Biker and Motorcycle Lawyer Blog / Blawg

Here are some of the new laws which went effect on January 1, 2009:

No-text Law
Writing, sending, or reading a "text-based communication" while driving will be against the law for all drivers in California. Violating this law is punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. With the addition of penalty assessments, fines can be more than triple the base fine amount.

Mounting GPS on Windshield
You may now mount a GPS on the lower right or lower left part of your windshield so long as it does not interfere with any air bag device. In the past nothing could be mounted to your windshield.

Smoking with a minor in the Car
It is now an infraction to smoke a cigarette, cigar, or pipe in a car whether it is in motion or at rest if a minor child is in the car with you. This applies even if you are pulled over to the side of the road.

Definition of a motorcycle
Deleting the existing weight limitation of 1,500 pounds, removes a separate definition for electrically powered vehicles and will allow fully enclosed 3-wheeled motor vehicles to use the carpool lanes.

New DUI Laws -- Zero tolerance
Any person who is on probation for a DUI convection cannot drive with a blood alcohol level of.01 percent.

Unlicensed car dealersLaw-enforcement officers can impound vehicles that are being sold by unlicensed dealers.

Temporary operating permits restricted
The DMV will restrict permits to allow more time to obtain a smog certificate.

Counterfeit Clean Air Stickers
It will be a crime to forge Clean Air Stickers, which are issued to low-emission vehicles and allow the vehicles with these stickers to be driven in carpool lanes.

Special interest license plates
Gold Star Family special interest license plates will be available to family members who have had family killed in the line of duty while serving in the Armed Forces during wartime or military operations.

Temporary employees
Wages for employees of temporary services employers shall be paid weekly or daily if the work less than 90 days.

Family and Medical Leave Act
Families who have members who are active in the military are eligible up to 12 weeks of leave if they meet the "qualifying exigencies: short notice deployment, attendance at official military events or activities, arranging or providing childcare, attending school or daycare meetings, handling financial and legal matters, and rest and recuperation visits when the soldier is on leave."

I must caution you that this is only a partial list of new laws in California for 2009.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, © 2009

The headline to this article says it all; it has been one year to the day since I quit smoking. You can read an article that I wrote when I started to quit smoking by clicking here.

I started smoking when I was 17 years old. I stopped smoking last year on December 4, 2008. I smoked 27 years non stop until last year.

Has it been easy; hell no! Do I still have cravings and the urge to smoke; hell yes! Has it become easier not to smoke; hell yes! What is the single most thing that has helped me not to smoke; sugarless gum, I chew it everyday, it has become my addiction! What is the single most important thing I have done to get through the first year of non smoking; not picking up a cigarette no matter what!

Believe me, I am no quitting smoking guru or genius. I have many brothers that I ride motorcycles with who smoke, hell my mom smokes. Many of my brothers smoke Cigars. When they light their cigarettes or Cigars, it really bothers the hell out of me. I still get cravings to smoke and will probably have them the rest of my life. I am not going to pick up a Cigar because I absolutely know that it will lead me to smoking again.

The cravings have substantially died down over the last year. I now know that if I just don’t pick up a cigarette that the cravings will go away eventually. If you are quitting smoking, make sure you have plenty of sugarless gum available, and just don’t smoke, the cravings will pass.

One of the great benefits to not smoking, I can sit in Court now doing motorcycle accident cases as an attorney, and not have to run outside for a cigarette every time we have a recess. Another huge benefit is not having sore throats all of the time!

A couple of the big things I miss about smoking; the after sex cigarette, and taking a smoke break while riding my motorcycle.

It sure is nice to not smell like an ashtray. It sure is nice to have a new car that does not have cigarette smell, ashes, or burns in it either.

I will tell you one thing, if I can quit smoking after 27 years, anyone can!

