Big bikers, bigger hearts

Representing Bikers Against Child Abuse, Pilot, Twisted Sister and D-Day offered their services to Saline County at the Inter-Agency Council meeting on Tuesday morning.

The unlikely guardian's black-inked tattoo, gruff appearance and crass language makes him seem dangerous, and the thunderous roar of his bike is surely off-putting.

The biker poses a threat, but that's the point.

As a member of Bikers Against Child Abuse, he fends off perpetrators of abused children, and he works to empower kids living in fear of violence. At the Inter-Agency Council's regular meeting Tuesday, D-Day and his biker buddies, Twisted Sister and Pilot, offered their assistance to Saline County.

"We're big burly guys," D-Day said. "But we're guys with big hearts."

The group of bikers exists to create a safer environment for abused children. Founded in 1995 by a therapist known as Chief, the bikers encourage children to testify against perpetrators in court.

"We are the plague to end child abuse," Chief said in a video message viewed by the council.

The National Child Abuse and Neglect Data System estimated 1,770 child fatalities in 2009 in the United States. D-Day said 96 child abuse related deaths occurred in Missouri last year, and for every reported case it is believed there are three unreported cases of abuse.

Every BACA member rides because they have a "big heart" for children. If it helps empower the victim, they'll send the child to therapy, horseback riding or karate classes. The non-profit organization directs all the donated money toward helping the BACA kids.

"There's nobody in BACA that gets a check for doing what we're doing," D-Day said.

The bikers prepare the kids for the courtroom, go to trial with them, and, if needed, provide full-time protection during a threat.

"If you want to come after me that's fine, just don't go after the kids," he said. "I can take care of myself."

BACA works in conjunction with local and state officials, but the group consists of bikers from different backgrounds including law enforcement, lawyers, blue collar workers and people with "shady pasts." They only exclude child abusers or non-bikers from the organization.

According to their mission statement, they never condone violence. But if necessary, the bikers stand ready to divert perpetrators from children.

"If you're a pedophile or someone who's going to hurt a child, you're going to meet my fist," he said.

Consequently, in times of need D-Day has gone prom shoe shopping and sat at Wendy's all night while a BACA kid worked. He even took a 10-year-old boy to the swimming pool when the previous solution for his safety had been to keep him indoors.

"We stay there until the threat goes away," Twisted Sister said.

While there isn't a BACA organization here, well established BACA chapters border Saline County on all boundaries. BACA hopes to protect children in this area, too.

"We'll send whoever is closest and makes the most sense," she said.

BACA assigns each child two primary bikers. These bikers act as the child's protectors, but they also form a relationships with the child by taking them for ice cream and showing up at schools for "show and tell."

The BACA kids grow to trust their new "brothers and sisters," and when 40-plus bikers appear in the neighborhood for a ride, it sends a clear message of protection. This intimidation factor proves essential in securing the children, because most perpetrators live near their victims.

"We say what we do, and we do what we say," D-Day said. "And, there are a lot of us."

The child's confidentiality remains a priority even through the high profile rides. Most of the time, BACA riders don't learn anything about the child's specific case, until they accompany the child to court. Even the child's name remains confidential.

Each BACA kid chooses their own road name. Upon initiation into the BACA family, the kids receive a vest with their new name on it. On a ride, the abused children travel surrounded by their new biker friends, under their new pseudonyms such as "Frilly" and "Duck Man."

"We are a big ugly people, but that empowers them to be the kids they need to be," D-Day said.

For more information visit http://bacaworld.org or call the Kansas City, Mo. Chapter hotline at 816-520-0991


source: www.marshallnews.com
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About Texas Biker Lawyer, David Cole:

Attorney David Cole, as a youngster, recognized his love and passion of motorcycles. Well before law school, he owned and regularly rode numerous motorcycles. With his passion for the open wind and motorcycles, fighting to protect injured Texas motorcyclists and motorcycle rights seemed a natural fit after graduating from law school.

Meet the Bikerlawyer.com Facebook iPad2 Giveaway Winner, Aimee

Last week Facebook user, Aimee Zissa, was randomly selected as our Texas Biker Lawyer Facebook Giveaway winner, and is now the proud owner of a free 16gb wi-fi iPad2.

