The legislative session in Utah is in full swing and it would not be complete without a representative wanting to bring forward a bill dealing with motorcycles.  House Bill 158 "Motorcycle Helmet Law Amendments", sponsored by Rep. Neil Hansen, D-Ogden is a bill, that if passed, would require:

1. All motorcycle riders 21 years of age and younger to wear a full helmet. 
2. Defines a "full helmet"  as one that has a chin bar and eye protection. 
3. Passengers under 21, and drivers of any age if they have passengers under 21, to wear a helmet. 
4. Riders of any age operating on a learning permit to wear a helmet.
5. Helmet use for all riders in Utah's largest cities.

It is reported by Standard.net/live that an Ogden businessman, Mr. Ray Kimber, brought the proposal to Hansen claiming that the bill targets locations and age groups in which motorcycle accidents happen most frequently.  Kimber cited statistics from 2006 that show nearly 73 percent of fatal motorcycle crashes in the state involved a vehicle turning left in front of the rider at an intersection. The same statistics show that the percentage of drivers in fatal crashes was highest among riders ages 15 to 24.

ABATE (American Bikers Aiming Toward Education) Utah is a group of motorcycle enthusiasts who states their goals as:

1. To assist in guarding the individual rights of all motorcyclists
2. Keep motorcyclists informed of laws that will help or hinder them
3. To promote safety, brotherhood and freedom for all motorcyclists, regardless of type, style or orgin of the motorcycle.

Ed Stein, education coordinator of ABATE Utah and a number of other bikers were in attendance at teh Friday committee meeting to voice their opposition to the bill.  ABATE said the focus of motorcycle safety should be on educating the public about watching for motorcyclists while driving.  "We believe in accident prevention, not safer crashes. Many sports and activities are more dangerous than motorcycle riding. We will never be able to legislate the risk out of living."  If 18-year-olds are mature enough to voluntarily sign up for war, they're old enough to choose what protective gear to wear during recreation, he said. 

The bill is currently in the House Transportation Committee where it was "tabled" and requires a two-thirds vote to bring it off the table and move forward.  Just before the bill was tabled Ronda Rudd Menlove, R-Garland proposed, and the committee unanimously passed, a proposal to reduce any fine by $10 to a motorcyclist that is wearing a helmet.

If you have any opinion on the pros and cons of these bills why not email the sponsors or committee members?

Last August there was a motorcycle crash on I-15 near Layton.  The motorcycle was driven by Jordan Creswell and his friend Bryant Mavretic was the passenger.  Reports at the time claimed the motorcycle was speeding and weaving in and out of traffic.  The inevitable happened anf the bike clipped the back of a vehicle sending both riders careening onto the pavement.

Deputy Davis County Attorney, Steve Major, filed negligent homicide charges against Creswell on January 28, 2009.  Negligent homicide is a misdemeanor punishible by up to a year in jail.  There are also three class B misdeameanor alcohol charges filed against Creswell.  There is a problem with the homicide charge - Mavretic was not dead.

As a result of the motorcycle crash Mavretic had head injuries and internal bleeding as a result of the crash and spent 4 days in the hospital.  Apparently Mavretic was amuzed after hearing of his demise. 

The National Highway Traffic Safety Administration (NHTSA) issues guidelines that are meant to influence each state's approach to managing traffic safety.  The federal government exercises some degree of power over state highway authorities by virtue of financing many of the highways in the state.  In essence the federal government says dance to our tune (implement these policies) or you will not get funding for your highways.  It is interesting to read these directives and then look to the state actions directed at motorcycle riders to get an idea of policy direction.  What I have reprinted below from the NHTSA are the directives for implementing the motorcycle safety program.

(November 2006) | PDF version for print

Each State, in cooperation with its political subdivisions and tribal governments and other parties as appropriate, should develop and implement a comprehensive highway safety program, reflective of State demographics, to achieve a significant reduction in traffic crashes, fatalities, and injuries on public roads. The highway safety program should include a comprehensive motorcycle safety program that aims to reduce motorcycle crashes and related deaths and injuries. Each comprehensive State motorcycle safety program should address the use of helmets (meeting Federal Motor Vehicle Safety Standard 218) and other protective gear, proper licensing, impaired riding, rider training, conspicuity, and motorist awareness. This guideline describes the components that a State motorcycle safety program should include and the criteria that the program components should meet.

I. PROGRAM MANAGEMENT

Each State should have centralized program planning, implementation and coordination to identify the nature and extent of its motorcycle safety problems, to establish goals and objectives for the State's motorcycle safety program and to implement projects to reach the goals and objectives. State motorcycle safety plans should:

II. MOTORCYCLE PERSONAL PROTECTIVE EQUIPMENT

Each State is encouraged to have and enforce a mandatory all-rider motorcycle helmet use law. In addition, each State should encourage motorcycle operators and passengers to use the following protective equipment through an aggressive communication campaign:

Additionally, each passenger should have a seat and footrest.

