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2021 is HERE! What Resolutions will you stick to this year?

January 5, 2021 By Laurie Montoya Leave a Comment

Editor & Publisher of Colorado Rider News

By: Laurie Montoya

2020 is behind us, A new year is upon us and many hope that 2021 will bring healing to all. The start of a new year is a time of making positive change, arriving at fresh decisions, and transforming old habits into great ones.

This year, life looks different than it did last December. When the 2021ball dropped the streets were not filled with hundreds of thousands of people, many celebrated in a quiet, low-key way, perhaps snuggled on the couch.

As motorcycle riders, our bikers had more time to ride and saw an uptick in motorcycle fatalities and accidents and as a rider myself, I know it is time to consider what I can do to be safer on the ride.

Dieting and saving money might sound like good 2021 new year’s resolutions. But, really, the best resolution you could make is: ride more motorcycles and make some changes in how you ride. Here are some motorcycle resolutions to keep in mind in 2021

To get an FREE Insurance Review contact RiderJustice or visit this link click here

Increase your bike/car insurance – not the most glamorous first resolution, but certainly the most important. Colorado riders ride year-round and accidents as we know happen weekly in our community. All riders MUST have at least 250k dollars in under or un-insured motorist coverage. 50% of all drivers in Colorado do not have car insurance and if they do another 25% of them have liability only. No-one likes high priced insurance, but FREEDOM of the ride is NO LONGER FREE. Do it for your family and friends if nothing else, family members are the ones who will struggle to help you if or when you have an accident.

BikerDown offers the Aflac Accident Essential policy inclusive in our Roadside Plus Membership for $35.00 Click here to JOIN

2. Add a Supplemental policy such as Aflac or MedPay – These supplemental policies are vital coverages to have in the event of an accident and will cost you less than you think. I cannot tell you how many times a rider has said to me I have FULL-COVERAGE, so I am good. Full coverage covers your bike loan or helps you if you hit someone. What full coverage does not DO is help keep your family financially a float while you are out of work. Health insurance will pay your medical or doctor’s bills. But having 1 of these supplemental policies will help offset your loss of income while you are recovering.

Aflac Accident policy inclusive in their 35.00 per month ($1.16 per day) membership that you can utilize in any type of an accident not just on the bike.

MedPay – Medical Payment Coverage, also called MedPay, is a premium that your car insurance company must offer you. MedPay is relatively inexpensive, adding about $5 per month to the cost of many policies. This is because its use is limited, and its maximum payout is low. In fact, to forfeit the coverage, you must sign a waiver. The value of the coverage can range from $5,000 to $25,000. Watch this video for more information on MedPay

3. Get your Living will and affairs in order – again not on most people’s top 10 of things to do, but vital in the event of an accident. We all know that life can change in a blink of an eye. Accidents can happen but thinking that your family and friends know your wishes or will honor your wishes after an accident of fatality is quite a different story. We lost many of our biker family in 2020 and the aftermath of confusion would shock most of you. Take a day to do your living will or watch for one of BikerDown Foundation’s Free Will Friday that will be scheduled for 2021 monthly. They are planning on bringing in experts who can help you get your documents in order..

4. Motorcycle Maintenance – Regular maintenance is one of the best ways to ensure motorcycle safety on the road. Just because your bike starts and runs…doesn’t mean it isn’t a risk for a breakdown leaving you possibly stranded on a ride and causing more damage to your bike when you are forced to get it fixed. If you don’t know what you’re doing, then the New Year is the perfect tie to learn. Take your owner’s manual and get more familiar with your specific bike. You should also always check your tire pressure for the temperature and conditions on the road. Your tires will lose pressure in colder riding conditions and not give you the performance you might need…traction is also so important in Colorado with the ice/gravel and other hazards that can be on our mountain roads

5. Get your endorsement – Many riders are riding in our state and nationwide without their motorcycle endorsement. While your state may not require it, many states do…so taking that trip cross country you might head into a state that requires it. I believe there are also some insurance discounts/benefits that you can get from your insurance company by showing them that you have your endorsement or have completed some refresher classes.