You may recall in honor of the 2011 Republic of Texas Rally we asked visitors of our vendor booth, and readers of our website, to "Like Us" on Facebook to be eligible for the drawing.  We also gave out other free promotional materials, and we were pleased by the response and the traffic to both our website and Facebook page.

Thank you all for your support.

Remember that we make it our business to protect injured Texas bikers.

You can also follow our quarterly periodical, Texas Rider News, to keep up with Texas Motorcycle Events, News, Discussion, Product Reviews, Rides, etc.

Motorcycle Safety Report Shows Positive Trend

Tulsa police examine a motorcycle that was involved in an accident. Motorcycle fatalities in Oklahoma fell 30 percent in 2010 as compared to the previous year. MATT BARNARD/Tulsa World

For once, Oklahoma has come out looking good in some national rankings: According to a recent report by the Governors Highway Safety Association, Oklahoma had one of the biggest declines in motorcycle fatalities in 2010 in the entire nation, posting a whopping 30 percent drop over the previous year's figure.

The decline may be just because there are fewer motorcycles on the road, or some other similar explanation. Then again, it may be that we're getting safer out there.

Let's hope it's the latter, because it's predicted that two-wheeled transportation will become even more common as more Americans discover the economy of motorcycles and scooters, and as more and more baby boomers attempt to recapture their misspent youth.

The GHSA report noted that motorcycle fatalities declined nationally at least 2 percent in 2010 over 2009, which saw an astounding 16 percent drop over the previous year.

The association estimated there were 4,465 motorcycle fatalities in 2009, and predicted there would be 4,376 or fewer in 2010. (States were still gathering data when the preliminary report was released in April.)

The two years of declines in motorcycle fatalities were cheered by riding enthusiasts (myself included) as indications that safety programs and other measures are working. Prior to 2009, motorcycle deaths had increased for 11 straight years.

According to the report, Oklahoma had 83 motorcycle deaths in the first nine months of 2009, compared with 58 deaths in the first nine months of 2010.

The GHSA's researchers, who surveyed safety offices in all 50 states and the District of Columbia, feel confident that the final figures will represent at least a 2 percent decline over the previous year.

The researchers projected declines in about half of the states, and remarkable declines in several states, including Texas (16 percent), Oregon (27 percent) and Oklahoma.

What could be accounting for this good news? Officials who saw both declines and increases in fatalities had lots of theories.

States that saw decreases in fatalities in many cases have put more emphasis on motorcycle safety. Activities included safety-promotion events, strategic safety plans, and educational and awareness campaigns. These states also were more likely to offer expanded rider-training opportunities. Some states took steps to address specific problem sites.

Some state officials believe there are fewer beginning riders taking to the road, a theory backed up by some dealers who report more recent sales to experienced riders rather than new riders.

Less travel was a factor in some states, where officials believe the economy was keeping some residents from taking up riding. Bad weather also kept lots of bikers off the roads in some states.

Tougher legislation increasing the penalties for riding without a motorcycle endorsement on drivers licenses, and also requiring motorcycle safety courses to obtain an endorsement, also were credited with bringing down fatalities.

Not surprisingly, states that had seen growth in registrations also in some cases experienced increases in fatalities.

Helmet use is a big factor in fatalities, and the recent trend toward less usage could have kept the declines in the last two years from being more dramatic.

A National Highway Traffic Safety Administration report found that use of federally compliant helmets - the most protective type - dropped by 13 points in 2010, from 67 percent in 2009 to 54 percent. Un-helmeted riders increased from 24 percent to 32 percent. Use of federally compliant helmets dropped by 10 points in states with universal helmet laws and by 15 points in states without such laws. (Thirty states don't have universal helmet laws.)

According to the NHTSA, helmets are 37 percent effective in preventing fatal injuries to operators, and 41 percent effective for passengers. In 2008, 42 percent of fatally injured motorcyclists were not wearing helmets; it's estimated that 822 of them would have lived if they had been wearing helmets.

