Category Archives: Biker and Motorcycle Law

Legal issues that all Bikers and Motorcyclist should know about!

After Market Exhaust’s and Pipes are About to Become Illegal in California.

Written on September 4, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, Biker and Motorcycle Law, Criminal Law, EPA, Editorial, Education, General Legal, News, Noise Laws, Regulations
After Market Motorcycle Exhausts will become illegal under SB 435

After Market Motorcycle Exhausts will become illegal under SB 435

Well, many of you have heard about SB 435, and many of you have not. California Senate Bill 435 will basically make it illegal to run with non stock exhausts on your motorcycles.

This bill passed the State Senate and is now sitting on Governor Arnold Schwarzenegger’s desk as I type this.

Our only hope now to get this asinine bill stopped is for the governor to veto the bill.

Every one of you should call, email, and write to Schwarzenegger NOW to get him to not sign the bill. Schwarzenegger is a fellow biker. Hopefully he will veto the damm thing.

If Schwarzenegger signs SB 435, it will become law. This law makes all 2013 and newer bikers without EPA stamped exhausts subject to fines of between $50.00 and $100.00.

On a personal note, I have never had a stock motorcycle with EPA stamps, so I have no clue how the hell the State is going to force manufacturers to put Federal EPA stamps on their exhaust systems.

I think this law is discriminatory on its face.

They say that since this is a secondary infraction, that the Police will be unable to pull over a motorcycle solely for an apparent exhaust violation, but I know that many bikers are being pulled over now for supposedly loud pipes.

You and I all know how this thing will play out. There will be some officers that will pull over any motorcycle that sounds loud, and they will ding the rider with a ticket if they cannot see the EPA stamp on the exhaust.

Frankly, I am so pissed off about this bill that I probably should not write anymore about it right now.

All I can say is that this is what happens when you get legislatures in office making more money than most of the people in the State, and with too much time on their hands.

By California Motorcycle Accident Attorney and Biker Lawyer, Norman Gregory Fernandez, Esq., © 2010

  • Share/Bookmark
1 Comment - Leave a comment!
Tags: , , , , , , , , , , ,

Motorcycle Riders Beware; The Bad Economy Can Kill You.

Written on August 26, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, Biker and Motorcycle Law, California Motorcycle Accident, Defective Roads, Editorial, Education, Fatal Motorcycle Accident, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Motorcycle Safety Tips, Passenger Injuries, Personal Injury, Riding Your Motorcycle
Potholes in street are a bikers worst nightmare

Potholes in street are a bikers worst nightmare

I hope the headline of this article got your attention.

The sad fact is that it is true. The bad economy that we are in right now can kill you or severely injure you if you ride a motorcycle, or are a motorcycle passenger.

You see, the streets, roads, highways, freeways, and interstates of cities, states, and our nation are falling apart, and are in a severe state of disrepair.

Many roads that you ride on have dangerous conditions such as potholes, significant cracks, debris, missing signs, or might even be in a dangerous state due to road construction.

I have represented many motorcycle accident victims whose motorcycle accidents were caused by dangerous conditions on the road.

Heck, in just the last couple of weeks, I have had multiple new motorcycle accident victims sign up with me, because they crashed due to dangerous conditions on the road.

Just recently, I watched a report on a local TV news channel about the fact that Los Angeles has a severe backlog of street repairs that need to be done, but that are on hold due to budget constraints.

They know about severe defects and are not fixing them. In some cases the streets are so bad, that they need to be replaced. Still they are doing nothing.

Well this is unacceptable. You see that the government owes each of us a duty to maintain our roads and highways in a safe condition, such that it is fit to be used in the manner in which it is intended.

Maybe instead of paying government workers six figure salaries, cushy insurance benefits and huge pension plans, that most people in private industry do not get, maybe they should take some of this money and fix our roads.

You see the government knows full well that if you have a road with potholes and other defects, that us motorcycle riders can and do hit these defects and crash.

There are many riders being severely injured and even killed right now, because our roads are not being maintained in a safe manner.

Maybe much of the so-called stimulus money should be spent fixing our roads and streets. Two birds can be killed with one stone; stimulate the economy and fix our infrastructure at the same time.

