If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1, to discuss your case.
I can get you medical treatment even if you do not have medical insurance,
I will send my investigators to you so you do not have to come into the office.
I will work to get your motorcycle fixed.
I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.
I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.
Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.
Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.
Enjoy my articles below, there are hundreds of them!
It seems that a bunch of conservative nut jobs are writing in to Biker and Motorcycle Magazines complaining about beautiful sexy women strutting their stuff next to motorcycles in the various biker and motorcycle related magazines that are on news stands.
Where the heck are these asshats coming from?
I have been in the biker community no less than 34 years. Part of the whole Biker and Motorcycle scene is for good looking people of both sexes strutting their stuff, doing their thing, and being free.
Now all of a sudden these social prudes are trying to get the magazines to stop showing pictures of beautiful women in their magazines.
Maybe a strong sexy female is somehow scary to these prudes.
I have always thought of the Biker world as a world of staunch Americanism, freedom, and open roads. It is alien to me to think of social prudes trying to intervene into a vibrant scene in order to censor our freedom.
Any enemy of freedom, is an enemy to our nation, and the Biker and Motorcycle world.
To be frank, this has been going on for some time in America. There are a small very loud group of religious conservatives trying to take us into a kind of nation ruled by religion, where you must abide by this group’s religion and its rules.
They are trying to censor what we watch, what we read, what we see, what we hear, how we act, etc. Maybe these morons should start up a new nation in Antarctica where like the Taliban, they can force everyone to abide by their rules or else…..
No way, Jose. I do not care whether you are a republican or democrat, we in the Biker World consider ourselves to be free on the open road. We enjoy looking at sexy people, we like dressing the way we want to dress, and we don’t need you people coming in to our world to censor it.
For the publishers who read my blog, and who are actually in the Biker and Motorcycle World. There is something called freedom of expression, and freedom of speech in our nation.
If you bow down, or kowtow to those who would take away our freedom to see and read what we want, we Bikers and Motorcycle Riders will stop buying your rags, you know who your market is, and we are getting sick of it.
Those few who are trying to censor what the rest of us like to see and read, will always be there, they will not take away our freedom.
I myself, did not serve in the U.S. Air Force, so that a vocal minority could take away our collective freedom.
Could you imagine going to a motorcycle rally like Sturgis, and seeing everyone covered up like some Afghanistan nightmare? Neither can I!
I am publishing this article a day after our nation’s Independence Day celebration for a reason.
I attended the Laughlin River Run 2013 this year as I do most years. The Laughlin River Run is billed as the largest motorcycle and biker rally on the west coast.
This year’s motorcycle rally was different than most past years rallies because the turnout appeared to be smaller than past years rallies, motorcycle club patches and soft cuts were not allowed anywhere near the strip, and there were a gaggle of what I call fake biker lawyers with booths set up at the event just waiting and hoping for those in attendance to refer their motorcycle accident cases to them.
I had for the most part a great time at the event. This was the second major motorcycle rally I have attended in many years, where I drove my motorhome to the motorcycle rally and trailered my motorcycle behind on a motorcycle trailer.
In the past when I rode to motorcycle rallies like this, I basically just rode my motorcycle to the event.
I will tell you that I have learned a valuable lesson in why it is better to take an RV and trailer the motorcycle to major motorcycle rallies. I no longer have to pay $200 a night for hotel rooms and hotels that just wait to poach money off of bikers, I put more miles on my motorcycle at the event than I ever have in the past, and there is much more fun happening at the RV parks than the hotels! I no longer have to worry about squeezing a weeks’ worth of toiletries and clothes onto my motorcycle; it all goes into my RV now.
This year I arrived at my RV Park in Bullhead City, AZ on May 24th, 2013 and proceeded to set up camp. I put up my Star Spangled Banner, California Republic, and POW/MIA flag above my RV, took the motorcycle off of the trailer, unrolled the awning, and we were ready to rock and roll.