6. Update your riding skills – Many of you have been riding for years, but there is not anything better than taking a day to refresh your motorcycle skills and learn some additional defensive driving tips. There are also Accident Scene Management classes sponsored by Rider Justice and BikerDown that can help someone render aid in the event of an accident.

7. Is it time for a new helmet? – In terms of safety gear, a DOT helmet is one of the most important items you can add to the bike, and if you are planning on any road trips outside of Colorado, you will need to carry a helmet when you travel. While Colorado riders have always believed in the choice to wear or not wear a helmet it is astonishing just how many bikers will compromise their safety in a bid to look cool on the road. I too had never wanted to wear a helmet, but now have taken that leap to additional safety when I ride by purchasing a DOT helmet.

8. Safety clothing and apparel – For years if you wanted to wear motorcycle safety gear you had to go to a sport bike clothing manufacturer and it really did not match your clothing or style of clothing. Companies like Tobacco Motorwear Company have brought to the motorcycle riders (male and female) clothing such as Kevlar riding pants and jackets and vests that have D30 back protectors. D30 is a new technology is the thinnest and most advanced protection against impact around. Basically, it is very thin and flexible until impact and then hardens instantly.
Ride more often – you should try, and ride more than you did in the previous year. Set a goal of riding a specific amount of days per month. It can be hard to do with family, work and other commitments occupying most of your time, but if you are a passionate rider, then it shouldn’t be viewed as a chore. Even if you must go around the corner for a few groceries, make it your duty to take your bike instead. Once the nice weather hits your area, get out and join up with local organized charity rides. Find a group of riders that share your passion and style of riding is also a great way to get out and ride more. The more buddies you have that want to hit the road, the easier it will be for you to get off your butt and go for a ride.

9. Plan a Motorcycle Trip – Colorado riders has some of the best riding in the country. Make a list of states that you have always wanted to ride to and start planning. Road trip can get expensive, but if you decide on taking your motorcycle somewhere instead, you will enjoy the freedom and experience of getting to your destination a lot more. Now is the perfect time to start planning something for 2020 because, in Colorado winter is still upon us and will limit our riding over the next few snowy months. There is some amazing riding outside of Colorado…so make your bucket list and start your saving for your trip. The possibilities are endless. You just need that determination and drive to start organizing things and follow through with it. You only live once, so you might as well make it memorable experiencing the unfamiliar.

Being pro-active with your riding and taking some simple necessary steps to keep you a little safer on the road seems to me to be the BEST Motorcycle New Year’s Eve Resolution!

4 Ways to Know if Your Motorcycle Accident Attorney is an Ambulance Chaser

December 28, 2020 By Scott O'Sullivan Leave a Comment

Scott O'Sullivan - The O'Sullivan Law Firm, motorcycle accident attorneys — Scott O’Sullivan, founder of Rider Justice

Personal injury attorneys have a bad rap. That is no surprise to anyone. The slur “ambulance chaser” is applied to the entire profession because, well, it was earned. There was a time when personal injury attorneys showed up at disaster sites of all kinds and handed out their business cards, hunting for injured clients. I’ve never actually heard of an attorney chasing an ambulance, but I still think the profession has earned the term.

In my estimation, too many people pursue this field of law for pure financial gain. Luckily, there are some of us who pursue it as a calling, our vocation. But how can you tell the difference?

I have written extensively about the legal shops that I call “personal injury mills.” These are the personal injury firms that chew clients up and spit them out, usually with settlements well below what they could have (should have) received. The problem can be especially bad for motorcycle crash victims who often sustain significant injuries, are facing police bias just because they were on a motorcycle, are dealing with hospital bills and big medical decisions, and don’t have time to “babysit” motorcycle attorneys who aren’t doing their job properly.

So, I am going to share the top 4 ways to know if a motorcycle accident lawyer is an ambulance chaser. I’ll share the list and then I’ll take a deeper dive into each of the reasons I give.