Getting back on subject, local city, county, and state governments are claiming that they cannot fix our roads because of the economy and their budget deficits.

Well guess what, they are still on the hook for negligence if their failure to fix a road or street, causes a motorcycle rider to crash.

If you or a loved one has been injured in an accident due to a dangerous road condition anywhere in California, give me a call for a free consultation at 800-816-1529 x. 1.

In California you have only 6 months from the date of your accident, to file a claim against a governmental or public entity. You do not have time to mess around.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © August 2010

  • Share/Bookmark
2 Comments - Leave a comment!
Tags: , , , , , ,

Hello from San Francisco

Written on August 5, 2010 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Events, General Legal, News, Other
California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

Well it is 3:51am on Thursday morning. I just arrived at my hotel in downtown San Francisco after an uneventful trip from Los Angeles.

I am here to give a speech at the American Bar Association Convention. For us lawyers, the ABA convention is the superbowl of nationwide attorney conventions.

 I received the honor to be asked to speak at this year’s convention. I could not turn it down. 

Stays tuned for videos and pictures, and wish me luck! 

By California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., August, 2010

  • Share/Bookmark
4 Comments - Leave a comment!
Tags: , , , , , , , , , ,

It looks like those Rip-Off Red Light Photo Tickets in California Might Not be Enforceable After All; Thank Goodness.

Written on June 14, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, Biker and Motorcycle Law, Courts, Criminal Law, Editorial, Education, General Legal, News
red light camera

A red light camera affixed to a pole

Some of you out there may have received a notice in the mail that you ran through a red light, and that the evidence or proof was obtained through a photograph.

Some of you may have simply heard of red light photo tickets.

Along with the notice, you probably also received notice of a hefty fine of between $400 and $500 dollars for the infraction.

Welcome to the automated world of governmental entities ripping you off to pay off their budget deficits, under the guise of public safety.

These Red Light Photo tickets have been controversial in California for a few reasons, including but not limited to; (a) most attorney’s have always known that this type of evidence of violative of our hearsay rules of evidence here in California; (b) studies have found that red light cameras actually create more accidents; and (c) with the budget crisis here in California, State and local governments have tacked on so many surcharges onto these types of infractions, that the fine is between $420 and $480 which is absolutely outrageous under the circumstances.

Basically government is using these fines to offset their deficits, rather than making the fine fit the infraction. This is a dirty underhanded method of taxing the public by ticket so to say. This issue is more about governmental entities filling their coffers than public safety.

Anyway, getting back on topic, guess what, the Appellate Court Division of the Orange County Superior Court has ruled in the case of People v. Khaled, 30-2009-304893 (Orange Super. Ct., Ap. Div., filed May 25, 2010) that a Court Commissioner was wrong to admit photos and a declaration seeming to show that Tarek Khaled ran a red light in Santa Ana on August 2, 2008. Without those pieces of evidence, Khaled should not have been convicted of violating the Vehicle Code, the Court said.

In its opinion, the Court added; the case “involves an issue far too often presented in this Court, namely the admissibility of evidence and the statutory compliance with the procedures employed by several municipalities in the County in what have come to be known as “photo enforcement” citations.”

The Court threw out the automated photo evidence because it is hearsay and violates that California Evidence Code.

If this opinion stays on the books or is upheld by the State Appeals Court, Red Light Tickets will not be enforceable in the State of California.

The attorney who fought these tickets stated that he became very frustrated that the Courts were not applying the California Evidence Code to these types of tickets.

Of course the City Attorney Joseph W. Fletcher believes that the ruling is wrong, intends to ask the 4th District Court of Appeal to take up the decision and to order it depublised.

My opinion is such; Photo Tickets are inadmissible hearsay if the California Evidence Code is applied thereto. Pursuant to California Rules of Evidence with respect to photo evidence, it has long been established that to admit photo’s into evidence, that the person taking the photo must testify that the photograph is a reasonable representation of what it is alleged to portray, otherwise it is hearsay.

With red light tickets, there is no one to testify that the actual photographs reasonably depict that which is being shown; they lack foundation and are hearsay.

