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

You will find that I have previously wrote a short article on how to get millions of America back to work, while reducing our dependence of foreign oil. You can read it below or by clicking here.

I am now going to lay out my solution to end the political stalemate in Washington, and make congress more accountable to the people.

Before I begin let me start off by stating for the record that I think that there are some congressmen who have betrayed our nation by doing what is in their political parties best interest rather than our nation’s best interest.

Our nation’s credit rating was recently downgraded because of the actions of some of these congressmen; they should be ashamed and they should be ousted out of our government. They have done enough damage.

As an Air Force veteran, these congressmen make me sick to my stomach and are aberrant to everything I believe in.

With that being said, some may think my solutions are too simple, and that is because I have designed them that way, to be simple.

To end the political stalemate in Washington, we must first get special interests and corporations out of our government.

I firmly believe that our government is firmly in the control of special interest, corporations, and oligarchies right now. (An oligarchy is a form of government in which all power is vested in a few persons or in a dominant class or clique; government by the few. These would be the super-rich 1% who control most of the wealth in this nation.)

The Declaration of Independence says: “a government of the people, by the people, and for the people,” nowhere does the Declaration of Independence say by special interest, corporations, or oligarchy.

In order to flush the special interest and corporations out of our government toilet bowl, we need to enact campaign finance reform.

In other words, the way things work right now, someone who wants to run for congress or political office has to raise mega millions of dollars in order to do so. In order to win, a candidate either has to pay for the campaign out of their own money, or they have to go to special interest, corporations, or wealthy contributors for the money to do so.

Either way, these candidates end up being for the most part non representative of the people because they have to answer to those that gave them money to be elected.

Ultimately, these candidates end up owing favors to the special interest, corporations, and wealthy benefactors who contributed to their campaign.

How does this help our nation, it doesn’t, it is a system ripe for corruption.

In the end rather than doing what is in the best interest of the American people, you end up with candidates doing whatever they can to be re-elected, and to please whoever gave them money for their campaigns.

I say the Federal Government should give each candidate a set amount of money for their campaign, and that is it. No more money allowed!

No candidate should be allowed to use private money or special interest money again for their campaigns.

Each TV channel in return for being given a broadcast license in this nation should be mandated to give each candidate a set amount of time on the airwaves to campaign, and that is it. No more crappy political ads every commercial break.

This solution should get rid of the special interest control over our elections, corporate control of our elections, and the oligarchy control over our elections.

The Supreme Court made a horrible decision in Citizens United by allowing corporations to donate unlimited amounts of money towards political campaigns, because it took the voice of the people away and gave it to the corporations.

I know some may balk at the government financing campaigns, and putting limits on how much money each candidate may spend, but this is the only solution if we want to take our nation back from the special interest, corporations, and oligarchies.

Do we have the guts to take our nation back?

My second solution is term limits for all congressmen, just like we have for our president. 2 terms and then you are out of there.

There are congressmen who have been in office their entire careers. I do not think our founding fathers had this in mind when they set up our nation.

These career congressmen have learned how to game the system, and exert an undue influence on what they call junior congressmen.

Some of these career congressmen are so cavalier; they think they have an automatic entitlement to be re-elected. Therefore they do what they want instead of what is best for the people and their constituents.

Most if not all of these congressman are loyal to their political parties more than they are loyal to the American people.

It is time to flush these congressmen down the drain, and get people in there who care more about our nation than their political party.

Therefore let’s enact term limits for each congressman, 2 terms and that is it!

My solution to fixing our government is simple; (1) Campaign Finance Reform, and (2) Two Terms for each Congressman only.

We need to take our nation back before it is too late.

By Norman Gregory Fernandez, Esq., © November 7, 2011

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

Well with Palm Springs American Heat I have finally had enough with what I think is a disgusting advertising practice by what in my opinion are bottom feeder personal injury lawyers.

In Palm Springs a certain so-called Biker Lawyer group had some scantily clad young girls aggressively coming up to people who were walking by saying that they worked for a lawyer who actually rides, as they tried to force feed passerby’s their business cards, and cheap novelties and trinkets.

I told the girls who came up to me, “Sorry, I am a Biker Lawyer who actually rides.” They kind of had a shocked look on their faces.

You see, I actually ride to many motorcycle events all over the nation. This year was no different.

All of a sudden there are a certain group of the same personal injury lawyers showing up at events calling themselves “Biker Lawyer” and  “Lawyers that ride” at motorcycle events.

To me a Biker Lawyer and a Lawyer that rides, is someone like me who is a lawyer and who also is a biker that rides motorcyles. It is a real simple concept, not some bullshit marketing slogan!

I think that I may have been the first Biker Lawyer to coin that term back in 1997 or so, because I am a lawyer who really rides. Once I started putting it out there on my website and on my blog, all of a sudden I saw other lawyers claiming the same thing.