The first thing I saw when I rode my motorcycle to the strip which was just across the river from Laughlin, NV, was an electronic sign stating that no this was a no MC Colors event, soft cuts not allowed, and bait motorcycles were being used to catch thieves.
I do not mind going after motorcycle thieves but I certainly did not like the fact that a major event such as this managed to ban all motorcycle patches from the strip. I think it is a violation of the 1st Amendment right to Freedom of Speech.
Notwithstanding the affront to motorcycle club members, this year’s event was a great time. There were plenty of fine looking ladies all over. Obviously there were guys for all the gals as well. There was the usual full line up of good bands and plenty of booze all over the place.
Those that know me know that I do not drink alcohol or use drugs. I would rather ride than sit around watching a bunch of bikers get shit faced at the bar.
Ride is exactly what I did throughout the entire event. I put on almost 1000 miles during the 6 days I ended up staying in Laughlin/Bullhead City. I found a road that is off the beaten track near Oatman, AZ called the scenic byway. My companion and I literally owned this road on Sunday. You are basically in the middle of the desert with no contact to the outside world for many miles. It was a great and hot ride.
During the ride in the desert I kept thinking I hope nothing happens to my motorcycle because here I would be up shit’s creek without a paddle. I opted to take a more populated route back to the RV on the way home since it was getting dark.
I managed to win over $70 dollars as well on this trip where ordinarily I always lose at the casinos.
On a down note one of my friends was arrested on Friday night /Saturday morning for Disorderly Conduct and another charge. They were transported from Bullhead City to Kingman, AZ to the county jail there. There was a weekend judge on duty. Suffice is to say I got almost no sleep on Friday night / Saturday morning, and I had to go bail them out on Saturday afternoon and give them a ride back to Bullhead City. Saturday night was spend crashed out in my RV recovering from helping my friend out.
Aside from bailing my friend out and losing Saturday night, I had a good time this year at the Laughlin River Run Motorcycle and Biker Rally. I will be going to many rallies this summer including Sturgis, Las Vegas, and Palm Springs.
Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.
I have moved to Huntington Beach, and my new law firm “The Moy & Fernandez Law Group,” is fully operational.
Our phone number and fax number are the same, 800-816-1529, but we have consolidated all our California pre-litigation operations into one location in Irvine, California.
So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, the pre-litigation will be handled by our competent staff in the Irvine office, while our field staff continues to come to you anywhere in the nation.
We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.
My partner Lawrence A. Moy, who has been a friend and brother since 2002 has merged his firm with mine to create a premier California Personal Injury Law firm. Together we have handled thousands of cases, and settled millions of dollars for our clients. We have many years of combined experience.
I feel sorry for the poor bastards who oppose us on cases, I give no quarter. Some lawyers say they will fight for you, we will kick ass for you.
I think we have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.
I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.
I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.
When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.
Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.
I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.
So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.
Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.
I received a cryptic email from “The Retail Equation” telling me that if I wanted a copy of my return activity report to call a phone number. This was in response to an email that I sent them threatening legal action.
I called their number and talked to a rep. She wanted the last 4 digits of my drivers license number.
I asked her how she would have my drivers license information since I have not filled out any credit applications with their firm, nor did I authorize any company to give it to them. She told me that when I gave a merchant my drivers license number that the merchant gave it to them. Very interesting.
I played along. It turns out they have me down for 3 return items in 6 months, including 2 defective items. So they blacklisted me from being able to make returns at stores that use their service.
I requested to speak to a manager and was told that there was no one to talk to.
I am now contemplating a class action lawsuit, or an individual lawsuit. I will write a follow-up article very soon.
If you have been a victim of Home Depot or “The Retain Equation” I would like to hear from you, I need plaintiffs for a class-action lawsuit.
*** June 3, 2012 Update –
I reported Home Depot to the Better Business Bureau.
