The University of Utah is at it again proving that the use of a cell phone while driving is dangerous.  "When people talk on the phone while driving they are four times more likely to get into an accident. Here we find another ... increase in this risk," said researcher Frank Drews of the University of Utah, citing previous research.  The researchers determined that testing drivers are six times more likely to be involved in a crash than drivers that do not text while driving.

For this most recent study the researchers at the University of Utah placed drivers in a simulator without any distractions to get a baseline.  They then had the same drivers in the simulator but this time had the drivers texting to others in a separate room.  The results showed that text messaging drivers were slower to react to vehicles' brake lights ahead of them and were much more likely to drift into other lanes.  Furthermore, "Their response time to the onset of this braking light was delayed by about 20 percent, a significant delay in reaction time," Drews said.

Figures released by the U.S. National Highway Traffic Safety Administration this year showed more than 5,800 distracted driving deaths and 515,000 injuries in 2008.

Utah Bike Law is a law firm dedicated to representing injured motorcycle riders and their families. If you or a loved one were involved in a motorcycle crash in Utah we invite you to call for a free confidential consultation. There is no obligation and you are not charged any fees whatsoever unless we recover money for you.

 

 

If you are thinking about buying a motorcycle helmet for yourself or your significant other there are a few things you need to know - and luckily that information can be found in one place - right here to start.  Furthermore, almost every motorcycle crash victim I represent that was wearing a helmet has said "man - am I ever happy I had a helmet on!" and the others that were not wearing helmets wish they had.

No biker, especially a biker that might have some reluctance to wear a helmet for whatever reason, wants to wear a helmet that is not comfortable.  Hallmarks of a comfortable helmet are soft foam rubber next to your noggin, a seal of some sort around and isolating your ears but be careful to have nothing actually in contact with your ears and some sort of support at the back of the helmet that will support your neck.

Safety is probably next on the list.  Make sure the helmet you purchase is a DOT approved helmet.  If the helmet is DOT approved it will have a DOT sticker on it.  Make sure the helmet has a DOT sticker because that ensures that the helmet has met rigorous performance standards for safety.  You have to make sure the helmet fits properly - more on that next.  The chin strap needs to keep the helmet on your head when you are in a crash.  The strap needs to go from ear to ear and stay secured with a double locking strap - a simple click does not cut it.

Both comfort and safety of your helmet depends on the fit of the helmet.  The most comfortable helmet, the most expensive helmet or the best looking helmet will be useless if it does not fit properly.  Chances are if the helmet does not fit well it will not be comfortable and you will not wear it anyway.  Fit, in my opinion, is the most important element when deciding on a helmet.  To correctly make sure a helmet fits your brain box make sure you:

1. Utilize a motorcycle helmet manufacturer's fitting chart and measuring tape.
2. Keep in mind that the helmet should fit snugly and comfortably on your head.
3. Make sure the helmet rests tightly against your forehead--you should not be able to wedge your thumb between the helmet and your forehead.
4. Adjust and fasten the chin strap, but don't allow it to cinch your neck.
5. Give your head a shake to ensure that the helmet does not shift around or slide off your head.
6. Mount your motorcycle in riding position--the top of the helmet should not affect your vision. Along with clear vertical vision, you should have 100% vision to your left and right (motorcycle helmet manufacturers are required by law to account for lateral vision).
7. If you wear glasses while riding, make sure the helmet fits properly over and around them.
8. Press down on the top of the motorcycle helmet. Hold it down and make certain the helmet feels comfortable and surrounds your whole head.
9. Make sure the store where you buy will allow you to return the helmet.
10. Check for all additional comfort, convenience and motorcycle helmet safety features before taking your motorcycle for a ride.
11. Buy the helmet and go for a long ride to make sure that the helmet is comfortable.  If it is not comfortable for at least 2 hours on the road take it back and try another brand or size.

The United States Department of Transportation held a Distracted Driving Summit last month and discovered that distracted driving is a problem.  I do not know if we really needed to conduct a two-day meeting to discover that distracted driving is a problem but some of the presentations on the website are revealing about how much a problem distracted driving is a problem.

Some of the more interesting presentations were the Legislation, Regulation and Enforcement presentation that hears from a number of interested legislators and the problems that they face in introducing law that would restrict the use of cell phones in vehicles.  Some of the speakers say that the opposition they face ranges from apathy to outright hostility against more law in general.  One of the biggest problems of course is enforcement.  The actual observation of a driver on the road and how an officer enforces the law.  You can pass all of the laws you want but if you cannot enforce the law you may as well forget it.

Another great presentation was the Youth Program that has Reggie Shaw, a now 22-year-old, then 19-year-old man that confesses to killing two men in northern Utah while texting.  Mr. Shaw's talk was poignant and heartfelt and can be seen at www.zerofatalities.com.  The most sobering part of his talk is that it could have happened to any one of us that choose to be distracted while driving.