Your personal injury attorney might be an ambulance chaser if he/she…

Only speaks to you once and hands your case off to a paralegal, never or rarely speaking with you again.
Charges you fees for anything at all before your case settles.
Talks about settling before understanding your injuries completely. (Or tells you to stop medical treatment so that he/she can settle!)
Tells you what your case is worth before considering all the sources of compensation available to you.

Now, let me break these down so that you understand why they are red flags.

1. Only speaks to you once and hands your case off to a paralegal, never or rarely speaking with you again.

Most ambulance chasers are playing a wicked numbers game. They need a very high number of motorcycle crash cases to pay for their marketing, so they churn clients in the door and lead them to settlement as quickly as possible. In their haste, these attorneys will generally do a very good dog-and-pony show prior to a prospect signing up – meeting with them, returning calls, etc. – but as soon as the client (read: injured victim of a motorcycle crash who probably needs some significant legal help) signs on the dotted line, their case is taken over by a paralegal.

While paralegals are fantastic supports to attorneys, they are not attorneys. If an attorney is not 100% in charge of your case, then you will not receive the representation you need. If only paralegals return your calls, it’s a good sign that the attorney has no idea who you are.

2. Charges you fees for anything at all before your case settles.

The entire personal injury field works on a contingency basis, which means we do not get paid unless you get paid. We must incur all of the costs to research your case, hire the experts to study the scene of the motorcycle accident, work with hospitals and doctors to reduce your medical bills, and (this is perhaps the most important) be willing to absorb all those charges for as long as your treatment takes. If a motorcycle crash victim is seriously injured, that could be years.

I have heard of attorneys charging their clients for everything from expert witness testimonies to copier paper while they are still working on the case.

If your lawyer is trying to charge you for anything at all prior to your case’s completion, you are probably dealing with an ambulance chaser.

3. Talks about settling before understanding your injuries completely. (Or tells you to stop medical treatment so that he/she can settle!)

Many personal injury attorneys would rather “take the bird in hand” than wait for the two in the bush. By this, I mean that they would rather settle your case for less and do it quickly than wait (perhaps years) for a potentially higher settlement.

However, motorcycle crash victims often need a lot of time to recover. In Colorado, a case cannot be closed until a victim ceases treatment, thereby putting an end to medical bills. Ambulance chasers would rather convince their clients that they are “fine” than take time to make sure that their recovery is truly headed in the right direction.

Ambulance chasers need the cash now, and they will get it from your case at your expense by encouraging you to quit medical treatment and settle early.

4. Tells you what your case is worth before considering all the sources of compensation available to you.

One of the most time-intensive (and rewarding!) aspects of being a motorcycle accident attorney is in taking a deep dive into the motorcycle victim’s insurance, the at-fault driver’s insurance, the many other “pots” that may be available for compensation, and putting together a complete picture for each client of what their case may be worth. This takes time. And it also takes a level of passion that you will only find in an attorney who does this work as a vocation.

I have worked with clients who have been told by other attorneys (before they even signed up, let alone researched the accident) that they can only get $25,000 from the at-fault driver’s insurance company. Often, my deeper research reveals additional details, like perhaps the driver was in his mom’s car and her insurance is available, too. Or maybe the at-fault driver was in a rental, opening up another “pot” for compensation. You need an attorney who is willing to take the time (and who has the time) to investigate every aspect of your crash.

If you have any questions about your motorcycle crash, don’t hesitate to contact me today! You can call or text me at 303-388-5304.

Scott O’Sullivan is the founder of Rider Justice and the O’Sullivan Law Firm.

How to Insure Your Motorcycle Without Going Broke

October 1, 2020 By Scott O'Sullivan Leave a Comment

Insurance is so important. As an avid biker, you embrace the risks as part of the freedom you experience. You also need to embrace insurance.

The good news is that, by taking a little time to do some research, you might be able to reduce your insurance premiums. It’s important to understand what Colorado insurance companies take into account when determining the premium on your motorcycle and how to keep your insurance costs down.