The California Evidence Code has long established the principal that photographs must be supported by adequate foundational testimony.

Now with the advent of digital photography and programs that allow photographs to be easily altered with the click of a mouse, it is even more important that an adequate foundation be established for photographs that are admitted into evidence, and that the person testifying to the same be available for cross examination.

It has simply been too easy for the government to set up red light cameras and introduce their photographs without following the rules of evidence.

In my opinion, maybe it is time to initiate a voter ballot initiative to take this issue out of the legislative hands, and ban red light cameras in California because they cause more harm than benefit, and the potential for abuse does not justify their use in society.

I would go even further; I would limit the amount of fines that can be imposed for infractions. It does not make sense that general damages have been limited in medical malpractice cases to $250k since the 1970’s yet the government has without justification raised the cost of infractions a few hundred percent since the 1970’s.

It is time we make the government work for us and not against us.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2010

  • Share/Bookmark
3 Comments - Leave a comment!
Tags: , , , , , , , , ,

Are There Any Real Biker Lawyers out there Beside Myself?

Written on June 7, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, California Motorcycle Accident, Car Accidents, Criminal Law, Editorial, Education, Fatal Motorcycle Accident, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Passenger Injuries, Personal Injury, Product Defects, Slip and Fall, Wrongful Death
California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

Are there any real biker lawyers out there beside myself?

When I look at the Internet I see a bunch of pasty face lawyers and attorneys in suits claiming that they are motorcycle injury attorneys. Some are well known so-called motorcycle attorneys who advertise in a bunch of motorcycle publications, and even set up booths at events.

I know one up and coming so-called motorcycle attorney outfit that is nothing more than a marketing franchise scheme aimed at bikers and motorcyclist like you.

Hell, they advertise on TV, and they are all over the Internet representing themselves as biker lawyers.

When I contacted them to find out what they were about, they sent me marketing literature. Basically if you join their outfit and pay a fee, you too will be a real biker lawyer. They have a nationwide marketing campaign going right now which is targeted at bikers and motorcyclist. What a joke!

Let me ask you a question. Would you really want to hire a motorcycle injury attorney from an outfit that is nothing more than a marketing scheme directed at you?

Some months ago a few of us so-called “biker lawyers” were in an article in the Los Angeles Times discussing what is what like to be a biker lawyer.

One of my competitors admitted in the article, that he did not ride “because he wanted to grow old to see his grandchildren.” There was another attorney mentioned in the article, who I have never heard of before the article, who had recently starting working for the same firm of the guy who admitted that he did not ride, stating that he recently actually started riding, and that he recently started doing motorcycle accident cases; isn’t that grand.

Hell at least I give them a little credit for having an employee attorney who actually started riding a Harley Davidson Sportster right before the article came out.

Hell this firm advertises nationwide in many prominent biker rags. If you were to read their advertisements you would think that these guys are the baddest biker lawyers in town. I challenge them to ride with me sometime here in California. It would be nice to actually meet another attorney who rides motorcycles.

Geez would you want an attorney who is great at advertising, but who does not ride because “they want to grow old to see their grandchildren” representing you in your motorcycle accident case? Do you think that this guy actually respects you and your right to ride?

The reporter from the Times gave me a sentence or two credit in the article, notwithstanding the fact that she interviewed me for about an hour.

I thought it was amusing that the majority of the article was spent giving lip service to attorneys who don’t actually ride motorcycles, except for the one junior associate I mentioned above, who had just started riding motorcycles.

I challenge any of the so-called local California Biker Lawyers and Motorcycle Accident Attorneys who advertise anywhere in California to join me on a ride. The reason why I am issuing this challenge is because I believe that maybe only a few of them actually ride motorcycles if any do at all.

I do know of some lawyers nationwide who do actually ride motorcycles. One of them from Southern California who rides, does not do motorcycle injury accident cases.

There was an actual Superior Court Judge based in San Bernardino who actually rides motorcycles. He is, or was a Judge, I am not sure of his status now, but he does not advertise as a biker lawyer who handles motorcycle accident cases.

There is an attorney; his name is Jeff who lives in Korea, who rides. I met him through this Blog, the Biker Law Blog.