I also called Home Depot’s Corporate Office and spoke to a lady named Evon who opened ticket # 513849.
She told me that There is absolutely nothing Home Depot can do to resolve the problem. I asked to speak to her manager, she told me that there was nothing he could do either. She stated that “The Retail Equation” was entirely responsible for the situation. Moral to the story, DO NOT SHOP AT HOME DEPOT. IF THEY WILL DO THIS TO AN ATTORNEY WHAT DO YOU THINK THEY WILL DO TO YOU?
I sent an email to “The Retail Equation” requesting to get their side of the story before I take any further action.
Read about what happened to me below.
I am an Attorney at Law. I have been shopping in stores for over 35 years. God only knows how much money I have spent shopping.
I have spent probably tens of thousands of dollars in Home Depot over the years.
I had a little project I wanted to do over the weekend, so on Friday evening I went in to Home Depot and spent a few hundred dollars on parts.
I started my project yesterday and discovered that one of the parts was the wrong part.
I brought the part, placed in its packing, one day after purchase, back to Home Depot along with the receipt. They asked me for my ID which I thought was kind of odd.
To make a long story short, they told me that my return was rejected and they gave me a receipt type printout that has an 866 number on it to call.
Further, the printout says that I will not be able to return any items at Home Depot for the next 90 days, and that after 90 days it will be re-evaluated.
Of course, I called the number and they are only open Monday – Friday, etc.
It appears to be a 3rd party company that Home Depot is using called “The Retail Equation,” that was responsible for Home Depot not allowing me to do a valid return. I found their website at http://www.theretailequation.com/ .
Apparently retailers are now hiring this company to determine whether they will allow returns to be made at the retailer.
I have never heard of such a service or thing.
I suspect they have me on some kind of list. I know they have made a mistake, or there might be identity theft going on.
Whatever it is, can you imagine if I made a several thousand dollar purchase and this happened?
Who wants to shop at a store that may not allow you to return anything for any reason?
I asked to speak to the manager, he refused to do anything. Basically Home Depot ruined my weekend project and I may be out a hundred dollars because they are refusing to allow me to return an unopened, undamaged product which I have the receipt for, the next day.
The blatant refusal of Home Depot to return something a day later with a receipt at least to me is unheard of.
I am warning all of you here and now, not to shop at Home Depot because based upon my experience, you may get stuck not being able to return something that may be defective, or something that may be the wrong size, the wrong type, etc.
You too could get stuck holding the bag for hundreds or even thousands of dollars.
Unless this is made right, I will take my money to Lowes and to other stores. I will never set foot in Home Depot again.
Home Depot and the Retail Equation just pissed off the wrong attorney. I am going to first start off by warning all consumers not to shop and Home Depot because they may not be able to do a return.
I will then take any and all appropriate legal action against anyone involved in this fiasco so that ordinary consumers do not have to go through what I went through.
As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.
If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.
Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.
Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.
The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.
Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.
Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.
I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.
I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.
Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?
Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.
What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.
I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.
I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.
I have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.
Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.
Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.
The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.
Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.
I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.
Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.
I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.
Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.
They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.
One of my sayings is that it is better to get two thirds of something instead of all of nothing.
To me this is plain stupidity, and there is a lot of it out there lately.
It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.
The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.
Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.
Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.
If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com
The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.
Best of all it is FREE for all users worldwide.
Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.
We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.
Here is a description of the California Accident App™ right from iTunes and Google:
Why download the California Accident App™?
The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.
Here are some screen shots, click on each image to see a bigger image:
California Accident App™ features:
- Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
- Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
- Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
- Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
- Emergency Services Locator.
Here are the QR Codes to help you find our California Accident App easier:
Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it.
A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;
A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.
I literally get at least 5 calls a week with this exact same scenario.
In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.
I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.
What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.
The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.
This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.
Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.
Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.
If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.
Motorcycle riders gathered on Saturday afternoon in Orange to hear safety tips from a former police officer.