The more expensive the bike, the more expensive the insurance

Like most car insurance policies, motorcycle insurance costs vary from bike to bike. Insuring a small or commuter motorcycle will be much less expensive than insurance for a high-end bike that has high horsepower. Therefore, when you’re purchasing your motorcycle, don’t get captivated by the most expensive bike you can possibly afford because you need to leave money in the bank for the high insurance rates you’ll pay on that bad boy.

Consider your budget not only for what you’re willing to pay for the bike up front, but also for how much you can afford when you have to pay the insurance premium every month.

Also, the bigger the engine, the more it will be to insure. Big engines mean big speed, which generally means big crashes. Along these lines, sport bikes tend to come with much higher insurance premiums than cruisers. It’s important to remember that the safer your motorcycle is, the less expensive your policy will be.

See what insurance Rider Justice recommends for motorcyclists.

Drive Safely

Are you an extremely safe and meticulous driver in your automobile? Some insurance companies will give you a discount on your motorcycle insurance if you’re a good auto driver. The same is often true for motorcycles. Obviously, nobody wants to get in an accident, but if you play it extra safe and always stick to the rules, you’ll have a greater chance of being accident-free. Having no accidents may entitle you to a no-claims bonus. The qualifications for this bonus vary between insurance companies and states so be sure to do your research.

Ride Alone

“Guest passenger” coverage is a category of insurance that only pertains to motorcycles. This is different from automobile policies, which generally cover all other passengers in the vehicle without any extra costs. If you’re a fan of being one—and only one—with your motorcycle, or if you’re willing to become a fan of solo riding, this might be a good way to save some money on your insurance coverage.

Here’s the catch, and it’s important: If you don’t have guest passenger coverage because you’ve decided to be an exclusively solo rider, you should never, EVER let another person ride with you.

If you should get into a motorcycle accident, the financial impact to you could be catastrophic. Imagine your friend with severe or life-threatening injuries and your insurance company saying to you, “We owe you nothing.”

That friend of yours (or their family) could actually sue you (I’ve seen it happen over and over again between people who were the tightest of friends) for help paying their medical bills. You could lose your home and all your other possessions. Never let another rider on your bike unless you’re insured to cover them.

Cap Your Mileage

For a lot of people, their motorcycles aren’t their primary mode of transportation. Some riders just use their motorcycles during spring and summer months, while others tend to take them out only on the weekends. If your motorcycle is more like a toy or a hobby, you may want to consider capping your mileage. Some insurance companies may offer a lower premium for lower annual mileage.

According to the National Association of Insurance Commissioners, in most states, “insurers can use your credit-based insurance score to determine your premiums.” For example, they reason that if you seem responsible with your money, you’ll be responsible for your own safety.

Insurance companies also figure that you will pay your premiums on time if you have no history of being delinquent on a bill. Each insurance company uses different criteria to determine how you would manage your risk exposure, so make sure to do your research.

Take a Motorcycle Safety Class

I saved the best for last. For many reasons, you should take a motorcycle safety course. The best reason is because it could save your life, and even help you save other lives. Another good reason is because your insurance company may reduce your premium when you give them proof that you passed the course.

My favorite place to take a motorcycle training class in Colorado is at the Motorcycle Training Academy, which has schools in Colorado Springs and Aurora. The instructors there have huge hearts and they understand the passion people have for their bikes. That’s why they are passionate about keeping you safe.

Once you’ve taken that basic safety class and you’ve got some miles under your belt, go back to MTA and take advanced rider courses to keep your skills sharp and learn advanced skills. If you’re willing to invest in new equipment for your bike, be willing to invest in yourself.

There are other ways to reduce your motorcycle insurance premiums, but I don’t necessarily recommend them. For example, don’t increase your deductible just to save a few bucks every month. Also, you NEED to get underinsured motorist coverage (UIM), which will add to your premium, but since Colorado has so many uninsured or underinsured drivers, you need to protect yourself from them.