Well now all of a sudden there are groups of lawyers showing up at motorcycle events all claiming to be “lawyers that really ride.”

It is not that I do not mind competition, hell I think it would be great to find a group of lawyers that actually ride motorcycles, hell I would like to go ride with them and make some new friends.

But what I really think is going on is a marketing gimmick aimed at bikers, and the way I see it, showing up at a motorcycle rally with a booth telling people if they crash their motorcycles, to call them, is disgusting and despicable to me.

In two words it is “Bad Karma.”

At the Las Vegas biker rally a few weeks ago, as we were walking by one of these booths, some guy sitting on his ass in the booth looked at my wife’s hat and said in a smart ass way, “who is the biker lawyer?” (The hat said Biker Lawyer, www.bikerlawyer.net on it) I told him I was. I also told him that I don’t sit at booths at motorcycle rallies; I actually ride to the rallies.

He had a stunned look on his face because I was actually in my biker garb because; yes I was riding, unlike him.

Curious about what it actually takes to be a Biker Lawyer with one of these organizations that has started up in the last couple of years I believe; I contacted one who I think was based in Arizona if I am not mistaken. They sent me a bunch of literature. At the time I contacted them, they had some firm based in San Diego as their only California firm.

In researching them, I saw no indication whatsoever that anyone from the firm listed for California at the time rode motorcycles. Matter of fact, I never even heard of them! Now it could be that someone from that firm actually rode motorcycles, it all seemed fishy to me.

Basically, I was told that if you pay at the time I contacted them, approximately 10k or so yearly fee to the organization I am referring to, you can be a Biker Lawyer with their group.

They would advertise for cases for you, and send you the cases in your territory. Very interesting!

Now the casual person looking at this group would think that it is all the same organization. Well it is not. It is a marketing vehicle that attorneys pay to be a part of.

Nowhere on the application did it ask if you actually ride motorcycles. Further, they hold themselves out to be Lawyers that really ride.

I think this practice is very misleading. I think consumers and bikers should be notified that lawyers pay a fee to be a part of this organization, and I think each of their lawyers should actually ride if they are going to advertise that they are lawyers who ride!

My next question is that most States require you to be licensed in that particular State to practice law in that State. You can apply to represent an individual in Court on a one or two time basis if you are an out of state lawyer, however, you cannot do it all the time.

So I wondered, how do the now 3-5 groups of lawyers that show up at all of the biker rallies, and that advertise in all of the biker rags, actually practice law in all 50 states legally.

The answer is that they cannot. It appears to me that these groups of lawyers that are advertising nationwide either have some kind of fee splitting deal going on with lawyers in the different States so the main lawyer will advertise and get cases for them, and then they will share the attorneys fee with the guy in the State actually doing the case, or they have some kind of marketing scam going on, where the attorney pays a fee like the organization I contacted, and the main attorney will advertise, and then send cases to the lawyers who are paying their franchise fee.

I think this entire practice is misleading, and despicable.

I saw American Chopper last night where even another group that I have never heard of before has popped up. It appears to me to be another marketing setup where they have created a website to target nationwide the “niche” market of motorcycle riders.

After digging deep into their website, it looks like the main law firm sponsoring their “Biker law” marketing campaign is based in Pennsylvania, and they too are claiming that they are lawyers that ride. I have no clue how this site or law firm work, but again, unless they have attorneys licensed in each state, they too must have some kind of fee splitting or franchise type of deal going on.

They do not limit themselves to just one State on their website.

On the TV show, they had a guy who they represented to be an attorney come in and order a custom bike to honor the firefighters or something to that affect. Somewhere it stated that he was the “lead counsel” or “managing counsel” of the biker law end of the firm. What the hell does that mean?

Anyway, at the end of the show there were a bunch of people in t-shirts with the biker law website address on it.

I almost threw up. You got to admit these people are marketing geniuses. They get an hour of TV advertising for what looks to be new operation, and all they had to do is pay (probably overpay) for a custom chopper from Orange County Choppers.

In the end there sits us real bikers. What are we supposed to believe is true?

First, I think that no lawyer should be going to motorcycle events and advertising for motorcycle accident cases. People are at the events to have fun, not to have the fact that they could crash shoved down their throats by a bunch of marketing hacks.

Second, I think that all of these firms should be forced to disclose the truth about their organizations, i.e., whether they are a fee splitting shop, whether lawyers pay them to have cases sent to them, and who in fact is the real biker lawyer in their organization.