The American College of Emergency Physicians' position on helmets is: "It is the single most effective strategy to prevent death and serious injury. NHTSA estimates that nearly 20,000 motorcyclists were saved by helmets between 1984 and 2006. It also estimates that more than 12,000 people might have been saved had they worn helmets."

Helmet laws were required by the federal government years ago, and by 1975, all but three states mandated helmet use for all motorcyclists. But mandates and incentives changed over the years, and now only 20 states have universal helmet laws. Most of the other states have laws requiring helmet use for some riders, usually younger ones.

While helmet use is advisable in the view of safety experts, they are hugely unpopular with many riders, who contend they restrict their sight and hearing, among other problems. History and experience indicate mandatory helmet laws are a tough sell politically - just look at how many states have repealed mandatory helmet laws - so chances are there won't be a groundswell of support to reinstate them.

While mandatory helmet laws continue to be debated, we now know that expanded safety measures are proving to be more and more effective. More training for beginning riders would be a good idea. Public awareness and educational campaigns work. Better enforcement of speeding and alcohol impairment laws also would help. Highway safety data for 2008 show that 35 percent of all riders involved in fatal crashes were speeding. In 2009, 29 percent of fatally injured riders had blood-alcohol levels above the legal limit, and another 7 percent had lower levels of alcohol.

While the news on fatalities was generally good, there is still plenty of reason for concern. Most of the declines occurred in the first half of the year, with fatalities actually increasing in the third quarter.

In reviewing the national data, GHSA Chairman Vernon Betkey said, "While there is a lot of good news in this report, the increase in fatalities toward the end of the year is a clear red flag. Just like with overall traffic deaths, a strengthening economy presents us with the potential for more tragedy on our roads. We are going to be very aggressive in targeting our programs where they are needed the most. Additionally, we will continue to remind all roadway users that motorcycles are a legal and legitimate way of transportation and we all need to safely share the road."

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source: www.tulsaworld.com (Pearson, 6/26)

5 Myths About Motorcycle Safety Debunked

Many motorists are trading in their cars for motorcycles partly to save money on gas, partly because of the allure of the sense of freedom that only comes with riding a motorcycle. But if you're new to two wheels, be warned: just as the motorcycle has attained a mythical status within American culture, so too are there many myths concerning motorcycle safety.

1. "You should lay your bike down to avoid a crash." FALSE

Laying your bike down is actually just crashing anyway. My guess is that this was a line from a rider who inadvertently found himself on the floor while actually trying to avoid a collision. Maybe before ABS brakes, it was necessary in certain emergencies, but most modern bikes shouldn't have a problem staying upright when stopping quickly. Laying down could actually make things much worse.

2. "Helmets can actually cause more injuries." FALSE

I find it hard to accept that some people actually believe this. Despite urban legends which claim wearing a helmet could impair your vision or could actually cause a rider to break their neck if thrown from their bike, the truth is that countless studies prove the exact opposite. Statistically, wearing a helmet makes you a safer rider as bikers who chose to wear helmets crash far less frequently than those who don't. Additionally, DOT-approved helmets use energy-absorbing technology which prevents neck injuries.

3. "Loud pipes save lives." FALSE

The popularity of loud modified exhaust systems demonstrates the prevalence of the theory that the louder you are, the more likely other motorists will notice you. Not so. Pipes only carry your noise to the rear of the bike, so it only increases awareness to you to those drivers you've already passed - not to those up ahead. It's better to invest in a bright helmet and jacket, which have been proven to save lives.

4. "Don't use your front break." FALSE

Many novice bikers are erroneously taught not to use their front break because if they break too sharply, they could be thrown over the front of the bike. While it's true that 70 percent of a bike's stopping power is in the front break - that's actually power you'll want to use when you need to make a sudden stop. The Motorcycle Safety Foundation teaches new riders to use both the front and rear brakes simultaneously in order to ensure a safe, steady stop.

5. "Splitting lanes is dangerous." FALSE

First off, let me clarify that lane splitting is illegal in Texas. However, a study conducted in California - the only state where the practice is legal - suggests that splitting lanes is actually safer than staying in lane, particularly in heavy, slow-moving traffic. Nonetheless, it's not likely to be legalized in Texas any time soon.