As always, if you have any questions at all about this topic, call or text me at 303-388-5304.

Prepping for the Riding Season

March 5, 2020 By Scott O'Sullivan Leave a Comment

A number of you Colorado Rider News readers are all-season riders but not everyone rides in through the winter season. For those that put the bike away for several of the winter months, the warming weather really creates an itch to hit the road.

[Read more…]

Coloradans Organized for Responsible Driving

October 31, 2019 By Scott O'Sullivan Leave a Comment

In February of 2016, Brian and Jacquie Lehner were riding their Harley-Davidson on Highway 83 near Franktown when an oncoming driver crossed the double-yellow line and hit them head-on. Both of the Lehners were killed. The driver, Athina Munoz, was found by police to be texting while driving, and she was also high on multiple substances.

Susan Dane was friends with the Lehners, having met them through her Harley-Davidson Chapter in Parker.

“The summer after they died, I told our Chapter members, ‘Something good has to come out of this!’” says Susan. “I looked up the penalties for texting and driving in Colorado and discovered that it was only $50 and one point. We were all shocked and realized we had to get that changed.”

Photo from a strategy meeting before the 2018 legislative session.

Dane understood that Colorado’s laws were not strict enough to make anyone change their habits, meaning more people could die due to texting and driving. But she didn’t know how to change laws. She had never been involved in any legislative efforts in her life.

Therefore, Susan and a few of the Lehners’ other friends requested a meeting with George Brauchler, the district attorney who had prosecuted Athina Munoz.

“He said we had two options to change the law,” says Susan. “Either we could create legislation and try to get it passed through the Colorado legislature, or we could try to get signatures on a petition and get it on the ballot. He told us legislation would probably easier.”

CORD was Born

Knowing this would take an organized, grassroots effort, Susan and several other motorcycle riders founded CORD: Coloradans Organized for Responsible Driving.

“My role was to go out and find bills that had been introduced or laws that had passed in other states,” says Susan. “I discovered that there was a bill moving forward in Colorado that year! Senator Lois Court had introduced the bill, so I gathered a bunch of bikers to show up and testify on behalf of the bill.”

Susan laughs a bit when she thinks of that day. “When Senator Court saw us all walk in the room – all these motorcycle riders – she was afraid we’d be against the legislation because bikers are typically against more restrictive laws, such as helmet laws. But then we all started telling our stories and she realized we were on her side.”

CORD and Senator Court worked together to cross party lines and get a bill passed that year. It was a victory but, according to Susan, still not enough.

“It was a small victory,” says Susan. “We got the fines increased but it was a very hard law to enforce. Basically, the only way to get pulled over and ticketed is if you’re texting while driving, and you’re driving carelessly, and a police officer sees you.”

(I also testified at that first public hearing and have been working with CORD and Senator Court to pass stricter texting-while-driving laws.)

Sadly, a stricter bill was quickly killed in 2018. But everyone involved agreed that they had to keep trying in 2019. Their first goal was to expand awareness and support of their efforts.

“We got insurance companies, AAA, C-DOT, the bicycle communities and so many others involved,” says Susan. “So many people want safer roads!”

The 2019 bill made it through the Colorado Senate but was killed in the first House committee it faced.

“The opposition seems to come from a perceived profiling concern, and because not everybody can afford a Bluetooth-enabled car,” says Susan, who explains that she has hard data refuting the profiling concern, and that there are many ways to go hands-free in any car.

“We aren’t going away!” she proclaims, insisting that CORD and many others will be back for the next legislative session to get an impactful, habit-changing law passed.

“In my perfect world, I would like to see a fine of $500 and 4 points for the first offense, escalating from there for each additional offense,” she says. “This is just as bad as drunk driving! As a comparison, we have a $1,000 fine for littering!”

Want Safer Roads? Get Involved!

Susan would love to hear from anyone interested in supporting CORD’s efforts, and she understands how intimidating it can be to join the legislative process.

