driving the cruiser while on duty.  There was a van also turning left in front of the officer and when the van made his turn the officer followed.  Unfortunately the officer pulled directly into the path of the motorcycle.

According to reports that motorcyclist was thrown about 14 feet and struck the pavement.  The motorcyclist was taken by ambulance to Utah Valley Regional Medical Center in serious condition.

Although a citation for failure to yield would normally be given to the driver of the vehicle because the driver in this case was a police officer the case has been referred to the local prosecutor.  Utah Highway Patrol is investigating the crash.

It is always a concern when a governmental vehicle causes a crash.  The Utah Governmental Immunity Act is a complicated piece of legislation that protects the government and their agents if they cause injury during the course of their duties.  However, there are waivers to the immunity and in this case the immunity will probably be waived.  Furthermore there is only a one year statue of limitations on notifying the governmental entity to preserve the case.  Also there are very strict requirements to satisfy the notice requirement.

Apart from having this crash investigated by an independent agency (Utah Highway Patrol) the crash needs to be investigated by an excellent accident reconstructionist retained by the motorcyclist's attorney.

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.

Stephen England was riding his scooter Thursday July 8, 2010 at about 8:00 AM at 200 East and 50 South in Salt Lake City when a car turning left caused the crash.  Although Mr. England was wearing a helmet he suffered multiple injuries and died at the hospital.

This is another preventable crash.  With the price of gas, trying to be environmentally responsible and with the warmer weather there are many more motorcycles and scooters on the roads of Utah.  It is not satisfactory for vehicle drivers to be not attuned to looking for riders of scooters, motorcycles and bicycles.  We need to look out for each other people - it is as simple as that.

Investigation has to be initiated immediately in this case.  The woman's cell phone records need to be obtained as soon as possible.  I am not saying she was on her cell phone at the time of the crash but I am saying this has to be investigated.  It is incumbent upon the police to also take blood samples from the driver to make sure she was not impaired.  Again, I am not saying she was impaired only that it needs to be investigated.

You might be interested in reading he comments to the articles at Deseret News and The Salt Lake Tribune to discover the biases that exist against scooter and motorcycle riders.  There is one comment that particularly struck me.  The person notes that this was a tragic event - not only for the victim and his family but also for the young woman driving the car.  I have deposed the drivers of vehicles in very similar crashes and oftentimes it is very emotional and heartbreaking for the person that caused the harm.  It is tragic for all concerned.

We need to watch out for each other out there - do not be in a rush - look twice and save a life!

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.

On Wednesday July 7, 2010 at about 8:00 AM at 8250 South Jaguar Drive in West Jordan a driver of a truck failed to yield the right of way to woman on a scooter.  The woman was traveling on 2700 West and the truck was making a left turn.  The Deseret News reports "He [the truck driver] said he didn't even see her," quoting West Jordan Police Sgt. Jeff Jewkes.  Apparently the woman's brakes locked up while she was trying to avoid the truck and she slid under the truck.  The truck did not pass over her but she was dragged for about 10 feet according to ABC 4 News.

According to KSL "This is a situation where the scooter probably actually saved her life because it stopped the truck from going over top of her -- stopped the wheels," quoting Capt. Dan Gallagher with the West Jordan Police Department.  The woman was flown to the hospital as a precaution. The driver of the truck was cited.

I have handled other cases where motorcycle and scooter riders have been struck by trucks and pinned underneath.  It is always a terrifying experience - especially for the pinned rider but also for the driver of the truck.  No one means to do the harm they create but non-the-less there is terrific damage done.  The job of physicians is to help the victim recover physically.  The job of the victim's attorney is to help the victim recover financially.  This woman will be compensated for her medical expenses, lost wages while she recovers and for the pain and suffering - both physically and emotionally.  My sympathies are with her and her family.

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.

 

 

Not too long ago in April 2010 a motorcycle rider and his child passenger on a motorcycle struck a recliner on the highway near Santaquin Utah.  This past Tuesday July 6, 2010 another motorcycle rider struck more debris on the highway near Bluffdale.  This time the offending debris was a plastic garbage can on I-15.  The motorcycle rider was ejected from his motorcycle and struck the concrete barrier.  The man suffered a head injury and road rash.  He was life-flighted to a hospital in serious condition.

In both of these cases a strong argument can be made against the motorcycle rider's uninsured motorist coverage.  Under Utah Code Section 31A-22-305 (Uninsured Motorist Coverage) one can make a claim.  An uninsured motor vehicle is described as "an unidentified motor vehicle that left the scene of an accident proximately caused by the motor vehicle operator."  The argument would be that it is reasonable to assume that the garbage can fell off a truck that left the scene of the crash.  In other words, if it had not been for the garbage can on the road being dropped by the operation of the unidentified vehicle no crash would have occurred at all.