As a Texas Motorcycle Accident Attorney, I've heard all the reasons for why motorcycle accidents occur: "I just didn't see him," or "He was coming so fast" - coming out of the at-fault driver's mouth. But when it comes to you, the rider, make sure you don't fall for any of these motorcycle safety myths. You can't count on regular motorists to be fully aware of their surroundings, which includes you.  So wear the appropriate safety gear, and stay sharp on the roads.  Ride safe.

Is It Time to Ban Motorcycles?

An article this week in the Sun-Sentinel argues that it’s time to ban motorcycles. The author makes a few good points, too, that really can’t be argued with.

• A motorcycle crash is more likely to result in a fatality than a car crash.
• 73 out of every 100,000 motorcycle riders die in a car crash.
• Motorcycle rider fatalities make up for 11% of all traffic fatalities.

Those statistics are taken from a 2007 report from the U.S. Department of Transportation, and as far as I know, are absolutely true. Scary stuff, right?

Of course, that doesn’t exactly tell the whole story. The fact of the matter is that motorcycle fatalities have been declining for the last two years, and organizations like the AMA, MSF, and the NHTSA are pushing motorcycle safety more than ever.

There’s also the fact that the majority of motorcycle accidents are caused by other vehicles.

The Hurt Report, otherwise known as the "Motorcycle Accident Cause Factors and Identification of Countermeasures” report, names other drivers as one of the leading causes of motorcycle accidents and fatalities.

The report reads:

"The automobile driver fails to detect the inconspicuous motorcycle in traffic. This is due to lack of motorcycle and rider conspicuity and lack of caution and awareness of the automobile driver."

Now, the Hurt Report was conducted in the late 70’s, so I’m not going to use that as hard evidence. But the Department of Transportation has compiled various reports that support the fact that distracted drivers are the main cause for concern when it comes to motorcycle accidents. (They even dedicated an entire website, www.distraction.gov, to the problem.)

MSF President Tim Buche, said:

"Distracted driving is of great concern for motorcyclists as we simply have more at stake. Riders are obviously more vulnerable than car or truck drivers, the ones with far more access to a variety of distractions. Most motorcyclists are focused on one thing: riding. Other motorists should be focused on driving."

So are motorcyclists really the problem?

OK, I’ll be the first to admit that a motorcycle isn’t the safest way to travel. But neither is driving. Or flying. Or cycling. I even broke a toe once while I was walking. But should we ban pedestrian travel?
Life is full of accidents. There is only so much you can do to prevent them.

Motorcycle Protective Clothing: Protection From Injury or Just the Weather?

An Australian study providing new evidence on the injury reduction benefits of motorcycle clothing in crashes will be launched in Sydney today. The study, led by Liz de Rome, Research Fellow, The George Institute for Global Health at The University of Sydney, is the first of its kind and will be published in Accident Analysis and Prevention.

This is the first study in over 25 years to examine the effectiveness of specialised motorcycle protective clothing and in particular, body armour. It is also the first to control for the contribution of other factors that may affect the severity of injury, such as speed or type of impact and age of rider.

One of the key findings of the study, which was funded by Australia’s leading motorcycle insurer Swann Insurance and involved 212 motorcycle and scooter riders, was that riders were significantly less likely to be admitted to hospital if they crashed wearing a motorcycle jacket, pants or gloves.

Ms de Rome said “One of the most important findings was the difference it made to be wearing body armour, particularly for hands and knees.”

When garments included fitted body armour there was a significantly reduced risk of any injury. This included a reduced risk of any injury to the upper body by 23%, legs by 39%, hands by 45% and feet by 45%. The results also found riders wearing shoes or joggers had a much higher risk of foot and ankle injuries, as any type of boot reduced risk of injury by 53%.

While there are limits to the extent clothing can prevent injury in high impact crashes, it is in low impact crashes that protective clothing is thought to offer the greatest injury reduction. There is also evidence that the majority of motorcycle crashes do not involve high impacts.

Ms de Rome commented, “Over 200 motorcyclists die and a further 8,000 are seriously injured on Australian roads each year. For many years, motorcycle safety research has been dominated by debate about the effectiveness of helmets with less focus on other protection for the rider’s body.