“It’s an eye opener,” she says. “I’ve never done anything like this before. Social studies was not my cup of tea in school so I’m making up for it now. Honestly, it’s very interesting and I have seen how average people can make a difference.”

If you’d like to follow CORD’s work, visit them on Facebook. You can also email Susan directly: sdane@caresynergynetwork.org

Unmarried Couples on Motorcycles: What Are Your Rights?

October 2, 2019 By Scott O'Sullivan Leave a Comment

As a Denver motorcycle attorney, I have seen some very scary, tragic outcomes after motorcycle accidents. These outcomes, which generally involve serious injuries or fatalities, leave victims and their family members completely overwhelmed by grief, pain and financial fears.

Recently, I met with the girlfriend of a biker who was hit by a car. She was on the back of his bike and she was seriously injured, as was he. Because they weren’t married, they had a lot of confusion about what they could expect from insurance. The truth is this: insurance is ALWAYS confusing, but in the case of unmarried couples, it can get even murkier.

Therefore, I thought I’d share some typical scenarios involving couples on motorcycles, as well as some real-life stories below. Always remember: It is free to speak with a personal injury attorney about your accident to see if you can make an insurance claim.

Couples on Motorcyclists: What Are Your Rights?

There are three typical scenarios involving couples and motorcycle accidents. (Generally, the man is driving the motorcycle with his wife/girlfriend riding in back, so that is how I’ve written these scenarios. I am fully aware that there are many female bikers who are also victims of motorcycle accidents.)

The accident is his fault and you’re not married: If you’re not married and you are riding on the back of your boyfriend’s bike and he causes an accident, you have a right to make a claim against him for liability. I am NOT suggesting that this motorcycle accident is the end of your relationship because you’re suing him… you’re actually making a claim against his insurance company. (Make sure he has the right insurancebefore you ever get on his bike!)
The accident is his fault and you are married: If you are married, riding on the back of your husband’s bike, and he causes a motorcycle accident, you both better have great healthcare coverage and disability insurance because you cannot sue a spouse for insurance coverage.
The accident is someone else’s fault and you’re not married: If you’re on the back of your boyfriend’s bike and someone else causes an accident that injures you, you have three “buckets” to make claims against, in this order: a) the at-fault driver, b) your boyfriend’s Uninsured Motorist coverage (UIM), and c) your own UIM.

Real Case

Here is a perfect example of that third scenario and why you should always carry Underinsured Motorist Coverage (UIM):

Last year, an unmarried couple was riding on a motorcycle when they were hit by an oncoming vehicle. Both of them ended up in the hospital with injuries. Here are the ways that the couple is covered after this accident:

Both of the victims can make separate claims against the at-fault driver. He had policy limits of $100,000.
The boyfriend can also make a claim against his UIM. He had policy limits of $50,000.
The girlfriend can also make a claim against the boyfriend’s UIM as well as her own. She had policy limits of $250,000.

This means the boyfriend will receive $150,000 and the girlfriend will receive $400,000! This case proves the value of getting as much UIM coverage as you can afford. (I recommend a minimum of $250,000.)

Again, I am not suggesting that you and your boyfriend get into a legal fight with each other. Not at all! This is about insurance claims; not about taking money away from someone you love. The whole reason we buy insurance is to protect ourselves when something goes wrong and motorcycle accidents can cause a lot of financial hardship. You should use all of the insurance available to you. Consult with a Denver motorcycle lawyer to find out exactly where those “buckets” exist.

Unmarried Couples on Motorcycles: True Stories

A couple of summers ago, I had two cases that broke my heart. In both cases, a woman who had just met a man with a motorcycle, got on the back of his bike and they ended up in accidents caused by the biker. In both cases, the women were wearing shorts and the accidents degloved their legs and arms. (That is as gruesome as it sounds.) Because the bikers caused the accidents, the women made claims against the bikers’ insurance companies. Sadly, the women did not also have their own UIM insurance, which would have provided them with significant financial support as they healed from their injuries.