I know that there are lawyers out their sprinkled around the good old USA that ride motorcycle, but believe you me; they are the exception and not the rule.

In my personal opinion, I think that a law firm, or someone who advertises that they are “the best” motorcycle accident attorney,” or that they are “attorneys who ride,” or that they are “motorcycle accident experts,” etcetera, etcetera, should put their proof where there mouths are, or stop the false and misleading advertising.

I put my proof on the road on a daily basis. I do not make untrue claims about being a lawyer who rides; I am a lawyer who rides.

My firm has helped many bikers and motorcyclist in their time of need after a motorcycle accident. My client’s know I am a biker and motorcyclist just like them. When they talk to me, they are talking to a fellow biker and motorcyclist, not some attorney who advertises to them like they are a niche market.

Do not fall prey to slick advertising campaigns, or firms that are flat out misleading you into thinking that they are real bikers and motorcyclist only to get your business, when they are not bikers and motorcyclist who actually ride.

It is one thing to be a generic personal injury attorney who handles motorcycle accident cases, and another thing to flat out lie about being a biker and motorcycle rider only to get business, and to get real bikers and motorcyclist like you to sign up with them.

As I have stated many times, a generic personal injury attorney is at a severe disadvantage handling motorcycle accident cases, because they do not know the intricacies of riding a motorcycle, the very real dangers that bikers and motorcyclist face on the road when they ride, or how to deal with the prejudice that bikers and motorcyclist sometimes face, because they themselves have never had to personally deal with them.

You would not want to go to a general doctor for an orthopedic operation would you? So why would you go to a generic personal injury attorney instead of a real biker and motorcycle accident attorney to handle your motorcycle accident case?

So there it is. If you are a motorcycle accident victim, you need to do your due diligence when picking an attorney and lawyer to handle your motorcycle accident case.

If you see a slick advertisement from someone claiming to be a biker who rides, or who claims that they are the best motorcycle accident attorney, or that they are attorneys who ride, or someone who poses next to a motorcycle in a picture or advertisement, ask them a few questions about riding, particularly, when was the last time they rode!

You should know after a few questions whether they are bullshitting you our not.

My name is Norman Gregory Fernandez, and I am a real California Biker Lawyer, who handles motorcycle accident cases. Yes, I actually ride.

Then again, if you are anywhere in California, you can just call me. I will take care of you if you have a good case. Call me 7 days a week, 24 hours a day at 800-816-1529 x. 1.

If I agree to take your case, and you decide to retain me, I will send my people out to sign you up, so that you do not have to come into our offices.

We will handle your motorcycle property damage claim part of your case for free, unlike other attorneys who may charge you an administrative fee, or even a percentage of the amount of property damage.

I know attorneys who charge a fixed administrative fee to handle property damage. I will never take a dime of money to help you get your motorcycle repaired or totaled, if you retain me for your injury case.

We not only do not do that, but we think that it is wrong for a lawyer and attorney to take any part of the property damage claim in a motorcycle injury case.

If you are one of our clients, we will not only do the property damage part of your case for free; we will also do the following;

We will arrange to get you medical care, even if you do not have medical insurance, as part of your overall case.

We will help you to get a rental car if you are stuck without transportation.

We will help you to get a handicap placard for your vehicle so you can park in handicapped spaces while you are recovering.

We will help you to get a cash advance on your case with a 3rd party company if you are unable to work.

We will fight to get you everything that you are entitled to in your case such as loss of income and future income, medical expenses and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, loss of use of your motorcycle, and any other out of pocket expenses related to your accident.

We will also fight to get your spouse a recovery for the loss of consortium related to your motorcycle injury accident.

Hell, we even make ourselves available to our clients after hours and on the weekends when necessary.

We are not bankers and do not keep bankers hours. We work when necessary, not by arbitrary hours like some other attorneys!

We will go that extra mile for you in your case.

There is a reason why many bikers, motorcyclist, motorcycle club members, and others come to me for representation on their California cases; and it sure is not because of my slick advertisements.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2010

  • Share/Bookmark
12 Comments - Leave a comment!
Tags: , , , , , , , , , , ,

What do you do with your hands if you are stopped by the Police!