As a motorcycle lawyer in Utah I deal with distracted driving all the time.  Victims of motorcycle crashes are often the victim of people who choose to drive while distracted.  That being a fact and proving it are often two different things.  Different cell phone carriers have different policies for the retention of cell phone records.  Cricket for example does not track the number called but does track the time and duration of the call.  Different carriers keep records for different periods of time.  Some keep the records for 3 months and then purge their system and others keep the records for a year.  What is important to note here is that if you suspect a driver that crashed into you was using their cell phone you need to get the records to prove it.  It is part of our routine investigation to immediately request the cell phone records of drivers that crash into our clients.

A recent Salt Lake Tribune article named "Older bikers head out on highway, but don't always return" reviews the statistics and advances a number of reasons why older bikers are dying on motorcycles.  The article states that the average age of bikers killed in Utah this year is 49.5 years compared with 36.1 years last year.  This might be because one rider killed was 77 years old and if this outlying age is removed from the statistics I suspect the average age would drop.  Do not get me wrong - this is a very important statistic - older bikers are dying - the task should be to find out why.

One reason advanced in the article was that older bikers tried to economize as gas prices surged last summer making older riders the largest segment that bought new motorcycles.  Simply because older riders make a higher percentage of riders overall is not telling.  What is telling is that older riders make up a much larger percentage of new riders! The article states:

"Just two of the riders killed through the end of July had completed a state-sanctioned motorcycle training course, ... Both of those had been licensed for less than two years.  Two of the older riders killed this year had had their motorcycle licenses for a month or less ... and neither of them had taken a safety course."

The answer should not be so much that older riders are dying but new riders are dying.  So what does that mean?  It means that the current education required or being performed may not be adequate.  I think we need a fully integrated approach to preventing motorcycle crashes in Utah.  We need to educate vehicle drivers that motorcycles are often nearer than they appear and because they look to be further away but are in fact closer they need to be allowed more time before entering an intersection.  Motorcycle courses are good - I have taken them myself - but perhaps we should make a more rigorous course a requirement to obtaining a motorcycle license.

KSL also had a similar article titled "Fatalities increase among older Utah motorcyclists" but was really interesting was to read their comment board to get a feel for what people think.

Congratulation to Joe Slaon for winning the Utah Highway Safety Office's "Drive Aware.  Ride Aware" motorcycle safety video contest.  Joe wan $1,000 for his four-hour effort.  If you page down on the HSO facebook page you can find the motorcycle safety awareness video. Joe looks like a new driver but he has some sage words of advice and references statistics to bolster his point.  He says that one out of nine highway fatalities are those riding a motorcycle and that number is rising.  Here are some other interesting statistics:

• Motorcycle crashes most often occur in Utah between 4 and 6 p.m.
• Most motorcycle crashes in Utah occur on Friday, Saturday and Sunday.
• Motorcycle riders ages 20 to 24 are most involved in motorcycle crashes in Utah.
• Most motorcycle crashes in Utah occur between 30 to 39 mph.
• The number of motorcycle crashes in Utah per miles travel are increasing.
• The number of motorcycle deaths in Utah per miles travelled are static.
• The number of crashes per registered motorcycles in Utah are dropping.

• The number of motorcycle deaths per registered motorcycles in Utah are dropping.
• Of all vehicle crashes in Utah motorcycle crashes are increasing and account for about 12% of all crashes.
• Most motorcycle crashes in Utah occur in Salt Lake County, followed by Utah, Weber and Davis counties.
• If you are in a motorcycle crash in Utah you are 2.4% likely to be killed.
• If you are in a motorcycle crash in Utah you are 7 times more likely to be killed than in a car crash.
• Males are involved in about 83% of motorcycle crashes in Utah.
• About half of those involved in a motorcycle crash in Utah were wearing helmets.
• Most motorcycle crashes in Utah involve collision with another vehicle.
• When motorcycle crashes in Utah involve another vehicle the other vehicle most likely failed to yield the right of way.
• When the motorcyclist is at fault most often they performed an improper lane change or were following too close.

On Friday August 21, 2009 a West Valley City motorcycle officer was chasing a traffic violator - he pulled into the center lane of traffic and turned on his lights to pass an uninvolved car and as they enter an intersection the uninvolved car suddenly made a left-hand turn crashing into the officer.  The motorcycle stayed upright but was propelled into oncoming traffic where another crash sent the officer to the pavement.  Lt. Bill Merritt said the officer's helmet had a "good gouge" out of the back side and immediately after the crash the officer was on his feet and talking, but he was disoriented and unsure what had happened when Merritt arrived five minutes later.  "He's fine, but he had pretty good road rash on the right side of his body,"Merritt said.