“With the increasing human and economic costs of motorcycle injuries around the world, there was a need for research into the effectiveness of protective clothing. We hope that the results of this study will show riders that their gear protects them from more than just the weather, encouraging them to wear more protective clothing which will in turn help reduce injuries.”

The results of the study also send a clear message to the manufacturers of motorcycle protective clothing. The proportion of jackets (29%), pants (28%) and gloves (25%) that failed under crash conditions due to material damage indicates a need for improved quality control.

While mandating usage of protective clothing is not recommended by the study’s authors, consideration could be given to providing incentives for usage of protective clothing, such as tax exemptions for safety gear, health insurance premium reductions and rebates.

Co-investigator, Associate Professor Rebecca Ivers, Director of Injury Research at the George, Institute said “This is ground breaking research. It sends a clear message to riders that protection is important every time they ride, and highlights the need for further investment by Government to encourage riders to wear appropriate clothing, and to work with the industry to improve the quality of products available”.

Stuart Chapman, General Manager of Swann Insurance, said the motorcycle insurer was pleased to have supported this study. “We think it's vitally important that riders have access to information such as the findings of this study so they can make informed decisions about what they should wear every time they ride,” he said.

“Funding this study forms part of Swann's broader commitment to improving rider safety – it’s what we are all about. We encourage every rider to take these findings on board."


source: The George Institute for Global Health

The Cole Legal Group at 2011 R.O.T. Rally & FREE iPad 2 Giveaway!

2011 R.O.T. Biker Rally Starts This Week!

Join the Biker Lawyers at the 2011 ROT Rally

This time of year we here at The Cole Legal Group get excited because we know its time for the Republic of Texas Biker Rally in Austin, Texas.

June 9 -12, thousands of our fellow biker brothers and sisters head to Austin early to settle in, as well as attend some ROT Pre-Parties.  From concerts, celebrity appearances, attractions like the Tattoo Expo and the Vintage Bike Showcase, to the barbecue joints and official parade, the ROT Rally has something for every level of motorcycle rider and enthusiast.

Spin our prize wheel for free bottle-opener keychains, backpacks and sunglasses and more!!!!!

This year we will be in the Exhibit Hall Venders area from Thursday thru Sunday (June 9-12).  We will be giving away free sunglasses, bottle-opener keychains, and backpacks.  Of course, don't forget to get the new Texas Rider newspaper.  Take a break from the summer heat, come inside in the air conditioned Exhibit Hall and spin our Prize Wheel!  Take a look at the visitor map below to find out where we are (click to view full-size PDF).

click to view full-size

iPad 2 Giveaway Details

BikerLawyer.com Facebook Giveaway

We're giving away a FREE 16gb Wi-fi iPad 2 (a $500 value) in honor of this 2011 ROT Rally.  Can you believe it?  No obligations, just FREE!!   If you're at ROT in Austin during the rally weekend (Thur. June 9 to Sun. June 12) come by our booth in the air-conditioned Exhibit Hall Vendors area and sign-up on our email list.  Once signed up, we will send you a link to our Facebook page and all you have to do is Like Us to be entered for the FREE iPad!  Pretty cool huh?

go to bikerlawyer.com, scroll to the bottom and click Like!

If you don't make it to ROT, click the link below to Like Us on Facebook and you're entered.  To be eligible for the drawing you must "Like Us" our Facebook page between June 8 and June 19 to be entered. We will randomly select one of our Facebook users on Monday, June 20.
Stop by and visit us at the ROT rally.

As always, we make it our business to protect injured Texas Bikers!

TxDOT: Motorcyclists dying in record numbers

McALLEN, Texas — Former McAllen firefighter Ronaldo "Ronnie" Gomez considers himself one of the lucky ones.

In May 2008, a suspected drunk driver clipped him as he turned his motorcycle at the intersection of North 10th Street and Trenton Road.

He sustained a punctured lung, broken ribs, a broken eye socket, a broken nose and hip injuries. And the lower portion of his left leg would be amputated.

But he survived.