Written on May 11, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, Biker and Motorcycle Law, Cagers, Courts, Criminal Law, Editorial, Education, Motorcycle Safety Tips, News, Personal Injury, Riding Your Motorcycle, Videos

what to do if you are stopped by the police. **** 5/16/10 Update: Officer found guilty in shooting of sitting biker, see below for link.

**** 5/12/10 Update: See Video of shooting victim testifying in Court below.

When you are stopped by the Police in your car, on your motorcycle, or other motor vehicle, it is usually because the police think you have done something wrong.

It is very important that you keep your hands visible to the police officers for various reasons, the most important of which is so that you do not get shot or tasered.

Here is a link to some very disturbing video of a man being shot by the police while sitting on his motorcycle; click here to see video and story. The police officer is facing felony charges. The man who was shot is paralyzed as a result.

YouTube Preview Image

The police officers defense attorney is arguing that the police thought that this man had a gun. Judging by the video, it looks like a cold blooded shooting that was unjustified, however if you put yourself in the officers shoes, how did he know for sure that the biker did not have a gun when he turned toward him? If you were a cop, what would you do under similar circumstances?

I for one, sure the hell do not want to be the victim of a shooting such as this; who does?

There are a few things you can do to ensure that your encounters with law enforcement are safer for you and for law enforcement.

If you are in a car or other enclosed vehicle, turn off you ignition, place your car keys on the dash board, and keep your hands on the steering wheel. If the officer asks for your license and registration, ask the officer if it is ok to remove your hands from the wheel, and tell him where you are going to reach to get the information he or she is requesting. Once you get the information, put your hands back on the steering wheel until allowed to leave by the officer.

If you on a motorcycle, turn off the motorcycle, put you hands on the handlebars, and wait for the officer to approach. Do not remove your hands from the handlebars until the officer asks for your license and registration, at which time ask for permission to remove your hands from the handlebars, and inform the officer where you will be reaching.

In either case, do not exit your vehicle unless asked to do so, and do not get off of your motorcycle unless asked to do so.

I know many of you are thinking that having to do this is plain wrong. The purpose of the above exercise is not being right or wrong; it is to protect your life by assuring the police that you are not a threat.

I am not sure if this above procedure would have prevented the shooting of the guy on the motorcycle in the video, only god knows.

Officer found guilty for shooting, click here for story.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2010

  • Share/Bookmark
6 Comments - Leave a comment!
Tags: , , , , ,

A Season of Changes; One Step at a Time

Written on May 9, 2010 by Norman Gregory Fernandez in Announcements, Articles, Biker and Motorcycle Law, Celebrities, Editorial, General Legal, News, Other, Personal Injury
Norman Gregory Fernandez, Esq. and Jay Leno at the Rock Store

Biker Lawyer Norman Gregory Fernandez and Jay Leno

Well the year 2010 is turning out to be a real interesting time for me in my life. Along with getting hitched in January, and upgrading my Electra Glide, this year is turning out to be a significant year for me.

I am completing the process of opening an office in Palmdale, CA which will handle not only Personal Injury, Family Law, and Civil Litigation, but I am staffing the office to be a pre-litigation hub along with my Norwalk, CA office.

Once Palmdale is completed and staffed, pre-litigation for Personal Injury for the entire State of California will be handled out of two offices. This will be a good thing for my car accident, motorcycle accident, truck accident, motor vehicle accident, slip and fall, and other personal injury clients.

We just completed the first phase of upgrading our telephone system. As always new clients can call 800-816-1529 x. 1, 7 days per week, 24 hours per day, to speak to an attorney and get a free consultation on your case. Our aim is to have an attorney on call all of the time for new clients.

We are also planning on revamping our websites, so that they are compatible with the new XML standards, and so that they are more streamlined.

This blog, the Biker Law Blog, will also change software platforms as well to ensure its continued success into the future. With about 1 million hits per month, this blog is successful beyond my wildest dreams. I conceived this blog as a way to discuss motorcycle legal, safety, and other issues, as well as discuss rides and other off topic articles. The Biker Law Blog has instead become a trusted source of information in the motorcycle community worldwide.

