Category Archives: Biker Rights

Articles discussing Bikers Rights

The Biker Law Blog and I are Featured in the American Bar Association Journal Magazine.

California Motorcycle Accident Attorney Norman Gregory Fernandez

California Motorcycle Attorney Norman Gregory Fernandez, Photo courtesy of the American Bar Association Journal, and photographer David Newhardt

Who says bikers are not represented in the legal community?

I was interviewed months ago by Rachel M. Zahorsky, a reporter with the American Bar Association Journal.

The article that she wrote about me is in the February 2011 issue of the American Bar Association Journal. You can read the article by clicking here now.

For those of you who do not know, the American Bar Association is the premier attorney organization in the United States. The American Bar Association Journal is a monthly magazine that is published by the American Bar Association for its attorney members.

When Ms. Zahorsky requested an interview from me I was honored to oblige her and the American Bar Association Journal.

In the grand scheme of things very few attorneys ever make the pages of the American Bar Association Journal, so when the magazine published an article about me, and a picture of me with my Harley Davidson Electra Glide, it was a thrill to see and read.

You see bikers and motorcyclists are often times underdogs both on the road and in the legal system.

Those of us who actually ride motorcycles understand more than anybody the dangers we face when riding our motorcycles on the road. We have to be very vigilant to ensure our safety on the road.

Often times, in car v. motorcycle accidents, potential jurors are prejudiced against motorcycle riders because they feel that we are engaged in a dangerous activity, or potential jury members may not like the way we dress.

In my experience, bikers and motorcyclists are in general, the most charitable and big hearted people I have ever met. We literally put on 100’s of events all over the United States every year for charity and to help others.

Unlike standard motorists, bikers and motorcyclists will go out of their way to help each other when in need. If any of you have ever broken down on your motorcycle on the side of the road, you know exactly what I am talking about.

One time on the way to the now defunct Hollister Rally, I ran out of gas. No less than 10 motorcycles stopped to help my then fiancé and me. I gave one guy some money and he went and bought a gas can and came back to us with gas. He could have just taken the money and went down the road. I have had many similar experiences in my time.

So I say good for the American Bar Association Journal to recognize my efforts, and to bring attention to bikers and motorcyclists.

On a side note the picture of me on the upper left and in the magazine, was taken by photographer David Newhardt who was tasked by the A.B.A. Journal with photographing me. I met him off of Pearblossum Highway on my Harley, and he followed me to the San Andreas Fault where the picture was taken.

This photograph marked the first time in my many years of riding, that I have ever ridden a motorcycle in a full suit. I must have looked very funny while riding. My suit pants where blown by the wind up to my knees so my very white legs were exposed.

As usual the ride was awesome.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2011

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What a Start to the New Year; It Has Been Hectic.

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

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography

Here it is January 25, 2011, and this really the first substantive article that I have written for 2011.

About a week before Christmas 2010, I was hit with a couple of health issues that all but ruined the holiday season for me.

I also disassociated myself from a motorcycle riding group that I was with for about 2 years or so. I have no resentments or hard feelings whatsoever against any of them, nor do I have anything bad to say about them. The issue for me was really about participation.

Thankfully, I will be moving on to be with a group of more serious motorcycle riders.

I wish my old group well as I move onto greener pastures so to say.

I look at one of my health issues as a godsend. It was a wake up call that has forced me to watch my diet and to start really working out again, which I have done. God willing, I will be here for quite a long time helping all of you with your cases, and writing good articles.

My goal is to get back to my optimal physical form in the next few months. This will involve a strict diet, cardio training, lifting weights, and doing my martial arts. Brother Vic will get me back to my Kenpo roots.

I would like to welcome all of my new clients who signed up during the holidays and this month, to our law firm family. There are quite a few of you, and I am happy to be here to help.

As a client of mine, and my firm, The Law Offices of Norman Gregory Fernandez & Associates, I will go to war for you to get you what you are entitled to in your case, or to help you win your case depending upon what area of the law we are representing you on.

Those who know me including opposing attorneys know I do not play games. I am a very aggressive attorney who loves to fight in the trenches.

Either give my clients what they are entitled to, or we will go to Court and get it. I do not run a settlement mill, we are a litigation law firm with the time, resources, and expertise to go to battle for our clients when the need arises.

To my many motorcycle accident clients, motorcycle passenger accident victims, car accident victims, slip and fall/ trip and fall clients, and other clients, you know we are here for you through thick and thin. Hang in there. Once we get you back on your feet and get your motorcycles and cars either repaired or replaced, and get you the money you deserve, you will be back in the saddle and invited to my annual ride/barbecue as are all of my past motorcycle accident clients. As usual, I will ride tail gunner. :)

My law firm is many times, the only way my clients who are victims of 3rd party negligence can get medical treatment, get back on their feet, get their lives back, and be compensated for their losses.