Retired Orange police Cpl. Mark Camarillo led a seminar, “Smarter Safer Riding and How to Avoid a Traffic Citation,” at Irv Seaver Motorcycles
About 100 people sat and stood inside the dealer’s future service shop at 607 W. Katella Ave. for the seminar.
Camarillo told the crowd to use hard stopping, use common sense, to always use a turn signal, know the speed limit and also to ride defensively.
“I want to go home to my family every single night,” Camarillo said.
He also told the motorcycle riders to hold with the speed limit – plus or minus 5 mph.
“I fight the urge to ride aggressively,” Camarillo said. “It gives you time to react and time to stop. It’s less stressful on yourself. (Speeding) creates stress you probably don’t realize is happening to your body.”
He explained riders – and drivers – should always look left, right and left again at every light.
“It’ll save your life,” Camarillo said. “It gives you a chance to look back. That is a crucial thing to do.”
Since retiring from the Orange Police Department, Camarillo said he rides a BMW motorcycle and that people drive differently now that he’s not on a black-and-white.
“I get tailgated now, and I never got tailgated before. I wonder why?” he joked with the audience.
Many audience members said they didn’t know prior to the presentation that it was legal to turn left across a single double-yellow line, including Jennifer Chung and her son Kyle Tran, 15, of Westminster. The two were curious to listen to tips originating from a former police official. For Chung, riding is a family affair. She often takes her son on the back of her Kawasaki Ninja.
“A presentation such as this is always of interest to BMW drivers,” said Larry Troffer of San Clemente.
“If there’s anybody that can provide me some suggestions, I’m always interested,” said Bill Reitz, president of the BMW Club South Coast Riders. The group boasts 99 members and holds meetings once per month followed by a 65- to 100-mile ride.
Camarillo also said the Ortega Highway is the deadliest route, accompanied by Santiago Canyon Road.
He told the target audience that driving on the line between the lanes – known as lane splitting – is unsafe but legal. He suggested driving only 10 mph faster than the speed of traffic when splitting lanes.
“If traffic is doing 30 miles per hour, should i split it at 40? Why? I’m not getting there faster,” Camarillo said. “Everybody has to decide whether it is worth it or not.”
Owners Evan and Lois Bell of Irv Seaver Motorcycles are bike aficionados. This year, they celebrate the 100th anniversary for the business.
“Our most wonderful vacations have been on motorcycles,” Lois Bell said. The two have ridden through Europe, South America, South Africa, New Zealand, Ireland, Japan and Germany.
“If those individuals listened, it probably saved some lives,” she said.
Motorcycle safety tips
•Use sound judgment.
•Drive the speed limit – plus or minus 5 mph.
•Practice hard stopping.
•Always use your turn signal.
•Avoid getting grease, oil or diesel fluid on your tires.
** December 19, 2011 Update: I regret to inform you that David Landowski the rider of the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.
The following news was reported today as a short blurb in the press.
Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.
The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.
According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.
Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.
The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.
It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.
For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.
The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.
The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.
Their life is changed in an instant.
I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?
Either way one thing is certain, David Landowski’s life will never be the same again.
The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.
Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.
So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.
There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.
The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.
Lying in bed recovering from surgery has given me time to contemplate solutions to our nation’s woes.
You will find that I have previously wrote a short article on how to get millions of America back to work, while reducing our dependence of foreign oil. You can read it below or by clicking here.
I am now going to lay out my solution to end the political stalemate in Washington, and make congress more accountable to the people.
Before I begin let me start off by stating for the record that I think that there are some congressmen who have betrayed our nation by doing what is in their political parties best interest rather than our nation’s best interest.
Our nation’s credit rating was recently downgraded because of the actions of some of these congressmen; they should be ashamed and they should be ousted out of our government. They have done enough damage.
As an Air Force veteran, these congressmen make me sick to my stomach and are aberrant to everything I believe in.