We have gone green as well. I have been one of the legal industry pioneer’s when it comes to the paperless office. I wrote a ground breaking article on the subject early in 1999 which was published in Law Office Computing Magazine. From that article, Los Angeles Lawyer magazine, in 1999, and California Lawyer Magazine in 2000, wrote stories about my efforts to go paperless. These articles were mentioned in other publications as well.

Before I became an attorney, I was a Senior Tele/Data Communications Engineer for various manufacturers, and had the opportunity to be on the cutting edge of technology. This expertise has allowed me to utilize technology within my own firm to not only cut cost for my clients, but to help save the environment as well.

By digitizing our documents, we save countless trees, which helps save the environment. By utilizing services like Court Call whenever possible, we help to reduce carbon emissions, by telecommuting to Court. There is no reason to waste paper and ink anymore.

We are not only trying to help the environment, but we are set up to cater to our clients. You see we come to our clients instead of making our clients come to us. As a matter of fact, in many cases the only time our clients ever have to come into our office is to pick up their settlement check if they do not want to wait for the mail. We use cutting edge technology to communicate with our clients, thus saving them money by reducing our overhead.

There are many law firms out there that will charge you anywhere from $300 to $1,500 and up just for basic costs and expenses on personal injury cases that settle pre-litigation. Heck, some firms even charge an administrative fee to handle property damage. This, excuse my French is bullshit!

My clients know that we are straight shooters. My firm has no “Minimum” expense charge. We only charge actual costs and expenses, which we try to keep as low as possible so that you get more money in your pocket.

We handle personal injury property claims for our personal injury clients “FOR FREE.” There is no so-called administrative fee for handling property claims in my office and there never will be.

If you are selling yourself short by going to a personal injury firm that takes a cut out of your property claim you are a fool!

Heck, call us now, we will help you to switch your case over to our law firm.

This year is a season of changes in my life; it is an exciting time for me one day at a time.

On the motorcycle front, I have purchased a couple of pairs of slip on mufflers, and am going to experiment in the next couple of weeks, as to which pair I will keep on. Right now I am running Screaming Eagles with a Stage 1 setup.

I have also decided to upgrade the stereo system on my Harley Davidson Electra Glide from the Harley Davidson Advanced Sound System, to an aftermarket solution with will enable me to integrate MP3, WMV, AAC and other digital formats directly into the head unit, as well as high definition tuning for the radio, Satellite Radio, direct iPod control, BlueTooth, and the ability to directly address a USB mass storage device from the head unit.

The reason for the sound system upgrade is because I am a long distance rider. So far in the last month I have rode the Yuma Prison Run, and the Laughlin River Run. Next month I am riding to Yosemite, Carson City, NV, and Lake Tahoe with some friends. My wife and I will be riding to Sturgis, SD for the biggest motorcycle rally in the world, Sturgis. (When I get to the rallies I will walk up to my so-called Motorcycle Lawyer competition who will be in booths, and laugh at them as usual. None of them actually ride; losers~~~anyway….)

It will be nice to not only be able to enjoy my entire music library while on the road, but also be to listen to quality satellite radio even in the middle of the desert.

So there it is for now, a season of change. I look forward to sharing new and exciting things with all of you soon.

By California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., © 2010

  • Share/Bookmark
0 Comments - Leave a comment!
Tags: , , , , , , , , , , , , , , , , , , , ,

Truck Driver Charged in Fatal Arizona Motorcycle Crash

Written on April 8, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, Biker and Motorcycle Law, Criminal Law, Editorial, Fatal Motorcycle Accident, Motorcycle Accidents, News, Personal Injury
3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.

Motorcycles on the ground after horrible motorcycle accident in Arizona

The dump truck driver responsible for the deaths of four motorcyclists in a horrendous rear ender crash in Arizona has been arrested after toxicology results found methamphetamine was in his system on the day of the crash.

46-year-old Michael Jakscht is being charged with 4 counts of manslaughter, 5 counts of aggravated assault, and 7 counts of endangerment. He is being booked into the Maricopa County Jail.

Phoenix Police say that Jakscht was driving the truck that plowed through a group of eight motorcycles stopped at a red light at Carefree Hwy and 27th Ave back on March 25.

