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Written by George Tait
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Wednesday, 31 December 2008 14:10 |
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Utah Attorney General Mark Shurtliff had a motorcycle accident in September 0f 2007 when he crashed his Harley while preparing for a motorcycle rally to raise money for a memorial for murdered Utah police officers. It was a simple mistake and his bike went down in a patch of gravel. The outcome has been anything but simple however. Shurtleff finally had teh Ilisarov fixator removed from his leg yesterday declaring "The shackle is off!" Infections were the cause of the multiple surgeries. When bone gets infected it can dramatically delay union of the fracture retarding recovery and sometimes even necessitating limb removal. Motorcyle crashes and the resulting fracture of bone dictates that you wait until all is healed to make sure your claim for all harms and losses resulting from the crash can be compensated for. If you settle your claim too soon and the initial injury has not yet healed, or unfortunately like Shurtleff, infection dramatically retards healing, you will be left with partial recovery and out of luck. In Utah you have 4 years from the date of the crash in which you must launch your motorcycle injury case. Do not wait that long before you contact a motorcycle injury attorney however becasue the more time we have to fully investigate the case the better the chances of obtaining full financial compensation for your harms and losses. We charge no fee to talk with you about your potential case and do not charge a fee unless we take your case and get money for you either by way of settlement or trial if necessary. |
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Written by George Tait
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Tuesday, 30 December 2008 10:16 |
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Chances are that when you are in a motorcycle crash you will be seriously injured. With or without your knowledge the Emergency Medical System will probably be activated with police and ambulance crews arriving at the scene of the motorcycle or scooter crash. The first priority for the police and the ambulance crew is the well-being of the injured. If you are conscious you may think about refusing the ambulance because you may not be able to afford the cost. The average cost of an ambulance ride in Salt Lake City is about $1000. According to an article in the Deseret News thousands of injured Utahns refuse ambulance rides after being injured. If you are not at fault for the crash this expense will eventually be paid for by the offender's insurance - presuming that the offender has insurance. Do not refuse the ambulance ride. Like the ambulance crew I am also interested in your well-being - your financial well-being. The ambulance personnel, your doctors and hospital staff will help you recover physically but I will help you recover financially. To properly and thouroughly prepare your case for either settlement or trial we need to have objective evidence of your injury. Objective evidence is evidence other than your word or observations about how much you have suffered. We need the ambulance personnel to note where your injuries are, what had to be done to you at the scene, to chart the medications they administered, the intravenous fluids you needed, your behaviour or the need for spine precautions if your spine is suspected of being injured. The list of treatment rendered by ambulance personnel can be very long and is objective evidence of your injury. The ambulance records start the objective chain of evidence I need to properly create a detailed settlement brochure that will help the insurance company to offer you fair and full settlement value for your injuries. If the insurance company does not want to settle your motorcycle crash claim we may have to go to trial. The same evidence created by the ambulance crew will be used at trial to objectively show that you were severely injured as a result of the motorcycle crash. Of course all of the other objective evidence will also be used including your hospital records and your doctor notes as well as physical therapy and other practitioners. All of these are sources of objective evidence that will go to proving your harms and losses. Knowing how to prepare and fully present all of your injuries and making sure you are financially compensated is my job. For your physical and financial well-being do not hesitate to accept a ride to the hospital by ambulance. |
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Written by George Tait
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Tuesday, 23 December 2008 13:24 |
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Roadracing World issued a press release that recognizes the work that Miller Motorsports Park did over 2008 promoting and hosting the HANNspree FIM World Superbike Championship. The HANNspree FIM Superbike World Championship is the world’s third-largest racing series; events are broadcast live on 95 networks in 173 countries around the world to an estimated viewing audience of 120 million. The HANNspree FIM Superbike World Championship StriVectin-SD USA Round presented by HANNspree was the biggest event in the three-year history of Miller Motorsports Park, attracting record crowds and international attention. Miller Motorsports Park also hosts other motorcycling events in Utah that are world caliber. They also hold Supermoto and Masters of the Mountains competitions. One of the best events is Cycle Week scheduled to be held September 4 - 6, 2009. We hope to see you there. |
