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

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

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

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

Utah Bike Law and its lawyers are not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions about your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.

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

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

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

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

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

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

Utah Bike Law is a law firm and its lawyers represent motorcycle riders and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. Utah Bike Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.

One of the most beautiful rides in the United States was the scene of a terrible crash on Saturday August 7, 2010.  The crash occurred at around noon about six miles east of Kamas on SR-150 also known as Mirror Lake Highway.

Utah Highway Partol Officials say a silver Dodge pickup was heading west-bound when the driver stopped and was waiting to make a left-hand turn. A green Dodge Caravan was stopped behind the pickup truck.  A white Trailblazer rear-ended the Caravan which rear-ended the pick-up. The Trailblazer spun into the east bound lane, causing a black Yamaha motorcycle to crash. A Harley Davidson motorcycle also crashed into the Trailblazer.  The Trailblazer driver was not hurt and neither were the occupants in the truck and van, but the truck and van were badly damaged.

A couple from Plain City was riding on the Yamaha motorcycle.  The driver was a 53-year-old male, and he was flown by helicopter to Intermountain Medical Center in serious condition. His 50-year-old wife was transported by ambulance to a local hospital. The other couple on the Harley motorcycle were from Farr West, Utah.  The 53-year-old driver of the Harley died at the scene. His 50-year-old wife was flown to the University of Utah Hospital in serious condition.

PICTURE COURTESY OF KSL

It appears from reports that both couples were not speeding and were wearing all of the safety equipment including helmets.  This is just a terrible crash that will need extensive investigation.  Police are still investigating the incident and say charges may be filed after the investigation is complete.

My sympathies to all involved in this crash.

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 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.

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.