Three men caught under the truck and dragged were killed almost instantly. They were 67-year-old Clyde R. Nachand, 35-year-old Daniel L. Butler, and 52-year-old Stephen Punch. A female driver, 47-year-old Dayle Veronica Downs-Totonchi, died the next day from her injuries.

Phoenix Fire Captain Ernie Lizarraga was also one of the several victims seriously injured.

Officers arrested Jakscht Tuesday in the area of Highland and State Route 51.

Jakscht was being watched at his residence in Scottsdale. The surveillance team saw him leave and he was stopped by officers who observed impaired driving behavior.

Jakscht has been under surveillance ever since the fatal crash, as police waited for toxicology test results. The test results were completed in record time and illegal drugs — methamphetamine — were found present in Jakscht’s system, according to police.

Crime lab tests usually take between 4 to 6 weeks, but police made this test a priority and it was completed in two.

There are possible charges pending for impaired driving.

The accident is still under investigation.

I cannot believe that Arizona waited so long to arrest this guy.

California Motorcycle Accident Attorney Website

  • Share/Bookmark
12 Comments - Leave a comment!
Tags: , , , , , , , , , , , , , , , ,

Jesse James Charged with Vandalism in Long Beach

Written on April 2, 2010 by Norman Gregory Fernandez in Articles, Celebrities, Criminal Law, Editorial, In The Wind, Just BS, News, Other

Jesse James of West Coast Choppers and Monster Garage fameToday, Jessie James has been cited for vandalism by the Violent Crimes unit of the Long Beach Police Department after approaching and threatening a celebrity photographer parked across the street from the location of a West Coast Choppers Place press conference. The actual incident took place on March 25, 2010.

It is alleged that James blocked the photographer’s car with a motorcycle and yelled at him through the driver’s side window as a friend struck the car’s windows with a knife and slashed three tires. It was all caught on video.

The photographer was also cited for stalking James, but it’s the celebrity that took the biggest hit.

The photographer never would have been there, of course, if news had not broke a few weeks ago that James had been unfaithful to his movie star with Sandra Bullock – his wife of five years this July – with a variety of women.

Then came the photos of Jesse James posing as Adolf Hitler – years before meeting Bullock – and the questions of possible neo-Nazism were not far behind.

I hope Jessie James gets some treatment for anger management while he is in rehab. He is lucky because this incident could have been much worse if the photographer was actually struck with glass, or had a heart attack or something like that.

A quick outburst of anger has ruined many of men’s lives.

Jesse James must be thinking that it was nice while it lasted. However, I have a feeling that he is going to be OK.

Los Angeles Motorcycle Accident Attorney Website

  • Share/Bookmark
6 Comments - Leave a comment!
Tags: , , , , , , , , , , , , , , , , , , ,

What is Causing the recent Rise in Motorcycle Accident Deaths?

Written on March 28, 2010 by Norman Gregory Fernandez in Articles, Biker Rights, Biker and Motorcycle Law, Cagers, California Motorcycle Accident, Education, Fatal Motorcycle Accident, Motor Vehicle Accidents, Motorcycle Safety Tips, News, Personal Injury, Riding Attire, Riding Your Motorcycle

Researchers will Study Motorcycle Crash Causes and Prevention.The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.

Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.

Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.

The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.

The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.

Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.

The Federal Highway Administration will fund a study by Oklahoma State University’s Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.

The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.

The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.

Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.

The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.

Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.

The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.

If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!

By California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., © 2010

  • Share/Bookmark
16 Comments - Leave a comment!
Tags: , , , , , , , , , , ,
« Older Posts
  • Share/Bookmark


If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome, my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer. Click on the About Me Tab on Top to find out more about me

I created this site to provide information to the motorcycle and biker community, as well as general California Personal Injury, and Family Law Information to all.

On BikerLawBlog.com you will find Biker and Motorcycle Legal Articles, News, Links, Safety Tips, Personal Injury, Family Law, and more.

If you wish to contact me or submit articles, you may do so by clicking on the Contact Us button above, or by clicking here now
Norman Gregory Fernandez
Norman Gregory Fernandez
View lawyer's profile