A California Motorcycle Accident Lawyer who really rides that you can count on.

If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1,  to discuss your case.

California Motorcycle Accident Attorney Norman Gregory Fernandez

California Motorcycle Accident Attorney Norman Gregory Fernandez

  • I can get you medical treatment even if you do not have medical insurance,
  • I will send my investigators to you so you do not have to come into the office.
  • I will work to get your motorcycle fixed.
  • I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.

I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.

Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.

Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.

Enjoy my articles below, there are hundreds of them!

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

 

Category Archives: Criminal Law

Articles related to criminal law

The Laughlin River Run 2013, a Good Time for Most

Oatman, AZ on the last day of the Laughlin River Run 2013

Oatman, AZ on the last day of the Laughlin River Run 2013

I attended the Laughlin River Run 2013 this year as I do most years. The Laughlin River Run is billed as the largest motorcycle and biker rally on the west coast.

This year’s motorcycle rally was different than most past years rallies because the turnout appeared to be smaller than past years rallies, motorcycle club patches and soft cuts were not allowed anywhere near the strip, and there were a gaggle of what I call fake biker lawyers with booths set up at the event just waiting and hoping for those in attendance to refer their motorcycle accident cases to them.

I had for the most part a great time at the event. This was the second major motorcycle rally I have attended in many years, where I drove my motorhome to the motorcycle rally and trailered my motorcycle behind on a motorcycle trailer.

In the past when I rode to motorcycle rallies like this, I basically just rode my motorcycle to the event.

I will tell you that I have learned a valuable lesson in why it is better to take an RV and trailer the motorcycle to major motorcycle rallies. I no longer have to pay $200 a night for hotel rooms and hotels that just wait to poach money off of bikers, I put more miles on my motorcycle at the event than I ever have in the past, and there is much more fun happening at the RV parks than the hotels! I no longer have to worry about squeezing a weeks’ worth of toiletries and clothes onto my motorcycle; it all goes into my RV now.

This year I arrived at my RV Park in Bullhead City, AZ on May 24th, 2013 and proceeded to set up camp. I put up my Star Spangled Banner, California Republic, and POW/MIA flag above my RV, took the motorcycle off of the trailer, unrolled the awning, and we were ready to rock and roll.

The first thing I saw when I rode my motorcycle to the strip which was just across the river from Laughlin, NV, was an electronic sign stating that no this was a no MC Colors event, soft cuts not allowed, and bait motorcycles were being used to catch thieves.

I do not mind going after motorcycle thieves but I certainly did not like the fact that a major event such as this managed to ban all motorcycle patches from the strip. I think it is a violation of the 1st Amendment right to Freedom of Speech.

Notwithstanding the affront to motorcycle club members, this year’s event was a great time. There were plenty of fine looking ladies all over. Obviously there were guys for all the gals as well. There was the usual full line up of good bands and plenty of booze all over the place.

Those that know me know that I do not drink alcohol or use drugs. I would rather ride than sit around watching a bunch of bikers get shit faced at the bar.

Ride is exactly what I did throughout the entire event. I put on almost 1000 miles during the 6 days I ended up staying in Laughlin/Bullhead City. I found a road that is off the beaten track near Oatman, AZ called the scenic byway. My companion and I literally owned this road on Sunday. You are basically in the middle of the desert with no contact to the outside world for many miles. It was a great and hot ride.

During the ride in the desert I kept thinking I hope nothing happens to my motorcycle because here I would be up shit’s creek without a paddle. I opted to take a more populated route back to the RV on the way home since it was getting dark.

I managed to win over $70 dollars as well on this trip where ordinarily I always lose at the casinos.

On a down note one of my friends was arrested on Friday night /Saturday morning for Disorderly Conduct and another charge. They were transported from Bullhead City to Kingman, AZ to the county jail there. There was a weekend judge on duty. Suffice is to say I got almost no sleep on Friday night / Saturday morning, and I had to go bail them out on Saturday afternoon and give them a ride back to Bullhead City. Saturday night was spend crashed out in my RV recovering from helping my friend out.

Aside from bailing my friend out and losing Saturday night, I had a good time this year at the Laughlin River Run Motorcycle and Biker Rally. I will be going to many rallies this summer including Sturgis, Las Vegas, and Palm Springs.