Never, ever get on the back of a motorcycle without checking the biker’s insurance and making sure you’re covered with UIM!

In another case, a friend of mine and her common-law husband got on their motorcycle to watch the 2017 eclipse in Wyoming. He ended up getting killed in an accident that wasn’t his fault; she was not on the bike at the time, thank goodness. Because we could prove that they were common-law married, she was able to use her UIM coverage to help cover costs from the accident, as well as the pain, financial loss and suffering she experienced after his death.

If you frequently ride on the back of a motorcycle, contact me for a free insurance review! I can quickly make sure that you are covered properly. Call or text me at 303-388-5304.

Colorado Motorcyclists Can Now Proceed Through “Dead Red” Lights

July 29, 2019 By Scott O'Sullivan Leave a Comment

Motorcyclists who have faced the frustration of sitting at “dead red” lights in Colorado have reason to celebrate! The Colorado State Legislature has passed a bill allowing bikers to proceed through malfunctioning lights. The law takes effect on August 2, 2019. However, as with all laws, there are important details that bikers should be aware of in order to take advantage of this new law properly.

I spoke with Bruce Downs, State Coordinator for ABATE of Colorado, about this new law. Bruce has been an advocate and champion for new red light laws in Colorado and he has many insights about this new legislation.

Why Are Dead Red Laws Necessary?

Because today’s streets are so “smart,” sensors are now in charge of when traffic lights change. Today, there are two kinds of sensors that alert traffic lights when someone has stopped at an intersection. Unfortunately, they don’t always pick up light-weight vehicles.

How Do Traffic Lights Know to Change?

Over-the-Pavement Sensors: These sensors include motion-sensing cameras, lasers and infrared fields. Over-the-pavement sensors are designed to “see” vehicles that reach a certain point in the intersection and they are often very good at picking up small vehicles, like motorcycles, bicycles and scooters.
In-Pavement Sensors: These sensors are typically the culprit when it comes to dead red lights for motorcycles. In-pavement sensors usually rely on a vehicle’s weight or metal mass to trigger a scale or magnet. You can sometimes tell if an in-pavement sensor has been added to a road because the asphalt has been cut into a circle or square. Beneath that slab of asphalt lies the sensor.

Not only is it annoying for bikers to wait at dead red lights, according to Bruce, it can also be dangerous.

“As we pointed out in testimony, if you’re stuck at a left-hand turn lane and you finally go ahead and make the turn, you’ve made an illegal turn. The other option can be even worse. Sometimes, we have to take a right-hand turn, go down that road and make a U-turn where it’s legal, then go back the other way to cross the intersection. This exposes us to much more danger.”

Bruce says he is aware of many lights that literally never change when a motorcycle is waiting to make a left-hand turn because there’s no oncoming cross traffic.

“A prime example is a light at Highway 83 and Douglas County Line Road,” says Bruce. “There is a light there, and if nobody comes to cross the traffic, it will stay green forever. There are no turn arrows, no crosswalk, nothing.”

New Law Allows CO Motorcyclists to Proceed Through Malfunctioning Light

Senate Bill 19-144, titled “Concerning Allowing a Driver of a Motorcycle to Proceed Past a Malfunctioning Traffic Control Signal,” was sponsored by Senator Rachel Zenzinger (D) and states:

“(1)(a)When a driver approaches an intersection and faces a traffic control signal that is inoperative, that remains on steady red or steady yellow during several time cycles, or that does not recognize a motorcycle that is operated by the driver, the provisions controlling entrance to a through street or highway from a stop sign or highway, as provided under section 42-4-703, apply until a police officer assumes control of traffic or until the traffic control signal resumes normal operation.

“(b)If a traffic control signal at a place other than an intersection ceases to operate or malfunctions as specified in subsection (1)(a) of this section, drivers may proceed past the signal only with caution, as if the signal were flashing yellow.”

In plain English, Bruce restates the law like this: “If a light doesn’t recognize a motorcycle, the driver may proceed as though it is a four-way stop or a blinking yellow.”