With that being said, some may think my solutions are too simple, and that is because I have designed them that way, to be simple.
To end the political stalemate in Washington, we must first get special interests and corporations out of our government.
I firmly believe that our government is firmly in the control of special interest, corporations, and oligarchies right now. (An oligarchy is a form of government in which all power is vested in a few persons or in a dominant class or clique; government by the few. These would be the super-rich 1% who control most of the wealth in this nation.)
The Declaration of Independence says: “a government of the people, by the people, and for the people,” nowhere does the Declaration of Independence say by special interest, corporations, or oligarchy.
In order to flush the special interest and corporations out of our government toilet bowl, we need to enact campaign finance reform.
In other words, the way things work right now, someone who wants to run for congress or political office has to raise mega millions of dollars in order to do so. In order to win, a candidate either has to pay for the campaign out of their own money, or they have to go to special interest, corporations, or wealthy contributors for the money to do so.
Either way, these candidates end up being for the most part non representative of the people because they have to answer to those that gave them money to be elected.
Ultimately, these candidates end up owing favors to the special interest, corporations, and wealthy benefactors who contributed to their campaign.
How does this help our nation, it doesn’t, it is a system ripe for corruption.
In the end rather than doing what is in the best interest of the American people, you end up with candidates doing whatever they can to be re-elected, and to please whoever gave them money for their campaigns.
I say the Federal Government should give each candidate a set amount of money for their campaign, and that is it. No more money allowed!
No candidate should be allowed to use private money or special interest money again for their campaigns.
Each TV channel in return for being given a broadcast license in this nation should be mandated to give each candidate a set amount of time on the airwaves to campaign, and that is it. No more crappy political ads every commercial break.
This solution should get rid of the special interest control over our elections, corporate control of our elections, and the oligarchy control over our elections.
The Supreme Court made a horrible decision in Citizens United by allowing corporations to donate unlimited amounts of money towards political campaigns, because it took the voice of the people away and gave it to the corporations.
I know some may balk at the government financing campaigns, and putting limits on how much money each candidate may spend, but this is the only solution if we want to take our nation back from the special interest, corporations, and oligarchies.
Do we have the guts to take our nation back?
My second solution is term limits for all congressmen, just like we have for our president. 2 terms and then you are out of there.
There are congressmen who have been in office their entire careers. I do not think our founding fathers had this in mind when they set up our nation.
These career congressmen have learned how to game the system, and exert an undue influence on what they call junior congressmen.
Some of these career congressmen are so cavalier; they think they have an automatic entitlement to be re-elected. Therefore they do what they want instead of what is best for the people and their constituents.
Most if not all of these congressman are loyal to their political parties more than they are loyal to the American people.
It is time to flush these congressmen down the drain, and get people in there who care more about our nation than their political party.
Therefore let’s enact term limits for each congressman, 2 terms and that is it!
My solution to fixing our government is simple; (1) Campaign Finance Reform, and (2) Two Terms for each Congressman only.
We need to take our nation back before it is too late.
Well with Palm Springs American Heat I have finally had enough with what I think is a disgusting advertising practice by what in my opinion are bottom feeder personal injury lawyers.
In Palm Springs a certain so-called Biker Lawyer group had some scantily clad young girls aggressively coming up to people who were walking by saying that they worked for a lawyer who actually rides, as they tried to force feed passerby’s their business cards, and cheap novelties and trinkets.
I told the girls who came up to me, “Sorry, I am a Biker Lawyer who actually rides.” They kind of had a shocked look on their faces.
You see, I actually ride to many motorcycle events all over the nation. This year was no different.
All of a sudden there are a certain group of the same personal injury lawyers showing up at events calling themselves “Biker Lawyer” and “Lawyers that ride” at motorcycle events.
To me a Biker Lawyer and a Lawyer that rides, is someone like me who is a lawyer and who also is a biker that rides motorcyles. It is a real simple concept, not some bullshit marketing slogan!