By California Motorcycle Accident and Biker Lawyer, Norman Gregory Fernandez, © 2008

I was watching NFL football today when I realized it has been 14 years since the last NFL football game was played in the Los Angeles area. That is a decade plus 4 years. My childhood favorite team, the Los Angeles Rams betrayed me when they moved to St. Louis. Furthermore, the Los Angeles Raiders did the same thing.

I am fed up with the NFL and have had enough. Who the hell do they think they are leaving the largest most populace geographic market in the nation without a professional football team for 14 years?

Los Angeles County is by far the most populace county in the entire Untied States with over 10 million residents. This figure does not include the high populace surrounding counties of Orange, Ventura, San Bernardino, Ventura, etc.

We must be fools, watching teams that are based elsewhere for 14 years to support an organization like the NFL who has basically said “screw you” to us! Hell the San Francisco Bay Area has two teams, the 49ers and the Raiders just across the bay from each other. We are a by far larger market than the Bay Area. San Diego has its own team in a much smaller market. New York has two teams, what gives?

As a Biker and Motorcycle Accident Attorney in the State of California, I am now calling for all residents of Los Angeles County, Orange County, Ventura County, San Bernardino County, Riverside County and surrounding areas to completely and totally boycott the NFL, (National Football League) until they respect us enough to give us our own team. Enough is enough.

They have left us out to dry for too long with no good excuse. I venture to guess that if we all stop watching games wherein we have no interest in a local team or how a local team is doing, advertising revenues will go down for the networks that broadcast games, thus hurting the NFL in the pocketbook. If we all stop purchasing NFL memorabilia and merchandise it will directly hurt the NFL more than they could possibly know.

Therefore stop watching NFL football games, stop buying their merchandise, and write letters and emails to the NFL letting them know how we feel. Here is a link to the NFL corporate contact site where you can directly submit your comments to the NFL.

Maybe if we boycott these sons of bitches, they will give us our own football team. Hell NFL Commissioner and Owners give me a franchise and I will make it the most successful in the country.

You have left us Southern Californians without a team for too long. Let’s show the NFL how much we can make them hurt if they do not give us a team!

I am further asking all non Southern Californians to support us in getting our own football franchise out here. The more teams the better right!

By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

The title of this article speaks for itself. It has been one heck of a crazy month for me. I have been super busy handling motorcycle accident cases, car accident cases, truck accident cases, slip and fall cases, family law matters, etc. I am getting ready for trial and doing my thing! Welcome to all of my new clients, I am never to busy for you.

Sometimes you find yourself so busy that it is very hard to come up for air, but it is nice when you do. I am sure many of you can relate to that statement.

In the past couple of months we have seen the beginnings of the economic meltdown that I predicted when I wrote multiple articles about how the high price of gas was a national emergency, and that it would destroy our economy. Now we can see that the high oil prices were not a matter of supply and demand after all, but pure speculation by commodities traders. How else can you explain that oil prices have gone way down with the markets!

On a side note concerning the mortgage crises, I always wondered how a family with an average income could afford a million dollar house. I knew that everyone could not be getting rich around me, yet houses that were basically worth $200,000 in West Hills, California were selling for $700,000-$1,000,000. Now we all know why. It was a big pyramid scheme; nothing more, nothing less.

The mortgage companies and investors were artificially driving the prices of houses much higher than they were worth, by handing mortgages to everyone and their mother without any regard to whether they could pay the mortgage off. The result being that housing prices continued to artificially be higher than they were worth. The investors figured that if someone was foreclosed on, it would be no big deal because there would be some other sucker to come along and buy a house for 300% more than what it was worth! Well the bubble is bursting. I predict we have just seen the beginning. It could be a decade before the housing market recovers.

We all learned that the problem with the housing pyramid scheme was that in the end, there were not enough new suckers coming in at the bottom, to prop up the big wigs at the top who caused this crisis to begin with. What does our nation then do, we then give a bailout to the guys at the top who caused the crises, and let the poor suckers who were the actual victims in the pyramid scheme fall like the leaves of autumn.

