A motorcyclist from Price Utah was killed Tuesday July 20, 2010 just before 11:00 a.m. in Emery County in a crash with a car.  The name of the motorcycle rider was 68-year-old Glenn Silvis of Price and he was killed at the scene of the crash.

It appears that the car was traveling north on state route 10 just south of Price.  Moments before the crash dispatchers received a call of a possible DUI or reckless driver in a sedan hading north and while still on the phone the caller witnessed the crash.  The car crossed the median lines into the south-bound traffic and struck the motorcycle, throwing the motorcycle rider to the pavement.  The driver of the car suffered minor injuries and was taken to Castleview Hospital in Price.  Police suspect that the driver of the car was under the influence of drugs and / or alcohol.  The investigation continues.

This picture is from KSL courtesy of the Emery County Sheriff's Office:

This is a tragic incident that just did not have to happen.  The driver that called was absolutely doing the right thing and I encourage others that see drivers swerving all over the road to call 911 to report them.  I also encourage drivers to call and report people they see texting while driving.  After all we all know now that testing and driving is as bad as driving drunk.

An investigation has to include finding out (1) if the driver of the car was drunk and (2) if he was drunk where and with whom was he drinking.  The answers to these questions may turn up evidence that others might be liable for supplying the alcohol and / or allowing the car driver to get behind the wheel.

My condolences to the 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.

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.

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.

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.

 

Hi – I am a novice female motorcyclist. I have been riding a motorcycle for just shy of a year. George asked me to write about my perspective as a novice female motorcycle rider. I agreed. However, writing on the female perspective quickly turned into writing of my feelings and experiences over the last year, my first year as a rider.

 

The snow started to disappear and my dad suggested we go on a couple group rides this year. In fact he said there was a ride coming up in late March. I admit I was nervous. Were my skills up to the test? At the end of last year I was still slowing down to go around corners, I had to remind myself to look past the turn to where I wanted to go. Most of all after a couple months of not riding was I still able to ride after so little time as a rider? Was riding a motorcycle like riding a bike, would it all come back to me?

A classic procrastinator I put off getting the motorcycle out of hibernation until the day of the first ride. The morning of the ride (March 27, 2010) I woke up early, nervous. I wasn’t sure I was ready to put my novice skills on display for a group of seasoned riders. I insisted on going to a parking lot and practicing my turning, emergency braking etc. After a few minutes I realized I hadn’t forgotten how to ride. My confidence was high and I was ready to go riding!

So away we went to register for the first ride of the year. It was Grizzbee’s Ride for Special Kids. As we went up to register I asked for two forms, one for me and one for my dad. I was told that we only needed one form; passengers didn’t need a separate form. With a sense of pride I informed them I was a rider, riding my own motorcycle. Somewhat taken aback the organizers handed me two registration forms. Was it really that rare, a female riding her own motorcycle? I looked around, there were other females there, I couldn’t possibly be the only female riding her own motorcycle! When it came time to start the ride I looked around, all the females had saddled up as passengers.

I rode out towards the rear of the group. I was giddy and a little intimidated, but ready to ride. The group, about a hundred riders, was escorted out of the city and onto the freeway by police, lights and sirens going. It was the perfect start to my first group ride. I settled into the pace of the ride. The air was crisp, the scenery beautiful. Before I knew it the ride was over, I had a great time.

I realized, whether a novice or a seasoned rider, riding a bullet bike or a Harley, we were all there for the ride, to enjoy ourselves and have fun.

My second ride of the year was The Fallen Patriot Ride. After my successful first ride I was ready to go. When we arrived at the starting point we pulled in behind several other motorcycles. I realized there were a lot more riders than at the first ride, for some reason this triggered my nerves. Once again I was wondering if my skills were good enough to be riding in a group.

Waiting for the ride to start I stood by my motorcycle. I had parked behind two motorcycles being ridden by two couples. While the men talked the two women turned around and we started talking. They asked if I was riding my own motorcycle. I told them I was. They stated they had always wanted to learn to ride, but up until recently women riding motorcycles was unheard of. As we continued to talk I learned the two had been riding as passengers for over twenty years. I also learned that the fears they had were the same I had when I started riding. For instance, how can we learn to ride when we don’t even know how to start a motorcycle? I talked about my learning experiences and the class I had taken. By the time the ride was starting to pull out the women told me I had given them the little push they needed and they were going to learn to ride. They told me to have a good ride and they hoped to see me at the end. Their husbands, having listened to our conversation, also told me to have a good ride and to enjoy it.

Just as suddenly as my nerves had appeared they were gone. Talking about my experience had calmed my nerves. The ride went through downtown Salt Lake. There was a lot of stop and go, a lot of turning, speeding up and slowing down. I looked at it as an opportunity to test my skills, and I have to say I did awesome! Towards the end of the ride the group got split up at a light, suddenly I was leading the second group of riders. Thankfully I had looked at the map prior to the ride and knew where we were going. I successfully lead the group until we joined up with the first group of riders. Admittedly I only lead the group for about ten minutes, but I did it and I felt awesome!

As the group pulled into the ending point of the ride I was sad that the experience was ending. A barbecue followed and I ran into the women I had met before the ride. They told me they had seen me along the ride and that I had done well, they couldn’t even tell I had been riding for such a short time. Wow! As I rode home I simply enjoyed the ride. Since then I haven’t suffered any nerves.

I still slow down around corners and every once in a while have to remind myself to look past the turn and to where I want to go. Ultimately I am happy when I ride and enjoy the experience. If I go slow around the corners, you are more than welcome to pass me.

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.