I wrote last week about a recent study in Texas showing that since their mandatory helmet law was repealed that motorcycle deaths had dramatically increased calling for a return of mandatory helmets. I have also written extensively on this topic and invite you to explore all of my other posts on motorcycle helmets on this blog - search "helmets." Wyoming, like Utah, currently requires motorcycle riders less than 18 years of age to wear helmets. The Wyoming Trib.com makes a case for return of mandatory helmet law in Wyoming.
The article is written by the Star-Tribune Editorial Board. The article is well-written and references statistics that appear to support a claim that if all motorcycle riders wore helmets that motorcycle deaths would dramatically decrease. Although making passing remarks that vehicle education emphasizing that drivers need to be made more aware of motorcycles the author terminates the article by stating "... the single biggest action our legislators could take to improve motorcycle safety is to reinstate Wyoming's universal helmet law, beginning next year." The article also diminishes the concerns of motorcycle riders by stating "We'd rather see the vast majority of motorcyclists safer, even if they have to sacrifice some comfort."
The motorcycle riders that I talk to, and I talk to a lot, say they prefer not to wear helmets simply becasue they do not want to. I think a lot of motorcycle riders prefer not to wear helmets simply becasue it is not who they are. What I mean by this is the psychological and socialogical implications that attach to motorcycle riders in America - especially in Western America.
The west was won with a raw can-do attitude based on freedom, control of your own destiny, and doing what one wants without governmental interference. Motorcycles have a long history of being associated with freedom and toughness. If you have any doubt of this watch Easy Rider. The simple extension of this logic of course is that one can not be free and tough if wearing a helmet.
The knee-jerk reaction might be that not wearing a helmet is just dumb. Dumb because you can be seriously injures or killed. Furthermore, there are arguments about who pays the cost of caring for injured motorcycle riders. Extended rehabilitation for brain injury is expensive and if the rider does not have enough insurance the cost often falls to the public. All valid arguments and all dealt with before in other articles on this blog.
What concerns me about articles like this one in the Star-Tribune is that it cultivates an attitude in the minds of readers that biases them against motorcycle riders. Until the law is changed anyone over 18 years of age and injured in a motorcycle crash not wearing a helmet is following the law. Plain and simple! Do we as a society want to blame the motorcycle rider for his injuries because he or she was following the law? This is not a rhetorical question. I see bias all the time when I represent motorcycle riders who are injured as a result of other people's negligence. We go to trial and those biases raise their ugly heads. Those biases include:
If riding a motorcycle you assume the risk.
If riding a motorcycle you must have been speeding.
If you did wear a helmet that is your own tough luck.
If riding a motorcycle you were probably drinking or doing drugs.
If you are riding a motorcycle you must be a low-life.
You might think these biases do not exist but let me tell you they do - I see them all the time. News publications need to be careful in how they go about trying to influence public opinion to encourage the electorate to pressure their legislators to change the law.
Utah Bike Law 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.
On July 28, 2007 Angelica Lopez was charged with negligent homicide after she lost control of her 1998 Ford Explorer and killed motorcycle rider Ben Layne. Ms. Lopez knew the brakes of her truck were not working and she continued to drive regardless. She chose to drive and she killed a man. According to the Salt Lake Tribuneciting court documents, Lopez exited her car exclaiming, "My brakes wouldn't work. My brakes wouldn't work."
Lopez, 26, pleaded no contest last month and Third District Judge Michele Christiansen sentenced to 80 days in jail, followed by deportation. "She didn't go out that day expecting to kill someone," Salt Lake City Prosecutor Sim Gill said Monday. "But there was criminal negligence here."
I do not think this is a stiff enough penalty! There is a ground swell across this nation that calls for people to be held fully accountable for their misdeeds. In New York it is now routine for prosecutors to seek stiff penalties ranging from 10 to 20 years in prison for negligent homicide that occurs when driving drunk. What is the difference here? Assuming Mr. Layne was still working and was married with children his family will be deprived of his income and companionship forever. Eighty days just does not seem just or right. Of course that raises the question about what is just and right.
I do not have the answer to that question and the answer should be determined through like penalties given in like cases across the nation. In New York if Lopez would have received 15 years in prison and in California she would have got 30 days maybe somewhere int eh middle might be more fair. Maybe we need to change the laws.
We 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.
Oprah is talking about distracted driving today on her show. As a matter of fact a local man from Utah will share his grief for causing a crash while driving distracted.
The United States is a society of multi-taskers and obsessed with electronic gagets of all types - especially our smart phones. We talk on them, text on them, look at maps on them and even play games on them - all while driving. Distracted driving is becoming an epidemic. Distracted driving is like driving drunk. This is an issue especially dangerous to motorcycle riders because distracted drivers can turn in front of you claiming they just did not see you. Of course they did not see you because they just plain old were not paying attention. When you are propelling a two ton vehicle down the road it is a dangerous piece of equipment - just like a loaded pistol.