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Written by George Tait
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Monday, 01 December 2008 00:00 |
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A motorcycle crash happened at 11800 South and 4000 West at about 11:30 today. The motorcycle rider was heading east on 118th South and a car going in the opposite direction turned left onto 40th West and either crashed into the bike or caused the bike to crash into the car. The Deseret News, quoting Salt Lake County Sheriff Deputy Shane Manwaring, reported that the biker was riding a bullet bike and the vehicle that turned into the intersection was a minivan. Deseret news also said that the van pulled directly in front of the motorcycle causing the bike to crash into the van. The driver of the minivan was a woman with an infant in the back seat. Neither one of them were injured. What is curious is that no charges were filed today against the driver of the minivan. I do not know if this includes citations but at the very least this woman should have received a citation for failure to yield. She could be charged with reckless driving among other charges depending on the details of the motorcycle crash. It is not usually a failure to look but a failure to see the oncoming motorcycle that results in these horrific crashes. What I mean by this is that drivers of vehicles are not attuned, conditioned or sensitized to be looking for motorcycles. Call it what you will - we usually see what we are looking for and do not see what we are not looking for. I have written extensively about htis in other places in this motorcycle blog. This woman, presuming the facts are what they are reported to be, is clearly responsible for this crash. Having said that my sympathies are extended to the family of the motorcycle rider and the woman driver of the minivan. I am confident that the woman never meant for the crash to occur and having caused the crash will be burdened with the fact that she caused the death of another for the rest of her life. The family of the motorcycle rider has a wrongful death claim against the driver of the minivan. I just hope she has purchased enough insurance to fully compensate the family, at least in monetary terms, for the loss of their member. |
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Written by George Tait
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Wednesday, 19 November 2008 10:34 |
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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. |
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Written by George Tait
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Thursday, 06 November 2008 09:35 |
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If you are in a motorcycle accident and someone calls for an ambulance that shows up and you are not injured and the attendants do nothing for you have to pay for the ambulance? The answer is yes now, maybe but probably not in the future. Bill Gephardt took on this issue and brought to the attention a rule implemented by the State Bureau of E.M.S. who interpreted a two-year-old bill sponsered by Paul Ray. Representative Ray is taking the bill back to the rule-makers to make sure they get it right this time around and outlaw the charges applied and payable to the uninjured victim. Thanks Bill! |
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Written by George Tait
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Thursday, 30 October 2008 10:50 |
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I bet half of the cases I handle involve a vehicle turning left in front of an oncoming motorcycle. It appears that yesterday a truck was making a left turn off of Mon O' War onto Pioneer Roadin St. George but he could not see the oncoming motorcycle becasue a car turning left in the oncoming lane obstructed his view. In other words the driver of the truck proceeded intothe intersection without making sure that there was no oncoming traffic. There were two people on the motorcycle that was clipped by the truck and sent it careening into another vehicle that was at teh intersection. Both injured motorcycle riders were taken to Dixie Regional Hospital with what was said to be "substantial injuries." It is so very important that motorcycle riders practice defensive drivingin making sure they are seen by oncoming drivers when approaching an intersection. Even when we think the driver of the vehicle has seen us often they do not. When I ride I practice what I call donut driving. I try to anticipate what action I should take if another driver does something he should not be doing - like turning left in front of you. This certainly does not mean that crashes can be avoided all the time or deccrease the fault of the other driver - all you can do is drive your bike with the best intentions, be prepared, and hope for the best. |
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Written by George Tait
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Wednesday, 22 October 2008 00:00 |
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The Spectrum reported on Saturday October 18, 2008 a motorcycle rider crashed and died while traveling north of the Cedar Pocket exit. The motorcycle was severely damaged and the motorcyclist was dead when officers arrived. I post this article becasue the insensitivity of reporting this newspaper article without stating the name of the dead bikeris insensitive. They would probably respond that they did not know the name of the biker and that next-of-kin were being notified before releasing the name. If that is the case then report it. Why? Because many people who bike have friends that bike and they oftentimes cannot stop but think that this might have been one of their friends. Is the story so important that it cannot wait half a day - hardly - shame of The Spectrum! |