This officer was very lucky that he was wearing a helmet and the injury could have been much worse.  The officer might have sustained a traumatic brain injury or sustained a severe laceration at best.  It is speculation whether the helmet saved his life but what is certain is that the injuries could have been much worse.

The statement by Lt. Merritt that the injured officer "He's fine" is premature because brain injury caused by a motorcycle crash can be latent not presenting obvious injury until hours, days or even months later.  Even a mild concussion may eventually cost this officer his ability to be a motorcycle officer in the future interfering with his vestibular apparatus and causing balance problems for example.  Because someone stands up after a crash we can not assume they are "fine" and I believe that all but the most minor crash victims should seek medical care to make sure they are not injured.

On August 13, 2009 Utah Highway Troopers, motorcycle instructors and health experts met at the Salt Lake Harley Davidson dealer to discuss a recent surge in motorcycle deaths. 

The Salt Lake Tribune reported that out of 22 fatal motorcycle fatalities so far this year, 19 involved riders older than 40 -- a cue that experienced riders should consider a "tune-up" on their skills, said Dale Bell, owner of Utah Motorcycle Education, which offers motorcycle safety classes. Such a class -- also offered by most dealers and community colleges -- would refresh riders' ability to maneuver their bikes and adjust to new technology.At this time last year 27 people had died in motorcycle crashes in Utah.

The Deseret News reported that Yeaton, a 31-year-old clinical nurse at University Hospital, sees motorcyclists in and out of her emergency room on a regular basis. Most wound up there due to driving under the influence. But the deadly cases have something else in common — the driver not knowing their limits, or the bike's, because of a lack of safety training. Most, she says, also weren't wearing a helmet.  Trooper Roden says that at least 10 of the victims so far this year were wearing helmets.  All of the participants at the discussion urged the use of helmets, leathers and to take a safety riding class.

I have talked about the need for more education and motorcycle riding classes going so far as to make the taking of motorcycle classes a prerequisite to obtaining a motorcycle license.  But more needs to be done - drivers need to be educated as well about the need to watch out for motorcycles and scooters.  Maybe watching a short video about how lives are changed in an instant when not seeing a motorcycle.

Model years 2006 through 2008 of the BMW R1200 GS motorcycle are being recalled for problems with their fuel system because the fuel pump control unit housing might be insufficient and water could get into the control unit creating a humid atmosphere causing it to corrode and fail unexpectedly.

You can contact BMW at 1-800-831-1117 or the National Highway Traffic Safety Administration at 1-888-327-4236 for more information.

On August 6, 2009 a man lost control of his motorcycle on Interstate 15 near Washington City in Utah when it appears that his rear tire failed and separated from the wheel according to the Utah Highway Patrol.  "Witnesses said they heard a small bang. After that, the vehicle lost control," said Utah Highway Patrol Sgt. Jacob Hicks.

When you are riding a motorcycle few things are more important than your tires.  You must check your tires before and after every ride to make sure they have not been damaged by road debris or the road itself.  Tire ware is also a danger and it is easy to say you will replace the tire tomorrow, next week, next month but time has a way of disappearing and if you are in doubt about the safety of your tires get them checked out.

There is also a lot of construction of Utah roads and you know that uneven road surfaces can easily damage a wheel that can cause the tire to become separated from the wheel at worst or create a horrible wobble and cause you to lose control.  We have to make sure our bikes are in excellent condition to keep us safe!

At this year's Muscular Dystrophy Ride held in Salt Lake City and sponsored by Harley Davidson of Salt Lake City I won a Harley 2009 Dyna Super Glide and my wife took it - but it is OK!  I already own a Harley, a 2006 Dyne Low Rider, a bike I truly love and enjoy so I gave the motorcycle to my wife who will not ride with me.  You see, she is the kind of person who likes to be in control when driving.  She makes for a poor passenger in a car or truck and even a worse passenger on a motorcycle.

When I bought my motorcycle in 2006 I had been riding for about 30 years already but off and on and not for a year or so just before I bought the Dyna.  My wife insisted and I admit I did not put up much of a fight to needing to attend a motorcycle safety riding class.  I enjoyed the class and learned a little but most importantly the class reminded me of how dangerous riding a motorcycle can be.  So... of course I insisted that she go and take a motorcycle class.  My daughter also decided to take the same class with my wife.  My son rides a sports bike and now we are a total motorcycling family.

My wife has to get out a little more on the Super Glide but she is slowly becoming more comfortable.  The safety class gave her the confidence to ride the Super Glide which is a pretty big bike for my 5 foot darling.  My advice?  Take a safety riding class and take it easy until you are comfortable hitting the highway - stay within your zone of comfort and always be prepared for the inattentive driver - and gear up.

Take care and be careful out there!