We know this, and we are here for you. I am truly blessed to be able to provide this kind of service to you.

This is not a money game for me, I from the bottom of my heart love to help people in their time of need. There is nothing that gets me off more than helping people in need. I think this is what sets me apart from the hoard of other attorneys out there.

I love going up against for profit insurance companies who do their dammdest to not pay you for your injuries, simply so that their profits remain high. I am the bain of their existence.

On to some personal issues, thank god my good friend and private investigator Scott Shaw of FinCIS Corporation is out of the hospital. He almost passed away on us during the holiday season.

Scott is a true brother and a close friend, of the type that would drive many miles in the middle of the night to be there to help you if you needed help. He is the kind of man who would stand by you, and back you, even if he is sick.

He was one of my best men at my wedding. Above all, he is a brother that can be trusted, and is an honorable man whom any organization would be, and should be proud to be associated with.

Scott we have many more rides ahead brother. Continue on your path to get your health back, and you will be back in the saddle again soon. We love you man.

I am truly blessed to have brothers like Scott, my partner Larry Moy, Len Chaitin, Motaz Gerges, Moe Mehrin, Allen of my San Francisco office, my brother Hollywood Bud, Grand Master Vic LeRoux, Senior Grand Master Chuck Sullivan, and many others who are my closest friends, brothers, partners, and confidants that are too numerous to mention here, in my life.

Happiness is not about how much money or possessions you have when you die; it is about your relationships with other human beings that matter most.

If you are an asshole, you will be treated like an asshole. If you are a nice guy, you will be treated as a nice guy. It is about Karma; treat others as you would like to be treated; and whatever comes around will most certainly go around.

Above all I would like to thank my wife Elizabeth. She has been with me for going on 10 years.

Our 1 year wedding anniversary is on January 30th of this month. We may not get along all of the time, but she is my main friend, associate, and partner.

Although just last night she told me that she did does not like the “Little Puppet” riding nickname I gave her 10 years ago.

She thinks it is condescending, although I gave her the nickname, because she used to have this little finger puppet that she messed with all of the time. It was not meant to be condescending.

Hell I have gave an ex who liked cats the nickname Kat. Many of you of you probably remember her from back in the day.

My wife likes dogs. I have told her that maybe we can call her “Mutt” or “Bark.” (It is an inside joke)

Although this year has started out tough and very busy, especially on my family, Scott, my injured clients, and I, this will still be a be a good year.

The glass is half full. I look forward to an exceptional year.

God be with you all.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2011

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New State Law Targets Motorcycle Thieves

New law against motorcycle thieves in 2011On January 1, 2011, a new State law will enable police to arrest anyone carrying a type of makeshift device used for stealing motorcycles.

The legislation targets so-called “pigtails” which are homemade ignitions that can allow a crook to start a motorcycle in as little as 20 seconds.

As of Jan. 1, 2011 possessing such a device will be a misdemeanor. Anyone caught with a pigtail could face up to six months in jail and be fined $1,000.

Thousands of motorcycles were stolen throughout the State in 2009, with insurance claims for the losses averaging $9,000, according to the Regional Auto Theft Task Force.

California has the nation’s highest motorcycle theft rate. In the first 10 months of 2010, more than 5,000 motorcycles were stolen statewide, resulting in roughly $45 million worth of insurance claims.

Although not everyone in the state rides motorcycles, the cost associated with the theft of sports bikes impacts all of us, since those costs are often passed on to auto policyholders as well, said Assemblyman Martin Garrick, author of the legislation.

Current State law bans the possession of burglar tools such as “slim jims,” shaved keys and bolt cutters, if law enforcement can establish the intent to use them to break into or steal a car, truck or SUV — but not a motorcycle.

Garrick, who describes himself as an avid biker, said the statute will close that “loophole.”

“The freedom of riding a motorcycle on California’s roads is one of life’s greatest joys that only enthusiasts can truly appreciate,” he said.

“With this new law, we are taking an important step to defend that freedom from those who seek to take it away by stealing someone’s motorcycle.”

One of the key proponents of the legislation was Chula Vista police Officer Anthony Molina, who raised concern about pigtails after getting a phone call from a fellow patrolman who had pulled over a known motorcycle thief.

Though the suspect was carrying hardware typically used to steal motorcycles, Molina reluctantly told his colleague he had to let him go, due to current law regarding such illicit tools.