"I was in bad shape," Gomez recalled. "The doctor said that if it wasn't for the physical condition that I was in — a condition you have to keep up when you're a firefighter — I might have not come out of it."

The 28-year veteran firefighter would have to learn how to walk again with a prosthesis; his injuries would force him to retire.

"It's usually the guy that you don't see that gets you," he said, reflecting on the wreck during a recent interview.

Experts agree.

The two places where serious motorcycle collisions commonly occur are at intersections and when changing lanes, Texas Department of Transportation officials said.

The agency launched a "Share the Road" campaign in April in part to highlight a dire trend: Motorcyclists are dying in record numbers, and if aggressive steps to promote safety on the road are not taken, the statewide death toll could double within four years, according to a TxDOT news release.

Motorcyclists and their passengers accounted for 14 percent of the state's traffic deaths with 434 fatalities in 2009, the year for which the most recent statistics were available, according to TxDOT. More than 5,800 others were also seriously injured that year.

The 60-year-old Gomez, who began riding motorcycles when he was 15, noted two key survival factors: Experience and training, he said, will help motorcyclists learn how to better maneuver their bikes during heavy traffic, hazardous weather and emergency situations.

But there has been a dramatic increase in the number of new motorcyclists on the roadways, which might mean more inexperienced drivers. The number of motorcycles in Texas alone has more than doubled to 422,815 in the last decade and is expected to double again in the next four years, according to TxDOT.

Rising gasoline prices may be one of the driving forces behind the spike.
"We know that 66 percent of motorcycle crashes result in death or serious injury for the motorcyclist," said Carol Rawson, TxDOT's Traffic Operations director. "As more and more people turn to motorcycles for affordable transportation and recreation, it's more important than ever to remind drivers to look twice for motorcycles."

At least three people from the Rio Grande Valley have died in collisions since the beginning of the year, including Edcouch-Elsa School Board President Benigno "Benny" Layton, who was involved in a single-vehicle accident near San Antonio.

Layton was wearing a helmet at the time of the wreck, but even with the protective gear, drivers are still vulnerable because motorcycles don't have seatbelts, which increases the risk of ejection.

Under Texas law, all riders under the age of 21 are required to wear a helmet when operating a motorcycle. But riders 21 and older may choose to ride without one if they have completed a safety course or are covered by an applicable insurance plan.

The Department of Public Safety location in McAllen does not offer any training courses, but there are at least two other locations where riders can look for guidance — Edinburg's Coastal Cycle Academy, which meets at the University of Texas-Pan American's parking lot, and Harlingen's Texas State Technical College, 1902 North Loop 499. The courses are designed to help both new students and more experienced drivers, as well.

Despite his wreck, Gomez continues to ride — on a slightly modified three-wheeled motorcycle with his firefighter riding club, the Dragon Slayers.

But he offers a word of caution.

"I have friends that said to me, `I have a bike and I saw your accident and I don't trust myself with it,'" Gomez said. "If you have any negative thoughts about riding, don't get on it because you have to have a clear mind when you ride.

"You have to be in the right mindset."

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Source: http://www.chron.com/disp/story.mpl/ap/tx/7585759.html
By Naxiely Lopez, The Monitor

Basics of Motorcycle Insurance

Motorcycle insurance coverage is basically the same as for automobile coverage - but there are some minor differences.

• Liability. Most states require motorcyclists to carry a minimum amount of liability in case of third party injuries, however insurance experts recommend purchasing as much as three times the minimum in these times of expensive litigation. The liability package also offers Guest Passenger Liability, coverage that offers injury protection to anyone who might climb on the back of your bike.
• Collision. This coverage reimburses for damage to your motorcycle in case of an accident - minus the deductible. Coverage extends only to the factory parts of your bike. If you get fancy and add anything extra— like nifty chrome accessories - additional coverage will be required for compensation.
• Comprehensive. This reimburses you, less the deductible, for circumstances other than accident, like vandalism, fire or theft.
• Uninsured Motorist. If the knucklehead who hit your bike is uninsured, this coverage pays the medical bills and any lost wages you incur while out of action.
• Underinsured Motorist. This coverage reimburses you if the knucklehead who hit you doesn't have enough insurance to cover all your damages.