The tragedy is on both sides. Of course the person injured endures pain - sometimes years of pain and rehabilitation - and those are the lucky ones. Of course sometimes people are killed and the surviving family is left to deal with the loss. But what about the person who was texting or taling on the smart phone? They are not bad people and probably did not purposefully intend to hurt or kill the person they hit. But nonetheless they caused the crash. They have to live the rest of their lives with the knowing that they have caused great hardship to others.
One of the worst offending segments of society that drive distracted are teenagers. Here is a video that tries to make teens aware of the dangers of texting and driving. If you have lost a loved one or been injured as a result of distracted driving you might think that this video is offensive because it takes a light-hearted approach. But consider teh audience - we need to do everything we can to make sure that people, people of all ages, do not drive distracted.
Here are a few links to great sites that talk about distracted driving and we invite you to become more involved but there is one very simple thing we can all do - and that of course is to pledge that you will not be a distracted driver and not use your phone at all while you drive.
We 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.
Up until 1997 the federal government required state governments to implement helmet laws as a precondition to receiving federal money to help with maintenance of roads. No helmet law = no federal dollars. In 1997 the law requiring helmets to get federal dollars went teh way of slaveryand since then states have been able to determine for themselves whether or not to implement helmet laws. Texas repealed their helmet law in 1997 and since then there has been a 25% increase in motorcycle fatalities per motorcycle mile driven.
I do not argue that motorcycle deaths are not increasing but I do think motorcycle deaths are increasing for additional reasons than just repealing the helmet law. First of all there are a lot more motorcycles on the road given the recent high gas prices. Most of these people entering the motorcycle population are relatively new riders and are inexperienced. As a result of the increased numbers and inexperience more motorcycle riders are going to die.
In the article linked to above a professor states “this study show that it's bad public policy to repeal mandatory motorcycle helmet laws." If public policy were simply to preserve the lives of every human within their borders I might be inclined to agree with the professor. However, public policy is a reflection of what the people want. If the people do not want to wear helmets and want to ride thier motorcycles free with the wind in their hair that is their choice. That choice should not be infringed.
We 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.
The number of registered motorcycles in Utah is growing and since year 2000 have almost quadrupled to 80,000. The last time there were this any where as many bikes on Utah roads is back in 1984 when there was about 68,000. I do not know about you but I sure see a lot more bikes out on the road.
So why are there so many motorcycles? I think there are various reasons. First of all gas is expensive. The last surge in motorcycle registrations was when gas prices spiked sharply back in the 1980's. People that commute are opting to use motorcycles and scooters to save on gas. Second is that people are much more concerned about the environment. Motorcycles use less gas and therefore emit less noxious chemicals into the air we breath. The third reason there are more bikes is babyboomers. They are discovering that motorcycling is a great way to recapture their youth, have some fun and meet great people. The Utah Department of Public Safety states that motorcycle riders now account for one out of every nine U.S. road fatalities each year, with motorcyclist deaths from traffic crashes rising each of the last nine years. Utah has shown an upward trend in the motorcycle serious injury and fatality rate, mirroring the national numbers.
One would think that with the sharp rise in motorcycle registrations that deaths from motorcycle crashes would also be growing at a like rate. That is simply not the case. Yes, motorcycle deaths are increasing with the number of registered motorcycles on the road but they are increasing at a slower rate.
As a matter of fact the number of motorcycle deaths per number of registered motorcycles is actually dropping. Why is that - what are we doing that is successful in reducing the number of motorcycle deaths? One of the primary ways that we are successful at decreasing motorcycle deaths in Utah is becasue of the outstanding job done by the Utah Highway Safety Office. They are speaking to the people that ride bikes in innovative ways and taking advantage of technology to spread the message of safety. For example you can follow the Utah Highway Safety Office on line at facebook.
We can make a difference is we all just slow down and watch out for each other. That goes for motorcycle riders and drivers of vehicles as well. Become educated, take a motorcycle safety class and ride aware. Most of all be safe and have fun out there - after all isn't that what riding is all about?
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.
We 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.
The number of registered motorcycles in Utah is growing and since year 2000 have almost quardrupled to 80,000. The last time there were this any where as many bikes on Utah roads is back in 1984 when there was about 68,000. I do not know about you but I sure see a lot more bikes out on the road.
So why are there so many motorcycles? I think there are various reasons. First of all gas is expensive. The last surge in motorcycle registrations was when gas prices spiked sharply back in the 1980's. People that commute are opting to use motorcycles and scooters to save on gas. Second is that people are much more concerned about the environment. Motorcycles use less gas and therefore emit less noxious chemicals into the air we breath. The third reason there are more bikes is babyboomers. They are discovering that motorcycling is a great way to recapture their youth, have some fun and meet great people. The Utah Department of Public Safety states that motorcycle riders now account for one out of every nine U.S. road fatalities each year, with motorcyclist deaths from traffic crashes rising each of the last nine years. Utah has shown an upward trend in the motorcycle serious injury and fatality rate, mirroring the national numbers.
One would think that with the sharp rise in motorcycle registrations that deaths from motorcycle crashes would also be growing at a like rate. That is simply not the case. Yes, motorcycle deaths are increasing with the number of registered motorcycles on the road but they are increasing at a slower rate.