We have been the observers of American history as we witnessed the United States of America elect our nation’s first African American President some 360 years after African’s were first brought to this new world as slaves. No matter who you voted for in the election of 2008, you must admit that it was sure something to see. It is truly amazing that in a nation where African Americans could not vote, sit at the front of a bus, or even own property in certain parts of this nation as little as 40 years ago, can now elect an African American to be President of the United States. Yes, we have seen American history. No matter what your political persuasion, maybe the dream that our Founding Fathers strived for can now be had by all Americans.

We as American’s will be tested hard in the coming months and years, both with the economic crises and the depression that we are in. Yes, it is beyond a recession, it is a depression. I am sure we will get through these hard times eventually like we have always done. We Americans will always prevail, it is in our nature to do so.

Tens of thousands of Americans have lost their jobs in the last couple of months. Over a million have lost their jobs on the last year.

We shall overcome. In these times of crisis, we will all need to help each other out to get through it. No man is an island alone.

God Bless America.

By California Biker Lawyer Norman Gregory Fernandez, © 2008

Well I am sitting here on a Saturday night watching the hills near where I live burn again. As I write this article I am listening to “Simple Man” by Lynyrd Skynyrd. You can hear it by clicking here.

The hills burned around my home burned about a month ago. It seems like they burn now everytime the Santa Ana winds blow. I have to ask myself what’s going on. A Motown artist named Marvin Gaye wrote a song called "What’s going on". When it comes to the fires here in Southern California, it is an appropriate song. “You can hear it by clicking here.

I am a Southern California native. I was born in Hollywood, California, and have lived here most of my life except for the time I left for the Air Force, and a couple of times I lived in the San Francisco Bay Area. I have never seen it this bad here before.

Yes we have had fires here from time to time, but it now looks very suspicious to me. The nature and the number of fires we are having everytime the Santa Ana winds blow seems like more than a coincidence to me. It seems like they are either being intentionally set, or we are just having the worst possible luck in my 45 year history living here. (I am 45 years old.) The former is probably more probable. I think the fires are being intentionally set.

Now as a Biker and Motorcycle Accident Attorney here in California, some would say that I am smart. I guess you could say that when it comes to practicing law. However, it does not take a rocket scientist to deduce that something is wrong with fires breaking out now everytime the winds blow!

I talked to my old lady and friends about the situation. I even contemplated not writing this article because I did not want to give whakos or terrorist any ideas. However, it must be said, some whako or whakos are probably setting these fires. I don’t think they would start on there own without human help.

I personally think that some sick individual who knows something about fires is running around setting the fires. My fiancé mentioned that it could be Arab terrorist or even building contractors setting the fires. I have to give it to my fiancé, she makes sense.

Could Arab terrorist be setting the fires? Could a building contractor be setting the fires? Who has the most to gain by setting the fires? How do we catch whoever is responsible for setting fires, if in fact they are being intentionally set? I say use our spy satellites to take images of the area during Santa Ana conditions. Maybe we will get lucky and catch the son(s) of a bitch who are starting the fires?

I know one thing is certain; we need to massively increase the criminal penalties for intentional arson. Enough is enough. As I speak tens of thousands of people are evacuated from their homes, and thousands have probably lost every possession that they own. God only knows if there are dead as a result of the recent fires.

I send my sincere condolences and prayers to all of the victims of the fires here in Southern California.

By California Biker and Motorcycle Accident Lawyer, Norman G. Fernandez, © 2008

You may or may not have read about a certain motorcycle club having some legal problems lately. The government is trying to shut them down by seizing their patch and enjoining (preventing them through a restraining order) them from wearing it. This article is not about that club, but the legal issues in general.