See you on the road.

By California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez, Esq., © May 1, 2013

 

An Epidemic of Stupidity

dont be stupidI have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.

Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.

Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.

The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.

Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.

I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.

Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.

I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.

Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.

They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.

One of my sayings is that it is better to get two thirds of something instead of all of nothing.

To me this is plain stupidity, and there is a lot of it out there lately.

It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.

The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.

Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.

Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

California Personal Injury Attorney Website

 

Introducing our new California Accident App

 California Accident App Icon

California Accident App Icon

The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.

Best of all it is FREE for all users worldwide.

Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.

We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.

Here is a description of the California Accident App™ right from iTunes and Google:

Why download the California Accident App™?

The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.

Here are some screen shots, click on each image to see a bigger image:

California Accident App Screen Shot 1

California Accident App screen shot 2

 

 

 

 

 

 

 

 

 

 

California Accident App™ features:

- Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
- Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
- Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
- Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
- Emergency Services Locator.

Here are the QR Codes to help you find our California Accident App easier:

QR code for the California Accident App on iTunes for Apple Products

QR code for the California Accident App on iTunes for Apple Products

 

 

 

 

 

 

 

 

QR code for the California Accident App on the Google Android Play market for Android devices

QR code for the California Accident App on the Google Android Play market for Android devices

 

Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it.

By California Accident App™ Developer, California Personal Injury Law Firm, The Law Offices of Norman Gregory Fernandez & Associates

 

Make Sure you Notify the Department of Motor Vehicles if You Sell or Give Away your Car, Motorcycle, or other Motor Vehicle or You could Los Big Time

California Pink slip and tear off change of ownership form sample

California Pink slip and tear off change of ownership form sample

A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;

A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.

I literally get at least 5 calls a week with this exact same scenario.

In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.

I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.

What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.

The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.

This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.

Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.

If for some reason you lost the sheet that is attached to the Pink Slip, the DMV has an online system that is available here, to notify them of the change in ownership.

Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.

If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

By California Personal Injury Attorney Norman Gregory Fernandez, © April 25, 2012

 

A Life Changed in an Instant, the anatomy of a Motorcycle Accident

northridge-motorcycle-accident ** December 19, 2011 Update: I regret to inform you that David Landowski the rider of  the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.

The following news was reported today as a short blurb in the press.

Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.

The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.

According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.

Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.

The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.

It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.

For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.

The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.

The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.

Their life is changed in an instant.

I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?

Either way one thing is certain, David Landowski’s life will never be the same again.

The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.

Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.

So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.

There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.

The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © December 17, 2011

 

One of the Pleasures in Life; Being a Motorcycle Rider.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Malibu, CA

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Malibu, CA

There are few things I enjoy in life more than jumping on my Harley Davidson Electra Glide Ultra and riding my motorcycle on the open road, especially with my brothers.

To be frank, it really is hard for me to express how much I enjoy riding motorcycles. The good thing is that I really do not have to explain it to those of you who already ride motorcycles, because you already know what I am talking about.

One of the reasons I bring this subject up is that last Friday night, I was on my home from a gathering of motorcycle club brothers in Tehachapi, California, when I stopped in Palmdale, California for some gas.

A fat guy dressed in what appeared to me to be medical scrubs of the type that doctors and nurses wear at a hospital, made it a point to walk up to me as I was gassing up my motorcycle to say “You really should not ride motorcycles around here because of all of the illegal aliens and unlicensed drivers.”

I looked at the guy who thought he was giving me genuine advice that would make me stop riding motorcycles after 40 some years, and said “dude, life in general is dangerous, I am not going to live my life here in America, worried about getting hit by an illegal alien or an unlicensed driver. Further, life itself is a fatal illness.”

The guy gave me a puzzled look and walked away.

This guy must be out of his fucking mind thinking that I would quit riding because I was afraid of illegal aliens and unlicensed drivers.

Riding motorcycles is one of the important pleasures that I have in my life.

This guy was not giving advice to a novice. I have literally handled many motorcycle accident cases all over the State of California. Everytime I handle such a case, I think about “what if that were to happen to me.” Yes it kind of freaks you out, but then again, flu season is coming up, am I supposed to hide in my estate afraid of getting swine flu? Hell no.