I also recently blogged about biases and prejudices that exist in Utah regarding motorcycle riders.  Read the comments to the KSL article about this recent garbage can crash and you will get a feel for the biases and prejudices that persist.  Not only do the biases and prejudices exist in the minds of individuals but the same biases exist in the minds of the media.  Look at the articles at the Salt Lake Tribune and The Daily Herald where both articles note that the motorcyclist was not wearing a helmet.  This man was in his 50's and the law does not require motorcycle riders over 18 years of age to wear a helmet.  Either blatantly or unconsciously both articles want to place blame on the motorcycle rider for not wearing a helmet.  That theme is echoed in the comments to articles on motorcycle riders who are injured and not wearing a helmet.

One of the best comments I read was for passersby to take an active role and call the police when they see debris in the road.  You could save a life.

Are the biases and prejudices echoed in the comments fair?  You tell me!

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 motorcycle crash in Draper Utah Friday June 18, 2010 resulted in the motorcycle driver being taken to a hospital in critical condition.  According to ABC 4 the passenger on the motorcycle, a young woman, was listed in serious condition.  It appears that the motorcycle crashed into a car making a left-hand turn at 12300 South and 250 East.

Earlier this year on March 24, 2010 there was another motorcycle crash near the same location on 12300 South and Minuteman Drive.  This crash also involved a left-turning vehicle.

Coincidentally I am handling another motorcycle crash that occurred also near the same location but this case involved road construction and not a left-turning vehicle.  Also coincidentally I was riding my motorcycle at this intersection this past Sunday.  The traffic in this area is very heavy - even on a Sunday.

Motorcycle crashes often occur when a motor vehicle is making a left-hand turn.  Utah law requires that a left-turning vehicle yield to oncoming traffic.  Contrary to conventional wisdom about 77 percent of motorcycle crashes involve another motor vehicle.  About one third of these crashes involve a left-turning vehicle.  In this most recent crash, like in most left-hand turning cases the driver of the vehicle will most likely be cited for "failure to yield."  Evidence of a citation however can not be used in court to prove the liability of the car driver.  The law dictates that the introduction of such evidence is too prejudicial against the driver of the motor vehicle.  Also because of a new law evidence indicating whether the motorcycle riders were or were not wearing helmets is also not admissible as evidence.

My thoughts are with the injured bikers and thier families.

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.

RIDE TO WORK - WORK TO RIDE DAY is June 21, 2010.  The purpose of the event is to promote the riding of motorcycles as an economical alternative to driving cars and trucks.  On average motorcycles use 56% less gas than a motor vehicle averaging between 40 to 70 miles per gallon.

The event is also meant to raise the awareness of road users to the presence of motorcycle riders and decrease the number of crashes involving motorcycles.

Motorcycle use is also environmentally friendly using less gas and less rubber than conventional vehicles.

Last but certainly not least is the fact that riding a motorcycle is fun.  You can meet so many great people because you have something in common be it a sense of freedom or saving the environment.

So come on and make a point to ride your motorcycle, bike, trike, scooter or moped to work on June 21, 2010 and help raise awareness for motorcycle riders.

 

A Roy Utah police officer John Frowley and a Salt Lake City resident Danny Pierce were in a crash this past Saturday during the Harley Davidson MDA Ride.

The crash occurred just after 2:00 p.m. on state Route 210 near 6980 West. From reading various reports and being the told the story many times by witnesses of the crash it appears that the Officer Frowley maneuvered his motorcycle off the right shoulder to avoid slowing or stopped traffic. This might indicate that Officer Frowley was not keeping an adequate lookout and in order to avoid a crash he chose to drive off the shoulder. It also appears that Mr. Pierce may not have been paying adequate attention to the slowing or stopped traffic and he chose to lay his motorcycle down to avoid a crash. KSL has a good report of the crash.

What is clear is that three large motorcycle charity events - The Polar Bear Ride – The Shriner's Ride – and now the Harley MDA ride have all resulted in death or injury. We all need to be more careful out there people. We need to ride staggered and allow enough room between motorcycles to keep from crashing no matter the circumstances.

I have blogged before about hand signals and group riding. If you are not comfortable or have little experience riding in groups you need to start in smaller groups to get a feel for how a pack of motorcycles move and what is required to keep out of trouble.

Let’s all watch out for each other out there!

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.

Larry McGuire, a 55-year old man riding his motorcycle west-bound on 500 South in Salt Lake City died on Sunday morning when hit by a car on State Street. It appears that the car driver saw the motorcyclist at the last moment and tried to avoid the crash but was unsuccessful.