I think that I may have been the first Biker Lawyer to coin that term back in 1997 or so, because I am a lawyer who really rides. Once I started putting it out there on my website and on my blog, all of a sudden I saw other lawyers claiming the same thing.
Well now all of a sudden there are groups of lawyers showing up at motorcycle events all claiming to be “lawyers that really ride.”
It is not that I do not mind competition, hell I think it would be great to find a group of lawyers that actually ride motorcycles, hell I would like to go ride with them and make some new friends.
But what I really think is going on is a marketing gimmick aimed at bikers, and the way I see it, showing up at a motorcycle rally with a booth telling people if they crash their motorcycles, to call them, is disgusting and despicable to me.
In two words it is “Bad Karma.”
At the Las Vegas biker rally a few weeks ago, as we were walking by one of these booths, some guy sitting on his ass in the booth looked at my wife’s hat and said in a smart ass way, “who is the biker lawyer?” (The hat said Biker Lawyer, www.bikerlawyer.net on it) I told him I was. I also told him that I don’t sit at booths at motorcycle rallies; I actually ride to the rallies.
He had a stunned look on his face because I was actually in my biker garb because; yes I was riding, unlike him.
Curious about what it actually takes to be a Biker Lawyer with one of these organizations that has started up in the last couple of years I believe; I contacted one who I think was based in Arizona if I am not mistaken. They sent me a bunch of literature. At the time I contacted them, they had some firm based in San Diego as their only California firm.
In researching them, I saw no indication whatsoever that anyone from the firm listed for California at the time rode motorcycles. Matter of fact, I never even heard of them! Now it could be that someone from that firm actually rode motorcycles, it all seemed fishy to me.
Basically, I was told that if you pay at the time I contacted them, approximately 10k or so yearly fee to the organization I am referring to, you can be a Biker Lawyer with their group.
They would advertise for cases for you, and send you the cases in your territory. Very interesting!
Now the casual person looking at this group would think that it is all the same organization. Well it is not. It is a marketing vehicle that attorneys pay to be a part of.
Nowhere on the application did it ask if you actually ride motorcycles. Further, they hold themselves out to be Lawyers that really ride.
I think this practice is very misleading. I think consumers and bikers should be notified that lawyers pay a fee to be a part of this organization, and I think each of their lawyers should actually ride if they are going to advertise that they are lawyers who ride!
My next question is that most States require you to be licensed in that particular State to practice law in that State. You can apply to represent an individual in Court on a one or two time basis if you are an out of state lawyer, however, you cannot do it all the time.
So I wondered, how do the now 3-5 groups of lawyers that show up at all of the biker rallies, and that advertise in all of the biker rags, actually practice law in all 50 states legally.
The answer is that they cannot. It appears to me that these groups of lawyers that are advertising nationwide either have some kind of fee splitting deal going on with lawyers in the different States so the main lawyer will advertise and get cases for them, and then they will share the attorneys fee with the guy in the State actually doing the case, or they have some kind of marketing scam going on, where the attorney pays a fee like the organization I contacted, and the main attorney will advertise, and then send cases to the lawyers who are paying their franchise fee.
I think this entire practice is misleading, and despicable.
I saw American Chopper last night where even another group that I have never heard of before has popped up. It appears to me to be another marketing setup where they have created a website to target nationwide the “niche” market of motorcycle riders.
After digging deep into their website, it looks like the main law firm sponsoring their “Biker law” marketing campaign is based in Pennsylvania, and they too are claiming that they are lawyers that ride. I have no clue how this site or law firm work, but again, unless they have attorneys licensed in each state, they too must have some kind of fee splitting or franchise type of deal going on.
They do not limit themselves to just one State on their website.
On the TV show, they had a guy who they represented to be an attorney come in and order a custom bike to honor the firefighters or something to that affect. Somewhere it stated that he was the “lead counsel” or “managing counsel” of the biker law end of the firm. What the hell does that mean?