Before I begin discussing this article I must state that I am not talking about any one motorcycle club or organization in this article, I am just writing in hypothetical’s. For purposes of this article I will make up a motorcycle club called “The Elmer’s MC”

Let’s say hypothetically that the Federal Government alleges that The Elmer’s MC is a criminal organization, and moves to seize club property under civil forfeiture statutes, because the property was used in the commission of a crime, or were gained from the fruits of criminal activity?

Can they do this? Yes they can. Is it an ominous trend? Yes it is. Has the government been seizing all sorts of private property under civil forfeiture statutes? Yes, for a long time. Do you ever really own property in the United States of America? Apparently not any more. The government can by a preponderance of evidence, basically take anything they want from you. We really in effect own nothing in the United States of America anymore, this is what is has come to.

Is a Federal Trademark or Copyright property that can constitutionally be seized by the Federal Government under civil forfeiture statues; that is the question!

My reading of the various statutes and case law involved leads me to believe that the government can in fact seize Federal Trademarks and Copyrights under the civil forfeiture statutes, because the Trademark and Copyright is in fact a tangible thing (property for the time you own it.) that can be assigned, and/or licensed for consideration. (Money, etc.)

Furthermore, as a valuable legal right that is analogous to property, it can arguably be seized just like any other piece of property.

Now let’s say that the government now wants to get an injunction which prohibits The Elmer’s MC from wearing its trademarked or copyrighted patch, because is has been seized by the government and is now government property. They probably could get an injunction under civil seizure and intellectual property law, but does this action violate our First Amendment Right to Free Speech. I would say that it does, and the right to free speech is a much more important right in this particular circumstance.

Let me explain. Let’s say arguendo that The Elmer’s MC is the most horrible and criminal organization in the world. Do we want to allow the government to be able to yank clothes off anybody that is wearing Elmer’s MC apparel just because they are trying to shut them down?

What if the government decides that Walmart is a criminal organization? Are they going to be able to take Walmart shirts off of anyone that is wearing one? This idea is ludicrous and ominous. If we allow this to stand, the government will not only be able to take your property with a very minimal burden of proof, (preponderance of the evidence) but they will also be able to tell you what you CANNOT wear if they want.

Look, I am a law abiding guy, but I am also a United States Constitution type of guy. I hate the Nazi Swastika with a passion, yet under our constitution, the government cannot ban someone from wearing one even though it is despicable.

The Elmer’s MC should be able to wear anything they want to wear so long as what they are wearing is not defamatory, it is not meant to incite an immediate riot or criminal activity, and it does not violate someone’s civil rights, even if they are worst arch criminals of the world.

Why, because once you let the government take away a right they will take away 10. Soon regular Joes walking the street will be subject to this same horrible precedent.

Have we become that Police State that we all feared when we saw the movie 1984, are we are allowing are freedoms to be sucked from us? Yes.

It is my position that the government in this case has gone too far. No matter what The Elmer’s MC did, the government should not have the right to tell The Elmer’s MC members, or any member of the public what they can or cannot wear. The government’s action should be held to violate the United States Constitution’s 1st Amendment Right to Free Speech.

Yes, it can logically be argued that the government has the right to ban The Elmer’s MC from wearing a seized trademarked or copyrighted patch under present law and precedent, but the argument that government should NOT have the right to tell us what we can and cannot wear does not really take much argument at all in a free society. In other words, the Right to Free Speech should take precedence over the civil forfeiture statutes, and trademark law in this particular circumstance. If we open up Pandora’s Box, where will it end?

This precedent would allow the government to seize any trademark or copyright with a minimal burden of proof and without having to even try a person or organization for a crime, or prove that they are guilty of a crime. Is this the Untied States that our founding fathers envisioned? I think not!

Therefore I say to the government look; if the Elmer’s MC or its members have committed crimes, then they should be held accountable in a Court of law in front of a jury of their peers. If they are convicted then punish them. However, this business of convicting an organization or its members in the media without a jury trial, and then preventing them wearing an item of clothes by going to a Judge for an injunction under civil forfeiture statutes, is flat out un American and wrong.