There is one unalienable fact of life; those who are alive today, will someday die. You cannot live your in fear of what could happen, all you can do is just live.

I am not cavalier about riding motorcycles. I am about as safe of a rider that there is out there, although I could improve my riding attire somewhat. I am thinking about adding an armored riding suit to my repertoire.

This weekend I will be on my new motorcycle. I cannot wait to test out the intercom and the CB that came standard on my Ultra. I have installed the speakers and mic inside Liz’s helmet and mine.

I hope we all have a safe riding weekend everyone; keep both wheels on the road.

Also just a reminder, My 02 Harley Davidson Electra Glide is still for sale. She is sitting in my garage waiting for you to come pick her up. You can check it out here at http://www.galaxystorm.com/bike.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © August 12, 2011

 

California Highway 101 Fatal Crash – Driver Was Chasing His Stolen Motorcycle

Scene of tragic Salinas, California Accident

Scene of tragic Salinas, California Accident

SALINAS, California – A 6-year-old Salinas girl was killed after her father attempted to chase down a pickup truck on Highway 101 in North Salinas that he thought had his stolen motorcycle in the back, investigators said Thursday.

Just before 4:30 p.m. Wednesday, Luis Armando Molina, 33, of Salinas, was driving a 2000 Chevrolet Suburban sport utility vehicle on Highway 101 when he spotted a motorcycle in the back of a pickup truck, investigators said.

Believing the motorcycle was his stolen bike, Luis Molina chased after the gray truck, California Highway Patrol Officer Robert Lehman said. Luis Molina’s wife, three daughters aged 2, 5, and 6, and 10-year-old son were all riding in the SUV.

Dispatchers received 911 calls from motorists reporting two vehicles speeding recklessly on northbound Highway 101, Lehman said.

To catch up with the speeding truck, Luis Molina attempted to pass slower traffic by driving more than 60 miles-per-hour on the northbound shoulder, the CHP said.
He lost control and the SUV flipped near the Laurel Drive exit.

Xitlali Molina, 6, was thrown from the SUV.

Emergency responders who were first on the scene whisked the 6-year-old to Natividad Medical Center in Salinas, Monterey Sheriff Detective Kevin Gardepie said.

Despite surgeons’ attempts to save her, Xitlali Molina’s injuries proved lethal. The 6-year-old was pronounced dead at 5:07 p.m. in the emergency room, Gardepie said.

At the crash scene, a rumpled pink child car seat lay next to the wrecked black SUV Wednesday evening.

Xitlali Molina had been riding in the back seat of her father’s SUV, the CHP said.

Investigators are focusing on determining if she was properly buckled in a child restraining seat before the collision, Lehman said.

Her 2-year-old and 5-year-old sisters were both properly buckled in child safety seats, and her older brother and parents had seat belts on, Lehman said. California law requires all children younger than 6, or weighing less than 60 pounds, to be secured in a child safety car seat.

Immediately after the crash, all lanes on Highway 101 northbound in North Salinas were shut down during the evening rush hour commute and traffic snarled for miles. The lanes were closed so that a CalStar ambulance helicopter could land on the highway.

The helicopter airlifted the driver’s wife, Maria Molina, 32, of Salinas, to a Bay Area trauma center to be treated for moderate injuries.

Luis Molina and his other three children escaped the crash with minor injuries.

The pickup truck driver fled the scene. On Thursday afternoon, CHP officers were still searching for the driver and the gray Chevrolet pickup truck with tinted windows.

Xitali Molina would still be alive playing with her favorite princess dollhouse and riding her pink scooter if her father had not chased the truck, neighbors said.

“It’s just sad. Especially if it’s a little girl and she has her whole future ahead of her,” neighbor Nick Mederos said Thursday. “One tragic incident and it’s all over.”
The father could be charged with reckless driving and vehicular manslaughter for the fatal crash. The Monterey County District Attorney’s Office will make that decision once the CHP concludes their investigation.

Luis Molina has a criminal history, including five convictions for driving with a suspended license. He has also been arrested for past reckless driving and burglary.

Chasing another vehicle on the highway, no matter what the reason, is not a smart course of action, Lehman said.