The incident inspired Molina to work with the District Attorney’s Office on the recently approved prohibition on motorcycle-theft pigtails.

Also taking part in this morning’s briefing at a South Bay motorcycle shop were National City police Chief Adolfo Gonzales; his Chula Vista counterpart, Chief David Bejarano; and California Highway Patrol Capt. Scott Parker, commander of the regional vehicle-theft task force.

California Motorcycle Accident Attorney

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Changes to California Traffic Laws in 2011

California Traffic Law Changes for 2011As usual, California has tinkered with the laws again for the year 2011, as though we do not have enough laws as it is.

First, persons who want to obtain a learners permit for a motorcycle who are under the age of 21, must now complete a C.H.P. certified motorcycle safety course. They need to have a permit for at least 6 months, before a class M motorcycle license will be issued.

Second, drivers with traffic violations will be able to take Court approved courses online and at home in addition to going to traditional classrooms. This law will take three years to implement.

Third, Local authorities will not be able to enact or enforce a local ordinance on a matter covered by the California Vehicle Code. The new law is an effort to ensure that traffic convictions are properly recorded by the DMV.

Forth, January 1, 2012, drivers convicted of a third or subsequent DUI violation could lose their licenses for 10 years. Reinstatement will be possible after five years if specific conditions are met.

Fifth, The application for a driver’s license will include a “no” option when asking whether an applicant wants to register as a possible organ donor, and applicants will have to answer with either a yes or a no in the organ donation registration field.

And sixth Instead of expiring on January 1, 2011, the “sunset” date for hybrid vehicles with yellow stickers will expire on July 1, 2011. Those with white stickers (on electric and compressed natural gas vehicles) will expire on January 1, 2015. A third sticker will be created for plug-in hybrids. It will be valid from January 1, 2012 until January 1, 2015.

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

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A Horrible Crash in Ocotillo Wells, California, Kills 5, including 4 Members of the Saddle Tramps Motorcycle Club

Scene of accident that killed 4 members of the Saddle tramps MC

Scene of accident that killed 4 members of the Saddle tramps MC

*** November 16, 2010, Update – The driver of the Dodge Avenger is not going to be charged with drunk driving because no alcohol was found in his system. It was originally reported by the C.H.P. that they smelled alcohol on his breath.

A group of riders from the Saddle Tramps Motorcycle Club, a San Diego County club, were riding on Saturday, November 13, 2010, on Route 98, which is a rural freeway, about 80 miles east of San Diego, to celebrate their 10th anniversary, when there was a horrific accident that killed 4 of them including a husband and wife on one motorcycle.

The riders were in a group, when an idiot in a Gold Honda revved up behind them and repeatedly tried to pass the group of motorcycles by crossing over into the lane of oncoming traffic to the left of the motorcycles.

The Gold Honda then caused a Dodge Avenger that was in the opposing lane, to crash into the group of motorcycles as he attempted to swerve out the way of the idiot in the Gold Honda who was trying to pass the pack of motorcycles.

The Avenger then plowed into the group of motorcycles, killing 4 of them. A passenger in the Dodge Avenger was also killed.

The idiot in the Gold Honda who caused the crash by speeding in the wrong lane of traffic, then kept on going and got away for now.

The California Highway Patrol is looking for the guy in the Honda, which did not suffer any damage in the accident.

Witnesses said that the driver of the Honda was wearing a baseball cap. If anyone has any information, they are requested to call the California Highway Patrol.

The C.H.P., arrested the driver of the Dodge Avenger on suspicion of drunk driving because he had alcohol on his breath, however officials do not consider him to be at fault in the accident, because he was forced off of the road by the idiot in the Honda.

Several other bikers who were injured in the accident were airlifted to hospitals.

What lessons can be learned by this day of carnage? There are two; (1) Live each day as though it is going to be your last, because you never know when your number will come up; and (2) if a car comes up behind you very fast, and tries to pass you, yield if you can do so safely. Put your turn signal on, and move to the right, or even get off if you can.

I am not saying this accident could have been prevented, I am saying that when it is car against motorcycle, the car will always win no matter how tough you are, or how in the right you are.

My prayers and condolences go out to the members and the families of the Saddle Tramps Motorcycle Club.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

November 15, 2010 Update: Click here to read a detailed story about the accident on Yahoo News.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © October 14, 2010

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VIETNAM VETS KICKED OUT OF PECHANGA HOTEL AND CASINO ON VETERANS DAY!!