Many of you may be saying look; the Elmer’s are a bad bunch and need to be punished. Trouble is what if you are someday falsely accused of something. I am not saying the Elmer’s were falsely accused, I don’t know. However, let’s say it is you. The government than seizes your money so you cannot hire a lawyer to defend yourself, they then tell you that you cannot wear Levis because all members of your organization wear Levis, and then you plea bargain out because the public defender does not have the resources to defend you. How is this justice? Civil forfeiture statutes are just plain wrong even though they have somehow been upheld. The forfeiture should occur in a criminal setting with the same burden of proof as a criminal action.

The argument by the prosecutor against the fictitious Elmer’s MC is ingenious. However, its effect would be downright un American.

Moral to the story……….. If you are a Motorcycle Club like the Elmer’s, do not Trademark or Copyright your name and patch!

The biggest evils against man have or were justified under the premise of doing good. In the case of the Elmer’s, they are probably no angels, but the rights you take away from them; you take away from all of us.

The rights given to us through the United States Constitution are meant to protect the few from the many, when the many want to violate our rights!

No Mr. Government, we don’t want you to have the power to tell us what we can and cannot wear!

By California Biker and Motorcycle Lawyer Norman Gregory Fernandez, Esq., © 2008

Oakland has spent $15,000 on mufflers to make their police department's Harleys safer -- and noisier than federal standards. Chronicle photo by Kat Wade

Over in Oakland they like it loud - so loud that all 45 of the Police Department's Harley-Davidson motorcycles have been equipped with shiny new tailpipes, at a cost of $500 apiece, to rev up their roar.

It seems the cops just didn't feel safe on toned-down bikes.

"There's an old motorcycle adage that you are heard before you are seen," said Deputy Chief Dave Kozicki, explaining the department's decision to toss the bikes' muted factory-issued mufflers in favor of the more high-volume pipes.

Kozicki cited an accident three months ago in which an Oakland officer riding a toned-down cycle was struck by a motorist who said he hadn't heard the officer approaching.
But some City Hall insiders, as well as motorcycle cops elsewhere, said the safety argument is a stretch.

Even the folks at the national Motorcycle Industry Council, which represents all the big bike manufacturers, were unaware of any safety benefits from louder mufflers.

"We encourage all motorcycle riders to keep the original low sound levels that meet the ... federal sound limit of 80 decibels," said industry spokesman Mike Mount. "It would seem counterintuitive that a law enforcement agency would go against federal standards."
Ironically, it was just a short time back that Oakland police were called upon to crack down on noisy motorists who had modified their auto mufflers to make a whistling screech. The "whistle tip" pipes were eventually outlawed under state law.

Oakland's cops had a long tradition of riding their Harley-Davidsons with the modified, louder tail pipes, earning them the nickname "Rolling Thunder." But after an officer complained about a loss of hearing and others around town questioned whether the police force was violating the very noise standards it was supposed to enforce, the department brass ordered a switch to the quieter stock mufflers.

According to Kozicki, the decibel drop sparked a chorus of complaints from other officers, who said they felt less safe.

So last year the department launched a $1,200 study in conjunction with the city's risk management division to determine whether A) the louder motorcycles contributed to officers' safety, B) were detrimental to their hearing, and C) complied with noise standards.

Kozicki acknowledged that whatever safety-related findings the study produced were largely anecdotal. Still, after everything was taken into consideration, the department concluded "it was in the best interest of the officers to put more-audible pipes back on," Kozicki said.

Hence, all 30 of the department's Harleys were sent down to the central maintenance yard for a muffler makeover, at a cost of about $15,000, according to City Hall insiders. Another 15 newly purchased motorcycles were ordered with the louder pipes, though at no extra charge.

Oakland officials acknowledge that the noisy pipes, when tested, averaged 93 decibels - well above the federal legal noise limit, according to the Motorcycle Industry Council.
But city Finance Director Bill Nolan, who oversees the risk management division, isn't alarmed.