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Written by George Tait
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Tuesday, 21 October 2008 00:00 |
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The Salt Lake Tribune reported yesterday that 52-year-old Eugene Carlston lost control of his motorcycle and crashed yesterday at about 5:30 pm. The crash occurred south of Kolob Terrace Road where he apparently drove off the pavement, laid the motorcycle on its side and slid. Mr. Carlston suffered severe head trauma. I do not know if this man was riding alone or with friends at teh time of the crash but we do know, from the article, that he was not wearing a helmet. I am not really sure why newspaper reporters, that whenever they report on a motorcycle crash, feel obligated to report that the victim was not wearing a helmet if he was not. Let me explain. Have you ever read an article that says something like driver of car killed - all equipment was working and she was restrained by a seat belt? Not very often - why? Because that victim is following the law by ensuring that her vehicle was in good operating shape and she wore a seat belt. When a motorcyclist is killed and he is not wearing a helmet he is also following the law. I really think sometimes that the newspapers have a hidden agenda and that is to have legislation introduced that mandates helmet use for motorcycle riders. Usually however I write-off these insensitive statements of non-helmet use to a desire to sensationalize an otherwise sad accident. |
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Written by George Tait
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Monday, 20 October 2008 00:00 |
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Baby Boomers are defined as those born between 1946 and 1964 following World War II. All of those men returning from the war had to have something to do. Seventy-six million American children were born Baby Boomers is the largest age cohort to move on mass through society at one time. Baby boomers are characterized as having higher education and assumptions of lifelong prosperity and entitlement as compared to earlier generations. Two of the most interesting characteristics of Baby Boomers are their comparative wealth and better health than previous generations. Can there be any doubt that with more money, good health and hitting retirement age that a large group of Baby Boomers are discovering motorcycles - many for the first time and oftentimes reigniting a previous passion? Statistical analysis shows that in 1990 the median age of all motorcycle owners was 32 years. In 2003 the median age was 41years. Most Baby Boomers will started to retire in 2007 and that is only the beginning of the wave. The age wave theory discusses the inpact of Baby Boomers on society and many of their forecasts have proved true - especially in regards to the recent market crash. Getting back to Boomers and motorcycles and the increasing numbers of mature riders there are more Baby Boomers dying on motorcycles. In 1995 there were 188 motorcycle deaths nationally whowere 50 years or older. In 2004 that number increased to 876 - just short of a 500% increase! The Boomer Cafe has a great breakdown of facts and statistics. Frank Gates also has an excellent companion site called Motorcycle Rider Basics that talks abouteverything the new or what he calls a re-entry rider needs to know about getting on a bike. |
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Written by George Tait
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Thursday, 16 October 2008 00:00 |
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Have you been almost hit by a car driven by someone that was on a cell phone? I know I have! If you think that cell phones to be the most dangerous distraction while driving you are in agreement with about 48% of all Americans. There is a new technology on the market created by Aegis Mobility that will essentially turn off all incoming and outgoing calls while you are in motion but it will keep track of all voice and text messages allowing you to respond once you are done driving. Nationwide Insurance and Aegis are teaming up to bring this technology to the market in early 2009. Driving while distracted (DWD), according to the National Highway Traffic Safety Administration causes about 80% of all acidents. The Insurance Institute for Highway Safety has studied the use of cell phones while driving and have determined that drivers using a cell phone are four times more likely to be involved in a crash. California recently implemented a law that mandates that all drivers use hands-free methods of using their cell phones while driving. However, hands-free usehas shown to be of little effect in reducing distraction while driving. Even with this lack of evidence showing that hands-free use of cell phones while driving is a benefit five states ban handheld cell phone use. Those states are California, Connecticut, New Jersey, New York and Washington. Further restriction exist in other states for texting and seventeen states restrict use of cll phones for novice drivers. You can legislate and mandate all you want but compliance is another matter. What this technology does is allow people to be in compliance with the law, be safe and yet, not miss a call or text. I urge all people to adopt this technology as soon as available. It will help you avoid accidents and it will help decrease the numbers of DWD drivers from hitting people on motorcycles. |
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