Vietnam Veterans Discriminated against on Veterans Day 2010

Vietnam Veterans Discriminated against on Veterans Day 2010

I received a call on November 12, 2010, from a Vietnam Veteran, who is a member of the Vietnam Vets MC.

He and some other Vietnam Veterans who are members of his club were illegally denied entry to a complimentary buffet at the Pechanga Hotel and Casino, in Temecula, CA, on Veterans Day.

We had a conversation about the incident. He sent me the below letter, and gave me permission to publish it here.

I am utterly appalled that an establishment such as Pechanga, an Indian Casino, would discriminate against Veterans on Veterans Day simply because they were wearing a Vietnam Vets MC patch.

Unless Pechanga makes amends to these Veterans, offers them a full apology, promises never to do something like this again, and makes things right with the guy’s and their families who were discriminated against, I am calling for a full boycott of Pechanga Casino.

Below is the actual letter that was sent to me by Mr. Ingersoll after our conversation.

On Thursday, November 11, Veterans Day, eight Veterans, seven Vietnam Vets and one active duty Marine, as well as two of their wives, were threatened with arrest and told to leave the Casino.

After leaving the Menifee Veterans Memorial Dedication ceremony in Menifee we headed to Pechanga for the complementary buffet offered to honor Veterans.

While in line for about 20 minutes we were approached by Pechanga Security and told we would have to leave because we were wearing our vests with a mc on the back. MC stands for Motorcycle Club. Also on the back of the vest was a patch that said VIETNAM VET, and USA, THE COUNTRY WE FOUGHT AND MANY DIED FOR.

Lt Jim, of their Security, said he would have us arrested for trespassing if we did not leave. As Vietnam Vets, this was the same treatment we received in 60’s and 70’s.

This is the year 2010, you would think that Veterans deserve more, not this.

It was embarrassing and humiliating to be treated with such disrespect in front at least 40 patrons, who could not believe what was happening.

I, Robert Ingersoll, a former Marine and retired school teacher of 35 years, had called the Casino a week earlier to make sure that wearing our vests would not be a problem. I was assured that it would not be a problem by SGT Moreno (spelling may not be right).

He said he would tell everyone in the days briefing that Veteran Motorcycle Clubs may be attending. We have been in many other Casinos in the area, without a problem. In fact the Vietnam/Legacy Vets, along with the Rez Riders, an Indian Motorcycle Club, have sponsored Toy runs for Years at other Casinos.

There are many Veteran Motorcycle Clubs in the area, Vietnam Vets, Legacy Vets, Veterans of Foreign Wars (VFW), American Legion Riders, Brotherhood of Marine Corps Riders, Leathernecks, Rough Riders, and many more.

There have been court cases that state: DESCRIMINATION AGAINST BIKERS ON THE BASIS OF CLOTHING OR MOTORCYCLE CLUB MEMBERSHIP IS ILLEGAL IN CALIFORNIA. Unruh Civil Rights, Act CC 51, et seq. and Cohen V California, a Supreme Court ruling, that stated that individuals have the right under the First Amendment to wear clothing which displays writing or designs.

The last time I looked, Pechanga Hotel and Casino is in California and part of the United States.

PECHANGA’S CONDUCT TOWARD THESE VETERANS WAS UNACCEPTABLE AND DISGRACEFUL.

After leaving Pechanga we headed to Applebee’s on highway 79 in Temecula. There we ate, were treated with respect and dignity, and the manager ask to take a picture of us for their wall. Pechanga should send its staff to Applebee’s for training on how to truly honor and respect Veterans.

Robert Ingersoll
Murrieta, California

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No More After Market Pipes in California in 2013; We Did it To Ourselves.

No More Non EPA Approved Pipes in 2013

No More Non EPA Approved Pipes in 2013

Governor Arnold Schwarzenegger has signed SB 435 into law which will require all motorcycles built after January 2013 to have EPA approved exhaust systems on their motorcycles.

Riders found without an EPA label certifying sound emission compliance will be issued fix it tickets, with additional infractions having fines up to $250.00.

Therefore, any motorcycle aftermarket exhausts or pipes that are not EPA certified will be illegal in California.

Many aftermarket motorcycle exhaust manufacturers will probably not have the money or inclination to get such a certification, so for all intents and purposes, after market pipes will no longer be legal in California.

If other States follow California with similar statutes then it may force manufacturers to comply with EPA regulations.

California will now basically enforce a 25 year Federal regulation which requires that all motorcycle exhausts be EPA certified.

I have been riding motorcycles for many years. I try to have exhaust systems that have some bark, but that are not too loud.