"If they were riding eight straight hours, it would be a problem," he said. "But they aren't."

Oakland California Motorcycle Accident Lawyer

The San Bernardino Sun Reported that a Southern California Motorcycle Rider, Anthony “Taz” Williams was killed while riding his motorcycle to work in San Bernardino, when a 74 year old man named Gregory Martinez turned left in front of him. The 74 year old man claimed the sun was in his eyes as the excuse for his failure to ensure that there was no oncoming traffic before he made his turn. Mr. Martinez was allowed to leave the scene of the accident pending an investigation. The article stated that the San Bernardino Police stated that Mr. Williams could have avoided the accident had he used “perfect braking.” The article is no longer available online from what I can tell.

First off I want to send my prayers and condolences to the family of Anthony “Taz” Williams. This is a horrible tragedy. No biker or motorcyclist deserves to be hit and killed simply because they are just riding their motorcycle to work.

With respect to a legal analysis of the motorcycle accident, it looks like the same old song and dance. A negligent cager violates the California Vehicle Code, kills a biker, and walks away scot free. At the minimum, Gregory Martinez should have been cited for an illegal and/or unsafe left turn, at the optimum, Gregory Martinez should have been arrested for vehicular manslaughter.

The reality of this motorcycle crash and countless others is that Anthony “Taz” Williams did not have to die. Had Gregory Martinez simply paid more attention as he was driving, Mr. Williams would still be alive. A simple one or two second pause sometimes means the difference between life and death.

Although it is an outrage that the Police apparently are not going to go after Gregory Martinez criminally for killing a biker, there is something the family can do civilly to get justice. They can retain a biker and motorcycle accident lawyer to sue for wrongful death. Nothing can bring Anthony “Taz” Williams back, but the law does allow the family to be compensated for their loss. The dream of “perfect braking” is an outrage!

It is time for California Legislatures to enact laws that will protect California Bikers and Motorcyclist from cagers like Gregory Martinez. Yes, I know that all human beings make mistakes, and are not perfect. That does not mean that motorist who kill bikers by their mistakes should not be held accountable!

By San Bernardino Motorcycle Accident Lawyer Norman Gregory Fernandez, © 2008

Aaron Fuller, lead singer of punk band Plan 9, died after he was in a motorcycle accident in Oakland, California early Tuesday morning.

According to California Highway Patrol, Fuller, 35, was travelling home in Oakland when he lost control of his motorcycle on a curve, went off the road and hit a concrete barrier. Upon impact, he was thrown from his bike and flew into a concrete pillar, which killed him. Police are unsure of the cause of the accident and are still investigating it.

"All of us are in shock," Plan 9 drummer Mad Mike Ghoul wrote in an Oct. 1 MySpace blog entry.

"I keep calling people to make sure it's for real and I'm not making some fucked-up mistake. If only...

"I know he was real happy with the new CD and was looking forward to gigs with us.

"It was an honor to know him and work with him for 6 years. He had an awesome voice and great sense of humor. One thing was for sure: things were never boring when Aaron was around. He was always down for a good time, he had an amazing intellect and told the most fascinating and hilarious stories.

"Who knows what he would've done if he'd had the time. He was the type of person who could do whatever he set his mind to. Plan 9 was proof of that. He'd never been in a band before, or wanted to, for that matter. But he came in from day one and kicked it's ass."

Although this loss puts the band's future up in the air, bassist Scary Barrie says in the blog post that he thinks Plan 9 will continue despite their loss, because "Aaron would have wanted it that way."

Not to be confused with the German surf rock band or the '70s psychedelic rock band, both of the same name, Plan 9 formed in 1997 as a Misfits tribute band. They were originally supposed to play one show, which sold out in less than an hour and was attended by members of Metallica and Faith No More.

Plan 9's 8 Hits From Hell debut came out in 2004 and was followed by this year's Manmade Monster.