“The best thing to do is be a good witness. What’s most helpful to us is a license plate number, we can do a lot with that,” Lehman said. 911 dispatchers will alert nearby officers so that trained emergency officials can track down and pullover the suspected vehicle safely.

Salinas California Car Accident Lawyer and Motorcycle Accident Attorney Website

 

Sport Bike Riders Close Another Freeway While Doing Stunts; They will Bring Down Heat on All Sport Biker Riders.

I have written about Sport Motorcycle Riders raising hell on public streets on the Biker Law Blog many times in the past.

Here is a link to a story and videos, I wrote and posted almost 4 years ago showing this type of activity on a freeway; click here now.

Below is a video of a freeway closing by sport motorcycle riders in Texas this past weekend.

I know I am going to get the usual “Yea I am a badass sport bike rider so screw off” messages from certain sport bike riders who read the Biker Law Blog, but the real fact of the matter is that idiots doing stuff like this on public freeways will only bring down heat on everyone riding a sport motorcycle, even the poor bastard who may have just bought an inexpensive motorcycle to ride to work on.

I know the idiots doing these things think it is cool to raise hell like this and then post the videos on Youtube and the like, but in the end no good can come out of it.

You can watch the video below and see for yourself. The video comes from a news channel in Texas, and a short commercial will appear before the video appears.

You tell me if you think the non riding civilian public will tolerate this kind of thing and if you think it will bring down heat on all bikers.

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

 

The California Highway Patrol gets ready to Roust Bikers as Angeles Crest Highway Re-Opens Today

Motorcycle Riders about to ride up the Angeles Crest Highway

Motorcycle Riders about to ride up the Angeles Crest Highway

As the California State Department of Transportation is poised Friday to re-open Angeles Crest Highway, a curvy mountain road beloved by bikers, the CHP will step up enforcement.

The Crest’s sweeping turns and steep cliffs demand motorcyclists navigate the road with care and at a controlled speed, and the California Highway Patrol plans to help folks remember this through the Motorcycle Safety Coalitions grant, the agency announced Wednesday. CHP Public Information Officer Ming-Yang Hsu declined to release the amount of the grant.

The grant, which provides enhanced enforcement effort by CHP officers through September 30, will focus on traffic violations made by motorcyclists, as well as other vehicle drivers that can lead to motorcycle collisions, injuries and fatalities, according to a CHP press release.

“Angeles Crest has one of the highest accident rates in the state,” Hsu said, adding the CHP waited to make the grant announcement until Caltrans’ announcement of reopening the road.

According to data from the CHP’s Statewide Integrated Traffic Records System, 164 motorcycle-involved collisions occurred on Route 2 from Starlight Crest Drive to state Route 39 in Los Angeles County between January 1, 2007 and December 31, 2008. Among the collisions, eight were fatal, seven of which were the result of unsafe speed. Of those, speed was the primary collision factor for 98 of the accidents.

Therefore, in an effort to reduce the number of motorcycle-involved fatal and injury collisions along the 38-mile stretch of highway patrolled by the Altadena Area office, the CHP will establish a task force and develop and implement a public awareness campaign by working with local agencies and community members.

Funding for this grant was provided by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Basically what this grant does is give the CHP more money to put more officers on the Angeles Crest to roust motorcyclist and bikers.

You have now been warned, take it easy out there!

California Biker Lawyer

 

A Letter from a Friend of Motorcycle Rider Sandy Desoto Who was Killed on Her Motorcycle

Sandy Desoto killed on her Motorcycle by suspected Drunk Driver

Beautiful Sandy Desoto killed on her Motorcycle by suspected Drunk Driver

I received the following letter via the Biker Law Blog contact page from a friend of Sandy Desoto on May 19, 2011. I am going to publish the entire letter below unedited, and then I will comment below.