However, there are guys out there running open exhausts that are so loud that you cannot actually hear yourself talk as they drive by.

The State has now taken action to quiet our motorcycles down since we were unable to police ourselves.

What can be done to avoid SB 435? Keep your old motorcycles and do not buy anything new after 2013. Replace the engines, transmissions, and frames as needed.

Whatever you do, keep your stock exhaust systems just in case you do get a fix it ticket. Even if your motorcycle is not a 2013 or newer biker, we are still subject to noise laws here in California.

This bill will probably have an ominous effect on motorcycle sales in California. So again, we have do gooders enacting laws here that screw our economy.

What can we expect next, a motorcycle smog bill. I recommend that every motorcycle rider in the State of California join ABATE, so that we will have a voice in Sacramento.

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

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If you Ride a Motorcycle You Need to Read This; it Could Save You or Your Family

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

I cannot tell you how many motorcycle riders have called me this summer after having a motorcycle accident.

One guy in particular really disturbed me. His fiancé called me. He was taken out by a 17 year old teenage girl who had gotten her drivers license 2 weeks before the accident.

As she was driving in the slow lane, she told the CHP that she swerved her car trying to avoid something in her lane. While swerving, she cut across 4 lanes of traffic on the 10 freeway, and nailed my guy on the motorcycle as he was riding to work as a truck driver.

My guy had been riding motorcycles for years, this was his first accident. He had leathers on, and a full face helmet. He suffered a traumatic brain injury from the accident.

In the hospital, his family and fiancé were told he had the worst possible type of brain injury, and that he had a 10% chance of survival. Even before he woke up from his coma, his family and fiancé were told that he had permanent brain damage.

The girl who hit my guy only had the California minimum insurance of 15k per person per incident. This insurance amount will not even cover one day of my guy’s hospital care.

He was in a coma for about a month and in the hospital for 4 months. He is recovering, but he will never be the same. He see’s double vision, he is learning how to talk again, and he will never be able to return back to work as a truck driver. It is unknown what the future has in store for him, but at least he is still alive, and his fiancé is sticking by him.

He is fucked not only because he got taken out by a teenage girl in a car on the freeway, but because of her minimum 15k insurance coverage, he will get no money at all to compensate him for his future care, future loss of wages, his pain and suffering, loss of enjoyment of life, his emotional distress, etc.

This girl ruined his life.

This does not have to happen to you or your family.

WOULD YOU TRUST THE FUTURE OF YOU OR YOUR FAMILY TO HOW MUCH LIABILITY INSURANCE A TEENAGE GIRL DECIDES TO BUY?

Read the above sentence very carefully. If you as motorcycle rider want to put you and your family’s future in the hands of whatever liability insurance another driver buys, then you are a fool, yes a fool.

I cannot tell you how many times I get calls from victims of motorcycle accidents who are stuck living with the policy limits of the people who hit them. 99% of the time, the person who hit you in a motorcycle accident case, does not have enough insurance to properly compensate you.

I have recommended for years that every motorcycle rider and biker carry at least 1 million dollars in under insured and uninsured motorist coverage to cover the difference between the insurance liability policy that a person who hits you has, and what you may actually need to compensate you for your losses in a motorcycle accident case.

Yet time and time again, I hear the same old story from motorcycle accident victims, they do not have under insured coverage or uninsured motorist coverage to cover their losses.

I will lay it out straight to you because I am a fellow motorcycle rider and biker; if you get into a motorcycle accident, chances are that you will suffer a catastrophic injury, because we are not surrounded by sheet metal like in a car.

If you suffer a catastrophic injury in an accident that is not your fault, you could be entitled to substantial money. In order to get substantial money, you need to have substantial insurance. Many if not most people who may hit you on the road on your motorcycle, either have minimum insurance or no insurance because of the economy.

Therefore you need to protect yourself and buy the level of insurance that you feel comfortable with in case you suffer a catastrophic injury. This is not only to protect yourself, but to protect your family as well.

I suggest 1 million in under insured, and uninsured. If you can afford more, get more.

Look many of you out there spend hundred’s and possibly thousands of dollars per year on aftermarket accessories for your motorcycles why not take a chunk of that and protect yourself and your family.

This is just common sense.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © September 10, 2010

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

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

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Motorcycle Riders Beware; The Bad Economy Can Kill You.

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

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

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

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Are There Any Real Biker Lawyers out there Beside Myself?

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

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

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.

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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

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Truck Driver Charged in Fatal Arizona Motorcycle Crash

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

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What is Causing the recent Rise in Motorcycle Accident Deaths?

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

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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

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