Anyway, at the end of the show there were a bunch of people in t-shirts with the biker law website address on it.
I almost threw up. You got to admit these people are marketing geniuses. They get an hour of TV advertising for what looks to be new operation, and all they had to do is pay (probably overpay) for a custom chopper from Orange County Choppers.
In the end there sits us real bikers. What are we supposed to believe is true?
First, I think that no lawyer should be going to motorcycle events and advertising for motorcycle accident cases. People are at the events to have fun, not to have the fact that they could crash shoved down their throats by a bunch of marketing hacks.
Second, I think that all of these firms should be forced to disclose the truth about their organizations, i.e., whether they are a fee splitting shop, whether lawyers pay them to have cases sent to them, and who in fact is the real biker lawyer in their organization.
I personally know at least two major attorneys in the so-called biker lawyer nationwide marketing scam, and neither of them rides motorcycles. One of them even stated in the Los Angeles Times in an article that he does not ride; because he wants to see his grandkids grow up. The article featured one of their new associates who had just got a Sportser, who had ridden for less than 6 months. (This guy has since left and opened his own bike lawyer shop)
So here I sit a humble real California Biker Lawyer who actually rides motorcycles. I am the friggen real deal. I am not playing some marketing scam on my clients. They know what they are getting when they retain me.
If you are in California and want the real deal call me; 800-816-1529 x.1.
For the rest of you there is a saying; Caveat Emptor, which is Latin for let the buyer beware.
Finally, you can have a say so if you also don’t like these bottom feeders showing up at our motorcycle rallies, simply don’t call them if you have an accident.
With a little research you can find someone like me who actually ride’s and is not part of some marketing operation geared towards bikers!
I am a Motorcycle Accident Attorney who handles motorcycle accident cases all over the State of California. Unlike all of the other lawyers out there advertising for motorcycle accident cases, I actually ride motorcycles.
I have a unique incite above all other lawyers who do not ride motorcycles because I am actually a biker like you.
I cannot tell you how sick and tired I am of getting a new motorcycle accident case, where my client has suffered catastrophic injuries, and the person at fault has minimum $15,000 coverage, no coverage, or coverage nowhere close to covering the damages in the accident.
Look let’s face it, we motorcycle riders are far more likely to be seriously injured or even killed in a motorcycle accident, then those who ride 4 wheel cars or trucks. Unlike the person in a car who has a metal cage around them, all we have is the helmet and clothes on our body to protect us. When we hit the ground at speed we tend to suffer more serious injuries.
It is smart and prudent for those of us who ride motorcycles to protect ourselves financially in case we are in an accident.
So you may ask how we protect ourselves financially in case we are in a motorcycle accident.
It is simple; we buy enough insurance to cover the risk of catastrophic injury in case we are in a motorcycle accident.
How do we buy the right insurance? It is simple, in California, most uninsured motorist coverage policies also cover under insured motorist as well. In other states or even California, you want to make sure you have uninsured motorist and under insured motorist coverage in an amount of no less than $500,000 dollars. I suggest that you have at least one million dollar uninsured motorist and under insured motorist coverage for motorcycle accidents.
Uninsured motorist coverage will cover you in case a person who is at fault in an accident has no insurance.
Under insured coverage, covers the difference between what the at fault driver insurance policy limits are and your coverage. It gives you the option of deciding how much coverage you will need.
I also suggest that you maintain high liability coverage limits as well (In case you are at fault) for your passenger in case you are in an accident where you are at fault.
Finally how do you cover yourself for an accident that you are at fault in? You can get comprehensive and collision coverage to cover your motorcycle, rental car coverage to cover your loss of use of your motorcycle, and medical payment coverage to cover your medical bills.
Most policies that I have seen only cover medical payments up to $10,000; however I am sure you can get more coverage depending upon how much you are willing to pay.