However, the law does not require that motorcyclists wait a specified period of time before making this decision, as Bruce had hoped.

“We had requested a two-minute timeframe,” explains Bruce. “If the light didn’t change after two minutes, then the biker would have the legal right to proceed with caution. The new law doesn’t require a specific time limit. It’s just up to the biker to say, ‘The light didn’t recognize me.’”

Clearly, this law leaves a lot of room for interpretation by both motorcyclists and law enforcement, which Bruce was trying to avoid.

Interpreting the New Colorado Dead Red Law

This new law allowing bikers to proceed through red lights could be abused by bikers. For example, a biker might ride up to a red light, wait 15 seconds, and make a left-hand turn. If he says, “It didn’t recognize me,” can he be ticketed for violating the law?

Bruce encourages bikers to follow the intention of the law and not to abuse it.

“I live near the intersection at Iliff and Havana and it’s a longer turn signal than I’d like but I know it works,” says Bruce. “I’ve only seen it malfunction twice in 18 years, but I know it works. I’m not going to abuse this new law and run that light just because I have to wait longer than I want.”

On the flip side, as Bruce makes clear, this law will make bikers safer.

“We can stop at a light and, if it does not recognize us, we do have a legal option to treat it as a four-way stop and go on our way,” he says. “This makes us safer because we don’t have to look for right turns on red or make dangerous U-turns. It’s little things like this that prevent frustration which leads to dangerous choices on a motorcycle.”

There are also concerns that law enforcement may not honor or properly enforce this new law.

For example, if a motorcycle pulls up to a light and it doesn’t recognize him, he may proceed through the light. If law enforcement is coming from another direction and doesn’t see the malfunctioning signal, or if he sees a car recognized and believes the light is not malfunctioning, then the biker may get a ticket.

Time will tell how well this law works.

Turning Left Across a Dead Red Intersection

Because I have seen so many bikers hurt and killed when making left-hand turns, I strongly caution you to wait as long as possible before turning left across oncoming traffic when you’re sitting at a dead red light. If you get hit, it will be your fault because you shouldn’t have turned in the first place. (That’s why nearly every state with dead red laws requires motorcyclists to come to a complete stop and proceed only when it’s safe: the onus is on the motorcyclists to assure his or her own safety.)

As a Denver personal injury attorney, I am very curious to hear from bikers who receive tickets for proceeding through malfunctioning signals. I want to know if this new law is properly understood by both bikers and police. Call or text me if you receive a ticket for proceeding through a dead red light after August 2, 2019. (303-388-5304)

Preventing Distracted Driving Accidents: I Am the Only Personal Injury Attorney in The Room

March 12, 2019 By Scott O'Sullivan Leave a Comment

For over three years, I have been working with Colorado Senator Lois Court to make Colorado’s roads safer through legislation to reduce distracted driving. Thankfully, we’re making tremendous progress and 2019 could be an important year in our fight to end texting-while-driving in Colorado. [Read more…] about Preventing Distracted Driving Accidents: I Am the Only Personal Injury Attorney in The Room

SB19-012 Passes the first round

March 12, 2019 By Colorado Rider News Leave a Comment

By: Susan Dane, Coloradans Organized for Responsible Driving (CORD)

Senate Bill 19-012 (SB19-012), Use of Electronic Mobile Devices While Driving, passed the Senate & Energy Committee on February 14 with a unanimous “Yes” vote. [Read more…] about SB19-012 Passes the first round

Distracted Driving in Colorado: I’m Still Fighting the Good Fight

February 2, 2019 By Scott O'Sullivan Leave a Comment

Scott talks with Susan Dane before testifying in favor of SB19-012 on January 24, 2019.

For several years now, I have been working with Susan Dane of CORD
and with Colorado Senator Lois Court to end distracted driving in Colorado. We’ve had some successes: it is now illegal to text while driving in Colorado and we were able to increase the fines last year to levels that should change behaviors. [Read more…] about Distracted Driving in Colorado: I’m Still Fighting the Good Fight