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  • Rider Justice - Standing up for Bikers
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Scott O'Sullivan

Coloradans Organized for Responsible Driving

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

Scott O'Sullivan - The O'Sullivan Law Firm, motorcycle accident attorneys
Scott O’Sullivan

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

Filed Under: Legal, Magazine, Safety Tagged With: 11/19, CORD, Legislation, Scott O'Sullivan, Susan Dane

Colorado Motorcyclists Can Now Proceed Through “Dead Red” Lights

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

Scott O'Sullivan - The O'Sullivan Law Firm, motorcycle accident attorneys
Scott O’Sullivan

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)

Filed Under: Legal, Magazine, Safety Tagged With: 08/19, Bruce Downs, dead red light, Scott O'Sullivan

Rider Justice Has Created a New Car Game to Raise Awareness of Bikers

June 5, 2019 By Scott O'Sullivan Leave a Comment

“I grew up playing Punch Buggy or Slug Bug, punching my sibling every time we spotted a VW bug,” says Scott O’Sullivan, founder of Rider Justice and owner of The O’Sullivan Law Firm. “I’ve always wanted to create a game for kids that raised awareness of motorcyclists and even bicyclists on the road.”

[Read more…] about Rider Justice Has Created a New Car Game to Raise Awareness of Bikers

Filed Under: Community, Magazine, Safety Tagged With: 06/19, BikerDown, O'Sullivan Law, PSA, Rider Justice, Rider Up!, Scott O'Sullivan

6th Annual Look Twice Save a Life

June 5, 2019 By Laurie Montoya Leave a Comment

Colorado and mother nature being the way they are… you just never know what you are going to get every year for the BikerDown’s Look Twice Save a Life ride, but still the riders always say they wouldn’t miss this ride! The road captains were on messenger daily trying to alter their ride in the event of rain, hail or snow. Registrations were up this year and BikerDown had over 100 riders pre-register and we had an additional 50 riders register at Avalanche Harley-Davidson in Golden.

[Read more…] about 6th Annual Look Twice Save a Life

Filed Under: Events, Magazine, Non-Profit, Ride Tagged With: 06/19, Avalanche Harley-Davidson, BikerDown, Brothers of the Sun, Dirty Dogs Roadhouse, Focus on Giving, Laurie Montoya, Look Twice Save a Life, Randy Run, Scott O'Sullivan, WideOpenSaloon

Munky Mark Found His Life’s Mission with Bikers

June 5, 2019 By Scott O'Sullivan Leave a Comment

Munky Mark Berman is a man who found his calling 50 years ago and held on with both hands (on the handlebars)!

[Read more…] about Munky Mark Found His Life’s Mission with Bikers

Filed Under: Business, Magazine, Promotion Tagged With: 06/19, Motorcycle Transport, Munky Mark, Scott O'Sullivan, Services

If Your Friend Goes Down, Could You Help?

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

When I founded Rider Justice, I had many goals but, first and foremost, I want to make it safer for bikers to ride! We accomplish this through several efforts, including legislative advocacy (let’s end texting and driving!), and also by helping riders make sure they have the right motorcycle insurance (auto drivers don’t carry enough to cover the injuries they cause).

[Read more…] about If Your Friend Goes Down, Could You Help?

Filed Under: Magazine, Safety Tagged With: 05/19, ABATE, ASM, BikerDown, Don Enninga, Rider Justice, Scott O'Sullivan

Freedom Fest: Behind the Scenes

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

I have met a lot of remarkable people in my life, but right now I stand in awe of Dean Gary, founder and organizer of Freedom Fest, an event that celebrates the men and women who serve in our country’s military forces.

[Read more…] about Freedom Fest: Behind the Scenes

Filed Under: Concert, Events, Magazine Tagged With: 05/19, Danny Masters, Dean Gary, Extreme, Freedom Fest, Great White, Jacob Cade, Lotus Gait, Queensryche, Rhoar, Rider Justice, Romero, Scott O'Sullivan, Steel Heart, Straight Six, Veterans, Vixen

How to Build a Motorcycle First Aid Kit

April 3, 2019 By Scott O'Sullivan Leave a Comment

Scott O’Sullivan

Everyone who rides a motorcycle on our roads should be prepared with some basic supplies in case they ever become injured or stranded. But, while it’s easy to pack a bunch of first aid supplies and emergency gear into a car, bikers have to downsize a lot, which is hard!

[Read more…] about How to Build a Motorcycle First Aid Kit

Filed Under: Magazine, Safety Tagged With: 04/19, BikerDown, Rider Safety, Road Guardians, Scott O'Sullivan, Trauma Kit

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

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

Personal Injury Attorney Scott O'Sullivan speaks in favor of distracted driving laws in Colorado.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

Filed Under: Legal, Magazine, Perspective Tagged With: 03/19, Accident Scene Management, ASM, Colorado Legislation, Legal, Perspective, Rider Justice, Scott O'Sullivan

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

Filed Under: Legal, Magazine, Safety Tagged With: 03/19, Colorado Legislation, CORD, O'Sullivan Law, Rider Justice, Scott O'Sullivan, Susan Dane

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