—–Original Message—–

From: Nobody [mailto:xxxxxxxxxx] On
Behalf Of James R. Brennan

Sent: Thursday, May 19, 2011 7:14 PM

To: xxxxxxxxxx

Subject: From Biker Law Blog; Death of Sandy Desoto, May 7, 2011

From: James R. Brennan <xxxxxxxxxxxxx>

Subject: Death of Sandy Desoto, May 7, 2011

Message Body:

Hello,

I work out on a regular basis as Gold’s Gym Venice.  Sandy Desoto was a regular there as both a personal trainer and to do her own routine.  I was shocked to find out that she’d been killed on her motorcycle by a 74-year old New Jersey tourist making an illegal u-turn, while intoxicated.  I was so interested in how this situation might play out, that I went to the Santa Monica police department and asked for a case number so that i might take it over to the DA’s office at the LAX courthouse in order to follow the courtroom proceedings as they unfolded.  I was again shocked when investigator Detective Dawson told me, in no uncertain terms, that he would NEVER release ANY information about this case:  not the driver of the car, not any of the finding of facts from the investigation, NOT ANYTHING – EVER!  I asked him why this case was considered to be so special that he couldn’t even reveal the name of the driver of the car?  His only response was that the family of Sandy had requested that no information be given out.  I asked him if there was any way that I could force the issue in order to obtain the available information, and he told me that I’d have to obtain a “freedom of information” writ.  This whole business stinks to high heaven and seems to me like some kind of a coverup.  Was there something wrong with Sandy?  Was the driver a high-profile individual that doesn’t want his name spread?  Anyway, I believe that something should be done to pry this information out of the police.  I thought that this kind of thing was a matter of public record.  I would like to get your take on what I’ve said here.  Also, I will make myself available to do whatever’s necessary to bring this case out of the shadows and into the light.  Thank you! Jim
Brennan

This mail is sent via contact form on Biker and Motorcycle Lawyer Blog

It does not take a rocket scientist to see that some kind of cover up is going on here. I think that the public has a right to know why a person was killed on city streets by another person, and why the person who did the killing seems to be protected.

I am going to make my own inquiries, but in the meantime, I would ask all of you to call the Santa Monica Police department and ask them why they are covering up what happened.

California Motorcycle Accident Attorney Norman Gregory Fernandez

 

Watch out for Counterfeit DOT Certified Helmets – Look for Revised DOT Labeling.

Watch out for counterfeit helmets bearing DOT labels

Watch out for counterfeit helmets bearing DOT labels

Novelty and/or Counterfeit DOT motorcycle helmets may look the part, but many, if not all, fail to meet federal safety standards.

These dubious novelty and/or counterfeit helmets feature a Department of Transportation (DOT) approved label, but most are counterfeit, according to the National Highway Transportation Safety Administration (NHTSA).

In other words if you buy a cheap helmet that you think is DOT certified because it has a DOT label, you may be buying nothing more than junk.

It is important that if you want to wear a DOT helmet for safety purposes while riding your motorcycle that you ensure you are buying a helmet manufactured by a reputable helmet manufacture.

To help combat counterfeiters, the NHTSA has revised the DOT labeling for motorcycle helmets that now reads “DOT FMVSS No. 218 Certified,” which is an acronym for the Federal Motor Vehicle Safety Standard 218.

Effective May 13, 2011, all new motorcycle helmets must have one of these new labels in its interior, which show that the lid met federal standards for “Impact Attenuation,” “Penetration” and “Retention System,” such as the strap.

Besides reading “DOT FMVSS No. 218 Certified,” the label will also identify the motorcycle helmet manufacturer, precise model designation and also month and year of manufacture.

According to the FMVSS No. 218, “Each helmet shall be labeled permanently and legibly, in a manner such that the label(s) can be read easily without removing padding or any other permanent part.”

And of course, the DOT logo sticker must be present at the lower rear of the motorcycle helmet.

The NHTSA says these new labeling requirements will enhance overall motorcycle safety based on the following statistics:

  1. A motorcycle helmet that meets the DOT FMVSS No 218 requirements drops the risk of dying in a motorcycle crash by 37 percent, the NHTSA reports; and
  2. If fewer helmets are created that don’t meet the federal standard, the NHTSA reports that between 22 and 75 lives may be saved.

It is good to see the NHTSA trying to save the lives of motorcyclists by attempting to weed out scumbag helmet counterfeiters. However, there is a good chance that the new labels will also be counterfeited.

California Motorcycle Accident Attorney Website

 

Sandy DeSoto a very well-known Personal Trainer in Southern California has been killed by a Suspected Drunk Driver while riding her Motorcycle in Santa Monica.