III. MOTORCYCLE OPERATOR LICENSING

States should require every person who operates a motorcycle on public roadways to pass an examination designed especially for motorcycle operation and to hold a license endorsement specifically authorizing motorcycle operation. Each State should have a motorcycle licensing system that requires:

IV. MOTORCYCLE RIDER EDUCATION AND TRAINING

Safe motorcycle operation requires specialized training by qualified instructors. Each State should establish a State Motorcycle Rider Education Program that has:

V. MOTORCYCLE OPERATION UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS

Each State should ensure that programs addressing impaired driving include an impaired motorcyclist component. The following programs should be used to reach impaired motorcyclists:

VI. LEGISLATION AND REGULATIONS

Each State should enact and enforce motorcycle-related traffic laws and regulations. As part of a comprehensive motorcycle safety program each State is encouraged to have and enforce a law that requires all riders to use motorcycle helmets compliant with the Federal helmet standard. Specific policies should be developed to encourage coordination with appropriate public and private agencies in the development of regulations and laws to promote motorcycle safety.

VII. LAW ENFORCEMENT

Each State should ensure that State and community motorcycle safety programs include a law enforcement component. Each State should emphasize strongly the role played by law enforcement personnel in motorcycle safety. Essential components of that role include:

VIII. HIGHWAY ENGINEERING

Traffic engineering is a critical element of any crash reduction program. This is true not only for the development of programs to reduce an existing crash problem, but also to design transportation facilities that provide for the safe movement of motorcyclists and all other motor vehicles.

The needs of motorcyclists must always be considered. Therefore, each State should ensure that State and community motorcycle safety programs include a traffic engineering component that is coordinated with enforcement and educational efforts. This engineering component should improve the safety of motorcyclists through the design, construction, operation and maintenance of engineering measures. These measures may include, but should not be limited to:

IX. MOTORCYCLE RIDER CONSPICUITY AND MOTORIST AWARENESS PROGRAMS

State motorcycle safety programs, communication campaigns, and State motor vehicle operator manuals should emphasize the issues of rider conspicuity and motorist awareness of motorcycles. These programs should address:

X. COMMUNICATION PROGRAM

States should develop and implement communications strategies directed at specific high-risk populations as identified by data. Communications should highlight and support specific policy and progress underway in the States and communities and communication programs and materials should be culturally relevant, multilingual as necessary, and appropriate to the audience. States should enlist the support of a variety of media, including mass media, to improve public awareness of motorcycle crash problems and programs directed at preventing them. States should:

XI. PROGRAM EVALUATION AND DATA

Both problem identification and continual evaluation require effective record keeping by State and local government. The State should identify the frequency and types of motorcycle crashes. After problem identification is complete, the State should identify appropriate countermeasures. The State should promote effective evaluation by:

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

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

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

At the scene there appears that there was 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 should be given access to the scooter to investigate the condition of the braking system.  This mechanical investigation should be video-taped to avoid accusations of tampering 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.

As you probably know - motorcycle and scooter accidents have increased. With the price of gasoline skyrocketing more and more people are opting for two-wheeled transportation. Sometimes motorcycle accidents are the result of no one's fault but the rider. Take for example the motorcyclist who drinks and drives. If they are in an accident they have no none to blame but themselves.

As you probably also know - automobile drivers are often found to be drinking and driving. In my opinion drunk drivers of a car or truck represent a more dangerous situation because they are behind the wheel of a two ton vehicle that can kill others. A drunk motorcyclist takes his own life in his hands and usually just his or her life.

I do not understand why the Idaho Transportation Department (ITD) is working with local law enforcement to implement a crackdown on motorcycles. Even the quotes in an interview with Pat Beale of ITD acknowledges that it is the lack of training that is the primary issue in contributing to single vehicle motorcycle accidents. The statistics in the article are probably true because motorcycle injury and deaths are increasing across the nation as a result of the surge in the number of motorcycles on the road.

What is not clear from the statistics is the number of motorcyclists killed in a single vehicle motorcycle accident who were new to motorcycling, had little or no training, were speeding and drunk. I would guess that the number is relatively small. Small at least when compared to vehicle drivers. A more interesting statistic would be the money spent on this program per capita targeting motorcycle and scooter riders per death caused because of alcohol consumption as compared to car and truck drivers in general.

This is just another way of demonstrating how society looks through rose colored lenses. Most people drive cars or trucks - motorcyclists are a distinct minority. It is discrimination to target a segment of society for ills that transcend that segment and are endemic in society as a whole. Alcohol consumption and driving is certainly not restricted to motorcyclists - is it?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As of July 1, 2008 all new motorcycle riders in Florida will be required to take and pass a 15 hour motorcycle riding class before taking their knowledge and skills test.

The class is broken down to 5 hours of classroom reviewing rules of the road and particular hazards that motorcyclists face every day. The other 10 hours is practical riding skills practicing cornering, swerving and emergency stopping.

I say about time. One of the most interesting comments was that after having taken the class that the students found themselves more watchful of motorcycles while they are driving their cars. Perhaps we should incorporate some education in the driving classes about the hazards that motorcyclists face.