The Salt Lake City Police are looking for witnesses to the crash to help determine who had the right-of-way. Some reports show that Mr. McGuire stopped at a red light and then proceeded into the intersection. It is still not clear who had the right of way.

Wrongful death cases present their own difficulties in dealing with insurance companies. If there is adequate coverage – meaning the offender’s third-party liability coverage and the deceased’s underinsured coverage you need to go about convincing the respective insurance companies that a large settlement is deserved. You have to take into consideration future lost income and of course the loss of future benefits. For example, if the deceased were the sole breadwinner for his family all of his future wages are compensable as are his future retirement savings and such.

Furthermore, the surviving family members have a separate claim for the loss of their loved one. The loss of a husband and father to a family can be devastating. These are just a few of the considerations.

My thoughts are with the family members of Mr. McGuire and the other people involved in this crash. It is a traumatic experience for all.

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.

I recently read a KSL article discussing a crash last weekend titled "Motorcycle crash puts hospital in awkward position over helmet use."  What struck me as interesting was the reporting and the comments section to the article.

Let's talk about the reporting first.  There is little doubt that we live in an age of sound bites.  Because most people receive their news from the television or the radio and increasingly more through the internet and always being pressed for time people glom onto sound bites.  Sound bites are very short pieces of a speech taken from a longer speech or an interview in which someone with authority or the average "man on the street" says something which is considered by those who edit the speech or interview to be the most important point.

In the KSL article there are sound bites scattered throughout.  For example on paragraph states "The Utah Safety Council says Utah riders are 84 percent more likely to die in a crash if they are not wearing a helmet."  I wonder if this is correct because all the research I have done does not show anything like that.  The National Highway Traffic Safety Administration (NHTSA) is probably the leading authority in helmet use across the United States.  The National Occupant Protection Use Survey (NOPUS) is probably the most definitive research organization that considers the use of helmets by motorcyclists in the United States.  NOPUS just released a recent study that shows that helmet use is on on the increase and this is good news.  However, despite my research I cannot find any statistical evidence that shows Utah riders are 84 percent more likely to die in a crash if they are not wearing a helmet.  Do not get me wrong.  I do think that wearing a motorcycle helmet can increase our chance of survival in a crash but am I really 84 percent more likely to die if I do not have helmet on - I doubt it!

The comments section to the KSL article are brutal.  They call people who do not wear helmets stupid, irresponsible and plain idiotic.  Some try to explain why helmet use may be a bad thing but they are shouted down.  Some comments are just funny like the one comparing a motorcycle helmet to a condom - FUNNY!  The overall theme however is that of personal choice versus governmental interference with personal liberties.  I have blogged a lot about helmet use - pros and cons - if you are really interested in the facts on helmet use read my past articles on motorcycle helmet use in Utah.

In the mean time I personally will continue to wear a helmet because last year riding on the highway I think I struck a dragon fly at about 80 mph.  It struck me on my forehead just above my eye.  Full face helmet from now on....

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.

This Sunday, May 16, 2010 was the 15th Annual Shriner's Motorcycle Ride for Kids.  It was also the day of a terrible and preventable crash on I-80 east-bound near Jeremy Ranch, Utah.

The crash occurred at about 10:45.  It appears that a motorcycle slowed down and another motorcycle crashed into the rear of the slowing motorcycle.  Three people were injured in the crash.  The motorcycle in front was driven by a man and had a woman passenger.  The motorcycle that crashed in to the rear of the front bike was driven by a single male.  The crash caused all riders to fall to the highway.

The woman passeger was flown to the University of Utah Hospital with a head injury and was reported to be in critical condition.  The other two men were taken by ambulance - one to a hospital in Park City and the other also to the University of Utah Hospital.  The men are reported to have sustained minor injuries.

I have been hundreds of group rides and I am always a little nervous of riders following me too close.  Proper group riding is a necessary skill to master if we are going to be safe on these charity events.  I also know a lot of motorcycle riders that refuse to go on group rides, especially when a lot of riders are expected, because they do not trust other riders to keep a safe stopping distance.  You also need a skilled lead riders and a skilled drag riders (the last one in the column) to make sure that the speed is not too high and the groups of riders are manageable.  I have written about safe group riding practices focusing on the correct following distances and the proper use of hand signals.

Motorcycle charity rides raise a phenomenal amount of money across Utah every year.  One of the largest events is scheduled for June 5, 2010 - The Harley Davidson Muscular Dystrophy Ride.  Let's make sure we are doing what we can and ride responsibly to avoid injury to yourself and others.  Please - let's be safe out there!  I hope all involved in this crash recover.

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.