Sandy Desoto was killed while riding her Motorcycle by a suspected Drunk Driver

Beautiful Sandy Desoto was killed while riding her Motorcycle by a suspected Drunk Driver

Santa Monica – California

Sandy DeSoto, 48, of Marina Del Rey, was fatally injured May 7 and taken off life support Thursday.

Santa Monica police are investigating the accident in which a 74-year-old New Jersey man was booked on suspicion of drunken driving and released pending any charges.

The former Ford model, who worked out of Gold’s Gym in Venice, divided her time between her boat, a house in Palm Springs and a cabin in Big Bear.

A lifelong athlete and avid motorcycle rider, she reportedly was headed toward home after watching a Friday night boxing match when a tourist made an illegal U-turn in front of her, and her southbound BMW GS 1100R struck the side of his car in the 1700 block of Ocean Avenue.

The Minnesota-born beauty, who spoke fluent Spanish and German, spent her early years in Los Angeles, then moved to Guatemala with her parents, where she attended high school and college. She was an Olympic hopeful in track and field but sidelined due to a knee injury, according to a bio on her website.

She is survived by her mother and a brother, both of whom in live in Southern California.

Police stated they may turn their case over to the District Attorney’s Office for consideration of charges next week.

Funeral plans were pending today for a well-known personal trainer fatally injured in a motorcycle accident on Santa Monica’s Ocean Avenue.

What I cannot understand is why the idiot that killed Sandy was released pending any charges. If he was booked for suspicion of drunk driving, why was he not charged with drunk driving murder or at the minimum manslaughter for making an illegal U turn.

I ride my motorcycle almost every day. The way I look at this situation is that it could have been any one of us motorcycle riders who could have been the victim of this fool who made the illegal left turn.

I was riding with some bro’s yesterday, and some idiot who was illegally holding a cell phone to his head almost switched into my lane. Luckily I have a loud mini-beast air horn. When I opened up my Mini Beast the guy jumped. That is why I got the damm thing.

I send my prayers and condolences to the family of Sandy DeSoto; she did not deserve to go out this way.

The chump who killed her needs to have the book thrown at him.

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

 

Rancho Cordova California CHP Captain Arrested in Suspected DUI Motorcycle Crash

Scene of CHP Officer DUI Motorcycle Accident

Scene of CHP Officer DUI Motorcycle Accident

PLACERVILLE – California

A captain with the California Highway Patrol has been arrested for suspected drunken driving after crashing his Harley-Davidson motorcycle in El Dorado County.

A CHP accident report obtained indicates that Robert D. Patrick, 47, was arrested late Friday night, and then released for treatment of moderate injuries related to the motorcycle accident, at Sutter Roseville Medical Center.

According to the report, Patrick was riding a 2008 Harley-Davidson Fatboy southbound on Mt. Aukum Road south of Fairplay Road when he failed to negotiate a curve. The motorcycle traveled onto the dirt shoulder and overturned.

The report stated that due to Patrick’s level of injuries, his level of sobriety was undetermined and subject to further investigation. Patrick was released from the hospital Saturday.

Patrick is a 25-year CHP veteran and commander of special operations at the CHP’s Valley Division office in Rancho Cordova, according to CHP Asst. Chief Ken Hill, who is Patrick’s immediate boss.

Hill indicated that the investigating officers gave Patrick no special courtesy because of his position with the CHP.

“I can assure you we handled it the way we would with any citizen. There was no preferential treatment,” Hill said.

Hill said an internal CHP investigation was underway in addition to the criminal case that will be handled by the El Dorado County District Attorney.

Hill said appropriate action would be taken at the conclusion, but that a DUI conviction would not necessarily end Patrick’s career with the CHP.

For the record I do not think anyone should be riding motorcycles after drinking any alcoholic beverage, because it is flat out too dangerous.

I have friends who regularly drink a beer or two and then ride. I always tell them that it is a big mistake. It is better to wait until you are done riding, before you drink.

The case of CHP Officer Robert D. Patrick is a horrendous example of the pot calling the kettle black. I wonder how many people Officer Patrick has busted in his career for drinking and driving.

I am quite sure he also knows how alcohol affects a person’s ability to drive, let alone ride a motorcycle.