So there it is there are no more excuses for not enough insurance coverage to cover you in case you are in a motorcycle accident. Call your insurance agent and get yourself covered.
I do not want to find myself one day trying to explain to you why after you have suffered a million dollar injury, you will only get $15,000 in your motorcycle accident, because the person who is at fault only has minimal coverage, and no assets to pay you a million dollar judgment.
Besides, if you do get a million dollar judgment against an at fault driver, all they have do to is go bankrupt to get rid of the debt to you. The right insurance is almost always the only way to protect yourself financially in a motorcycle accident case.
If you or your family have been the victim of a motorcycle crash, truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.
There are few things I enjoy in life more than jumping on my Harley Davidson Electra Glide Ultra and riding my motorcycle on the open road, especially with my brothers.
To be frank, it really is hard for me to express how much I enjoy riding motorcycles. The good thing is that I really do not have to explain it to those of you who already ride motorcycles, because you already know what I am talking about.
One of the reasons I bring this subject up is that last Friday night, I was on my home from a gathering of motorcycle club brothers in Tehachapi, California, when I stopped in Palmdale, California for some gas.
A fat guy dressed in what appeared to me to be medical scrubs of the type that doctors and nurses wear at a hospital, made it a point to walk up to me as I was gassing up my motorcycle to say “You really should not ride motorcycles around here because of all of the illegal aliens and unlicensed drivers.”
I looked at the guy who thought he was giving me genuine advice that would make me stop riding motorcycles after 40 some years, and said “dude, life in general is dangerous, I am not going to live my life here in America, worried about getting hit by an illegal alien or an unlicensed driver. Further, life itself is a fatal illness.”
The guy gave me a puzzled look and walked away.
This guy must be out of his fucking mind thinking that I would quit riding because I was afraid of illegal aliens and unlicensed drivers.
Riding motorcycles is one of the important pleasures that I have in my life.
This guy was not giving advice to a novice. I have literally handled many motorcycle accident cases all over the State of California. Everytime I handle such a case, I think about “what if that were to happen to me.” Yes it kind of freaks you out, but then again, flu season is coming up, am I supposed to hide in my estate afraid of getting swine flu? Hell no.
There is one unalienable fact of life; those who are alive today, will someday die. You cannot live your in fear of what could happen, all you can do is just live.
I am not cavalier about riding motorcycles. I am about as safe of a rider that there is out there, although I could improve my riding attire somewhat. I am thinking about adding an armored riding suit to my repertoire.
This weekend I will be on my new motorcycle. I cannot wait to test out the intercom and the CB that came standard on my Ultra. I have installed the speakers and mic inside Liz’s helmet and mine.
I hope we all have a safe riding weekend everyone; keep both wheels on the road.
Also just a reminder, My 02 Harley Davidson Electra Glide is still for sale. She is sitting in my garage waiting for you to come pick her up. You can check it out here at http://www.galaxystorm.com/bike.
The Moy & Fernandez Law Group are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.
We are experts in dealing with motorcycle accident cases.
We handle motorcycle accident cases, motorcycle passenger injury accidents, and other personal injury cases all over the State of California. We are real bikers and motorcycle riders who represent bikers and motorcycle riders who have suffered injuries due to motorcycle accidents and crashes. We handle Motorcycle Accidents, Motorcycle Passenger Accidents, Dangerous Conditions on public roads which cause motorcycle accidents, defective motorcycle cases, Cruiser Motorcycle Accidents, biker rights, criminal law, Car Accidents, Uninsured Motorist Claims, Wrongful Death, Torts, Cager and/or Car negligence, personal injury and Other Injury Cases. We have locations in Southern California and Northern California. We handle personal injury, and motorcycle accident cases in all over California including: Southern California, Central California, and Northern California.
If you have been injured in a motorcycle accident or any other motor vehicle accident, you may call us 7 days a week, 24 hours a day at 800-816-1529 x. 1, or submit your case online here.