As a matter of fact the number of motorcycle deaths per number of registered motorcycles is actually dropping. Why is that - what are we doing that is successful in reducing the number of motorcycle deaths? One of the primary ways that we are successful at decreasing motorcycle deaths in Utah is becasue of the outstanding job done by the Utah Highway Safety Office. They are speaking to the people that ride bikes in innovative ways and taking advantage of technology to spread the message of safety. For example you can follow the Utah Highway Safety Office on line at facebook.
We can make a difference is we all just slow down and watch out for each other. That goes for motorcycle riders and drivers of vehicles as well. Become educated, take a motorcycle safety class and ride aware. Most of all be safe and have fun out there - after all isn't that what riding is all about?
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.
We 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.
The Deseret News reported today that 18-year-old Alma Brown is in critical condition after his motorcycle crashed into a semitrailer. The crash occurred at 2850 N. State around 7:00 pm. Brown was reported to be traveling north and according to witnesses was speeding and recklessly driving in and out of traffic. The article says that Brown crashed into the left rear of a car that was hauling a semitrailer. The car was in the fast lane traveling west on 2850 North and was completing a left turn onto State when the crash occurred. Brown was taken to McKay-Dee Hospital in Ogden in critical condition. Police are investigating the crash.
There are a couple of points that need to be made here. First is whether the reporting is accurate. Unless the car was some type of prototype I am unaware of any car that can haul a semitrailer. Second is the report witnesses.
Witnesses to a crash are notorious for false reporting especially when reporting on speed of motorcycles. I have a video on my website titled Optical Illusions & Motorcycles that might explain why witnesses mistakenly report the speed of motorcycles. Furthermore, if these witnesses seen Brown recklessly speeding some time before the crash and did not actually see him recklessly speeding at the actual time of the crash their testimony might be kept out of evidence. Motorcycles can accelerate fast and they can decelerate fast and whether Brown was speeding and reckless at the time of the crash is another matter entirely.
Utah Bike Law is 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.
We 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.
The Salt Lake Tribune reported that on January 1, 2010 Karen Baker of Payson Utah was a passenger on a 2008 Harley driven by her husband in California. They were probably enjoying a beautiful ride starting off the new year right. The Baker motorcycle were fifth in line of a group of bikes when a vehicle on Highway 18 just west of Lucerne Valley in California stopped to make a left hand turn. For whatever reason it appears that Colton Baker was unable to stop in time and their motorcycle veered off teh road and flipped throeing both Bakers off. Both Bakers were wearing helmets but it appears that Karen's helmet came off and she struck her head killing her at the scene of the crash. Colton Baker suffered only minor injury.
Group riding can be dangerous. the lead rider needs to be a seasoned rider and be aware that each rider behind has an increased delay in reaction time to respond to dangers ahead. There is a great article for everything about group riding at motorcyclecruising.com. You need to read this article before leading or being a rider of a group of motorcycle riders.
Utah Bike Law is 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.
A four ton bronze sculpture by Jeff Decker named "Land Speed" was stolen from the front of Timpanogos Harley sometime this past Friday night. Obviously heavy machinery was required to abscond with the sculpture. "Land Speed" was mounted on top of a huge boulder and all is gone - including the boulder.
Lindon police are asking anyone who saw a crane or forklift in the area Friday morning to call them at 801-229-7070. The piece is valued in excess of $100,000. I think the sculpture is beautiful and the people who stole it should return it - let's say if it is returned by midnight this coming Friday no questions will be asked!
Too late! It appears that the sculpture was "stolen" by the artist. KSL reported that the Harley dealer declared bancruptcy some time back and Mr.Decker may have simply reclaimed his work. The legalities are murky but the bankruptcy court will probably have the final say in the matter.
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.
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.
Douglas Scholes of Hurricane Utah was killed in a motorcycle crash earlier this year. St. George police have recently cited an Ivins Utah woman for an unsafe lane change in connection with the fatal motorcycle crash. It appears that Scholes was attempting to pass the woman's vehicle when she made the improper lane change to her right and Scholes was unable to avoid the car and crashed into her right rear wheel. There were apparently reports that Scholes' speed was excessive but that might be explained by his attempt to avoid the oncoming car. Scholes was not wearing a helmet at teh time of teh motorcycle crash and was killed in the crash.
I am often infuriated by reports where the motorcycle is injured or killed and reported not to be wearing a helmet. Reports like this appear to put the blame on the motorcycle rider becasue the article infers that had Scholes been wearing a helmet everything would have been fine. First and foremost wearing a helmet in Utah while riding a motorcycle is only required for those riders less than 18 years of age. In other words Scholes was following the law by not wearing a helmet! In this case it appears that the woman caused the crash and she should be held responsible for not keeping a lookout to where she chose to guide her vehicle.
Utah Bike Law is 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.
Motorcycle Law Blog
and since then states have been able to determine for themselves whether or not to implement helmet laws. 
