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.

The American Motorcyclist Association (AMA) seeks suspension of a grant program that targets motorcyclists with checkpoints.  In an article published August 11, 2010 the AMA reviews how NHTSA goes about profiling motorcyclists under the guise of trying to prevent motorcycle crashes. 

Under its Motorcycle Law Enforcement Demonstration grant program, the NHTSA will award up to $350,000 in total to be divided among as many as five law enforcement agencies to set up traffic checkpoints that target motorcyclists.  The AMA questioned the potential discriminatory and legal nature of the program and sent a list of questions for clarification to the New York State Police. To date, New York authorities have not responded.

My recall of constitutional law and specifically the First Amendment protects the right to freedom of religion and freedom of expression from government interference.  Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief.  The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group.

In essence I think the federal government is profiling motorcycle riders.  Profiling can be defined as the extrapolation of information about something, based on known qualities.  So if the hangover impression is that all motorcyclists are drunkards or drug-abusers the government is profiling motorcyclists because they presume that all motorcyclists meet this profile.  There is little doubt in my mind that police are specifically targeting motorcyclists at motorcycle events to see if they have been drinking and arrest those who have thereby decreasing motorcycle crashes.  That is profiling!

Why should I, a law-abiding tax-paying citizen, have to put up with infringements of my freedom?  When I assemble with other motorcyclists it is not for an unlawful purpose.  To the contrary, it is usually to raise money for deserving charities.  To be pulled over because I am a motorcyclist is not right and should be halted immediately.

A motorcyclist profiling check-point was implemented this past spring at Miller Motor Sports Parkway where the entire world watched while police stopped only motorcyclists leaving the World Superbike Championships.  That left a bad taste in the mouths of local notorcyclists and showed the world that teh United States is willing to profile its own citizens.

If you want to voice your concern send an e-mail to the NHTSA through the AMA Issues and Legislation page.

I have been a motorcycle rider for over 30 years and have also been a registered nurse. My law practice focuses on representing injured and killed motorcycle riders and their families. We can help you with medical bills, getting your bike fixed and getting you the money you deserve from the person that caused the crash. 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 was riding my motorcycle the other day on the highway.  I was wearing my helmet, mesh leather jacket, mesh leather gloves, leather boots and even leather chaps becasue I had just come out of the mountains where it was cooler.  I was motoring along and a trickle of sweat ran down my forehead and I realized "Man - its cooking!"  I pulled over at a rest stop and took off and stowed my chaps.  I opened the vents on my jacket.

I thought there has got to be a better way to enjoythe ride and be cool.  Sometimes I would wet down my t-shirt and put it back on under my jacket.  This provides a cooling effect as teh moisture evaporates but I have to say it is not too comfortable.

I came across air conditioning for your motorcycle at H2OG Cooler.  Not exactly air conditioning for your motorcycle but air conditioning (and heating) for the motorcycle rider.  It is an innovative system born of necessity - check it out!

KSL recently reported on an electric motorcycle called the Zero.  John Hollenhorst says "Mysteriously absent is the ear-splitting racket of a motorcycle..."  Maybe John does not realize it or does not ride but that "ear-splitting racket" is a sweet sound to most to most motorcyclists.  There is a rising tide of legislation across the nation meant to limit the noise from motorcycles.  I do not know if Mr. Hollenhorst was intentionally trying to create debate but that will be a topic for another post - back to the motorcycles.

A couple of weeks before the KSL article on the Zero motorcycle.com had an article titled 2010 Electric Motorcycle Shootout written by Jeff Cobb comparing and contrasting the Brammo Enertia versus the Native versus the Zero.  I will not rehash the entire article which is a must read for anyone considering the purchase of an electric motorcycle.

The conclusion, from the article:

In all seriousness, potential consumers can make their own minds up about fit and aesthetic considerations, but we otherwise feel most confident with the $7,995 Brammo Enertia, over the $9,995 Zero and $7,500 Native S, in this order.

Although not able to match the Zero’s power-to-weight ratio, and lacking some of the assiduously thought out weight-saving details, the Brammo has its own qualities and is the most all-around solid. If the Zero had better brakes and suspension, it would have been closer, but despite the Brammo’s slightly lower range potential, its 20% lower price tips us over the edge in its favor.

“The Enertia feels solid and well-engineered,” Kevin comments. “It’s what I imagine Honda might’ve built if it had taken the plunge as early as Brammo.”

Further, Brammo’s dealer support may be best, especially if the company’s plans to roll out a national network come to pass. Zero’s determination to make all sales flow through its California Web-based distribution model along with regional sales reps is questionable, and the Native has spotty support as well.

Any one of these bikes should be investigated further – and based on new offerings from Brammo already, and promises by Zero for 2011, who knows what innovations next season’s models may offer in this rapidly developing field?

To be sure, it’s an unusual time, in which questions arise faster than we can provide answers, so we’ll just cut it here: At this juncture at the dawn of the proposed EV revolution, our e-bike pick of the day is the Brammo Enertia.

I have ridden an electric motorcycle and I really miss the loud "racket" that they make.  Call me crazy but I even like the smell of gas and exhaust.  In the KSL article the rider notes that sometimes they come up behind horses and the horse does not realize a motorcycle is there.  I have had this same experience with a car changing into my lane when riding on my motorcycle - all it took was a rev of my engine to let him know.  We cannot live our life in a bubble folks...

I have been a motorcycle rider for over 30 years and have also been a registered nurse. My law practice focuses on representing injured and killed motorcycle riders and their families. We can help you with medical bills, getting your bike fixed and getting you the money you deserve from the person that caused the crash. 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.

We are giving away two pairs of tickets to the Toby Keith Concert to be held on August 14, 2010 at USANA Amphitheter.  This is part of the America Ride Tour and in part sponsored by Harley Davidson.  Some of the money raised will go to The Ronald McDonald House of Utah.

Simply comment to any article on the Utah Motorcycle Accident Crash Blog or onUtah Bike Law Facebook Page and we will email the two winners.  Make sure to leave your email and have a great time!

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.