I would like to send my prayers and condloences to the family of Aaron Fuller, may he rest in peace.

Oakland California Motorcycle Accident Attorney

While driving home on the Ronald Reagan Freeway Friday night to pick up my gal, I observed many helicopters hovering over the area where I live. I decided to turn on KFWB News Radio to find out what was going on. I heard on the news that there had been a horrendous train accident within 1 mile of my home. Apparently a Metrolink commuter train collided head-on with a commercial freight train. It was further announced that the commuter Metrolink train had approximately 225 persons on board.

I grew up in Chatsworth California. I have left the area only a few times throughout my life when I went in the Air Force, lived in San Francisco, and in Hollywood California, but I have always come back home to Chatsworth California.

I not only live in Chatsworth California, but I work as an attorney in Chatsworth California as well. Chatsworth California is my home base for practicing law, and living.

Suffices to say on Friday night the authorities had Desoto Avenue closed, as well as Topanga Canyon Blvd.

As I was traveling west on the Ronald Reagan Freeway, heading towards home, I heard chilling eyewitness accounts of the carnage that took place during and after the train wreck, by way KFWB News Radio.

I was unable to get off of the freeway at my normal exit, and had to double back in Simi Valley, and exit at Tampa Avenue, to try to get home. I eventually had to call the Los Angeles police department Devonshire division to find out how I could get home in my car. There were literally hundreds of firefighters and police officers all over my neighborhood. I felt extreme grief for the victims of the train accident; however I also needed to get home as well. I was finally able to get home at approximately 10:00 PM Friday night.

Once at home, I watched live local news accounts of the carnage that ensued in the Metrolink train accident. It made me sick to hear of all the people that died in the train accident, and all the people that were injured in the train accident. You must understand, as a child growing up in Chatsworth California, my friends and I used to play on the train tracks precisely where the Metrolink train accident happened. Furthermore, we used to walk through the tunnel close to where the accident occurred all the time. It is all part of the famous Chatsworth Park area where I live.

As a lifelong resident of Chatsworth California, I would like to send my prayers and condolences to the family members of all the victims of the Chatsworth Metrolink train crash, as well as to all of those were injured in the train accident.

On a more disturbing note, I have read numerous stories about the Chatsworth Metrolink train accident, on what I will call "bottom dweller" personal injury attorney blogs. Some of these stories were literally posted on the evening of the train accident. On the bottom of these blog entries, these bottom dwellers have the nerve to sign their story with "Chatsworth train accident attorney." Not one of these attorneys lives or works in Chatsworth California. One of them is from downtown Los Angeles. It appears that the only reason they wrote their story, or plagiarized it from a reputable news source, is to try to get some of the victims of the Chatsworth train accident to sign up with their law firm. Maybe they were hoping that their name would come up in some kind of Internet search, I don't know. I feel that this kind of behavior is unethical, immoral, and despicable. Heck, if given the chance, some of these attorneys would have probably been illegally passing out business cards at the scene of the train accident.

If you are a family member of one of the persons who died in the train accident, or were injured in the Chatsworth Metrolink train accident, do not under any circumstances retain one of the bottom dweller attorneys that call themselves Chatsworth train accident attorneys, or would write a story, or “have their marketing company” write a story on the evening of the accident. It is disgraceful.

Because this accident occurred so close to where I live, and in an area where I played as a kid growing up, and where I personally practice law, my law firm will hereby make the following offer to any family member of one of the deceased victims of the Chatsworth Metrolink train accident, or persons injured in the Chatsworth Metrolink train accident: the law offices of Norman Gregory Fernandez and Associates will reduce our contingency fee rate to 25% for all claims that are settled in pre-litigation. This offer only applies to family members and victims of the Chatsworth Metrolink train accident.

You may call my law firm at 800-816-1529 extension #1 for a free consultation, or go to my personal injury website at thepersonalinjury.comto read more about my firm.