Officer Patrick is innocent until proven guilty. However, if he is found guilty of DUI on a motorcycle, his ass should be fired. We do not need officers breaking the laws we hire them to enforce.

You can read a copy of the CHP Report by Clicking Here Now.

California Motorcycle Accident Attorney and Biker Lawyer

 
A Truly Disturbing Motorcycle Accident Caught On Video

A Truly Disturbing Motorcycle Accident Caught On Video

As a California Biker Lawyer, I handle horrific motorcycle accident all over the State of California on a daily basis.

Hell, I was just talking to one of my investigator’s yesterday, as we discussed a fatal motorcycle accident that happened on the 5 freeway yesterday just north of the 14 interchange in Valencia, CA, that everytime I handle a motorcycle accident it kind of makes me think long and hard about continuing to ride a motorcycle. (At least for a second)

My investigator Scott rides just like I do.

He always says the same thing to me, “you will never quit riding motorcycles.” He is right, unless I am physically unable, I will always ride motorcycles. I cannot imagine not riding motorcycles. Anyway, getting back to the subject of this article…

I just watched a video of a horrific rear ender motorcycle accident that occurred in the State of Texas.

This video demonstrates quite literally, the dangers that we as motorcycle riders face by drivers of cars who are not paying attention.

The driver of the car that hit the motorcyclist in this instance did not even have a driver’s license. In the video it is stated that the driver of the car was only given 3 tickets.

I think he should have been given more than that! You watch the video and decide for yourself.

Click here to watch the video, warning, it is quite disturbing.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © April 26, 2011

 

California Cell Phone Hands Free Law means Hands Free!

A Biker and Motorcyclist worst nightmare!

A Biker and Motorcyclist worst nightmare!

As many of you know, or should know, on July 1, 2008, a California law took effect which bans the use of cell phones without a hands free device while driving. I wrote an article about it which you can read by clicking here.

Many people think that the law allows you to hold your phone and use the speaker phone function of the cell phone while driving, so long as you do not hold it to your head. Well guess what, you cannot.

Technically under the hands free law, you cannot hold your phone to even dial it while driving.

Now here is the kicker, the fine for the first offense is only around $25.00. However, by the time all of the extra add-on assessments and costs are added onto the ticket, you will be looking at a $160.00 ticket for the first offense.

A second offense will kick it up to over $300.00, and so forth.

I have been informed that the CHP alone is writing almost 10,000 cell phone tickets a month right now, this does not include all of the other law enforcement agencies.

Obviously cell phone violations have become a big cash cow for our broke State, but I think that it is ridicules to be assessing such major fines simply for holding a cell phone and talking on the speaker.

Now as a motorcycle rider, nothing pisses me off more than seeing a cager with a cell phone to his ear, which in my opinion is blatantly illegal. I will usually blare my horn to get their attention.

Bottom line, in California, you cannot hold your cell phone while driving or you will get dinged. You must only use hands free.

Most cell phones these days allow you to voice dial through a Bluetooth device. That is probably the way to go.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © April 5, 2011

 

The Biker Law Blog is published by California Motorcycle Accident Attorney & Biker Lawyer Norman Gregory Fernandez, Esq.

The Moy & Fernandez Law Group are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.

We are experts in dealing with motorcycle accident cases.

We handle motorcycle accident cases, motorcycle passenger injury accidents, and other personal injury cases all over the State of California. We are real bikers and motorcycle riders who represent bikers and motorcycle riders who have suffered injuries due to motorcycle accidents and crashes. We handle Motorcycle Accidents, Motorcycle Passenger Accidents, Dangerous Conditions on public roads which cause motorcycle accidents, defective motorcycle cases, Cruiser Motorcycle Accidents, biker rights, criminal law, Car Accidents, Uninsured Motorist Claims, Wrongful Death, Torts, Cager and/or Car negligence, personal injury and Other Injury Cases. We have locations in Southern California and Northern California. We handle personal injury, and motorcycle accident cases in all over California including: Southern California, Central California, and Northern California.

If you have been injured in a motorcycle accident or any other motor vehicle accident, you may call us 7 days a week, 24 hours a day at 800-816-1529 x. 1, or submit your case online here.