If you or your family were a victim of the Chatsworth Metrolink train accident, and retain our firm at the reduced rate of 25% contingency fee for all claims that are settled in pre-litigation, we will immediately send our investigator out to you to sign you up to make things more convenient for you.

I must stress one thing that is very important; you have only six months from the date of the accident, September 12, 2008, to file a claim against Metrolink. I have handled many cases against the Los Angeles County Metropolitan transit Authority. Trust me, you must act fast. If your claim is not filed within six months, you most probably will lose your right to recover compensatory damages in this case.

God be with you.

By Norman Gregory Fernandez, Esq., a real Chatsworth California train accident attorney, © 2008

I have handled many motorcycle accidents that were caused solely by dangerous conditions on public roads and highways. Many bikers and motorcyclists don't realize it, but when a dangerous condition on a public road causes a motorcycle accident, in many circumstances a public entity might be responsible not only for the accident, but for your damages that result therefrom.

These types of accidents are not your garden-variety rear renderer, left-hand turn, or vehicle on vehicle accidents. A motorcycle accident due to a dangerous condition on a public road is a much more complicated type of case.

I have handled cases that run the gambit of dangerous conditions on public roads such as; potholes on the road that made the road look like a moonscape; large sinkholes on public streets; stop sign hidden by brush; rock like outcroppings on what should be a smooth street; construction crews failing to warn motorists that they were doing construction ahead, etc.

The reason these types of cases are complicated is because they don't have a simple defendant or two, and their insurance company to deal with. In these types of motorcycle accident cases, 99% of the time you'll be going after a public entity such as a city, county, or even a state. If the accident occurred on federal property such as a military base, you might be going after the federal government. In this article I will only be dealing with a state claims, or public entities within states.

One thing is for certain, if you are the victim of this type of accident, whereby the accident was due to a dangerous condition on public roads, or highways, you'll need to retain a competent attorney that knows how to deal with such claims.

You are not going to want to hire a personal injury firm that is a settlement mill, or a firm that advertises that they handle motorcycle accidents, but have no attorneys that actually ride motorcycles. You are going to want to hire experienced motorcycle accident attorneys that not only ride motorcycles and are familiar with dangerous conditions on public roads, but are also experienced in doing with such claims against governmental entities, as well as lawsuits against governmental entities.

My law firm has handled many such claims against governmental entities all over the state of California. The bottom line is that not only motorcyclists, but all motorists whether they were riding in cars or trucks, deserved to have a road, highway, or freeway that is free from dangerous conditions.

These are not the type of cases that a person who is injured wants to wait to retain an attorney on. You see you only have six months under the California Government code to file a claim against the governmental entity for your personal injuries, and property damage. If you fail to file a claim within six months, you may be apply to the governmental entity for leave to file a claim, however applications for leave to file a claim are almost always denied. In other words, if you don't file the claim against the governmental entity within six months, your shit out of luck and will have lost your ability to file a lawsuit for your injuries.

In my experience, 99.99% of all claims against governmental entities are either rejected or denied. If the governmental entity formally rejects a claim for personal injuries in writing, you'll then have only six months to file a lawsuit against that government entity. Basically, all such claims eventually result in us having to sue the governmental entity.

If you have suffered a personal injury whether it be due to a car accident, motorcycle accident, truck accident, or other motor vehicle accident, due to a dangerous condition in a public road, highway, or freeway in the state of California do not mess around. Call my office at 800-816-1529, extension 1. We will tell you over the phone if you have a good case.

By California motorcycle accident lawyer Norman Gregory Fernandez, © 2008

A couple weeks ago my old lady, and a friend and I rode our motorcycles to Solvang California. I thought I would write an article about the ride to Solvang.

As usual, I found myself on a Friday night contemplating where I could ride over the weekend.

One of my favorite rides has always been to Solvang California. Solvang California is a Danish town just off of the Pacific Coast Hi