I personally know at least two major attorneys in the so-called biker lawyer nationwide marketing scam, and neither of them rides motorcycles. One of them even stated in the Los Angeles Times in an article that he does not ride; because he wants to see his grandkids grow up. The article featured one of their new associates who had just got a Sportser, who had ridden for less than 6 months. (This guy has since left and opened his own bike lawyer shop)

So here I sit a humble real California Biker Lawyer who actually rides motorcycles. I am the friggen real deal. I am not playing some marketing scam on my clients. They know what they are getting when they retain me.

If you are in California and want the real deal call me; 800-816-1529 x.1.

For the rest of you there is a saying; Caveat Emptor, which is Latin for let the buyer beware.

Finally, you can have a say so if you also don’t like these bottom feeders showing up at our motorcycle rallies, simply don’t call them if you have an accident.

With a little research you can find someone like me who actually ride’s and is not part of some marketing operation geared towards bikers!

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

California Motorcycle Accident Attorney Norman Gregory Fernandez

I am a Motorcycle Accident Attorney who handles motorcycle accident cases all over the State of California. Unlike all of the other lawyers out there advertising for motorcycle accident cases, I actually ride motorcycles.

I have a unique incite above all other lawyers who do not ride motorcycles because I am actually a biker like you.

I cannot tell you how sick and tired I am of getting a new motorcycle accident case, where my client has suffered catastrophic injuries, and the person at fault has minimum $15,000 coverage, no coverage, or coverage nowhere close to covering the damages in the accident.

Look let’s face it, we motorcycle riders are far more likely to be seriously injured or even killed in a motorcycle accident, then those who ride 4 wheel cars or trucks. Unlike the person in a car who has a metal cage around them, all we have is the helmet and clothes on our body to protect us. When we hit the ground at speed we tend to suffer more serious injuries.

It is smart and prudent for those of us who ride motorcycles to protect ourselves financially in case we are in an accident.

So you may ask how we protect ourselves financially in case we are in a motorcycle accident.

It is simple; we buy enough insurance to cover the risk of catastrophic injury in case we are in a motorcycle accident.

How do we buy the right insurance? It is simple, in California, most uninsured motorist coverage policies also cover under insured motorist as well. In other states or even California, you want to make sure you have uninsured motorist and under insured motorist coverage in an amount of no less than $500,000 dollars. I suggest that you have at least one million dollar uninsured motorist and under insured motorist coverage for motorcycle accidents.

Uninsured motorist coverage will cover you in case a person who is at fault in an accident has no insurance.

Under insured coverage, covers the difference between what the at fault driver insurance policy limits are and your coverage. It gives you the option of deciding how much coverage you will need.

I also suggest that you maintain high liability coverage limits as well (In case you are at fault) for your passenger in case you are in an accident where you are at fault.

Finally how do you cover yourself for an accident that you are at fault in? You can get comprehensive and collision coverage to cover your motorcycle, rental car coverage to cover your loss of use of your motorcycle, and medical payment coverage to cover your medical bills.

Most policies that I have seen only cover medical payments up to $10,000; however I am sure you can get more coverage depending upon how much you are willing to pay.

So there it is there are no more excuses for not enough insurance coverage to cover you in case you are in a motorcycle accident. Call your insurance agent and get yourself covered.

I do not want to find myself one day trying to explain to you why after you have suffered a million dollar injury, you will only get $15,000 in your motorcycle accident, because the person who is at fault only has minimal coverage, and no assets to pay you a million dollar judgment.

Besides, if you do get a million dollar judgment against an at fault driver, all they have do to is go bankrupt to get rid of the debt to you. The right insurance is almost always the only way to protect yourself financially in a motorcycle accident case.

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

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © September 18, 2011

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

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

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

In the past couple of years or more I have been involved in lawsuits against governmental entities to protect the rights of individuals to be members of motorcycle clubs without harassment, false arrest, defamation, and unlawful incarceration simply because they choose to be members of motorcycle clubs and to wear patches.

I have spoken at a city council meeting in a city where a rouge mayor who is also an attorney like me, has taken it upon himself to try to deny motorcycle club members in his city their constitutional right to wear their motorcycle club patches, and be free from harassment and violations of their constitutional rights.

I am about to file another lawsuit on behalf of a motorcycle club member who was simply riding his motorcycle home from school, when he was falsely arrested for having a completely legal plastic key chain. He sustained serious injuries in the process, and no charges were ever filed in this case by the police.

The time for shenanigans in denying and/or interfering with a class of American’s constitutional rights needs to come to an end.

You cannot arrest a man for wearing a motorcycle club patch, who has done nothing wrong, simply because you do not like the club, or you think it is funny.

You cannot simply paint all motorcycle club members as being bad or being members of a criminal street gang simply because a few of the members are bad.

If this were true, you could also say that many law enforcement agencies are criminal organizations, because they too have bad apples in their ranks. Or how about Wal-Mart, I am sure a few of their employees have done criminal acts. Does this mean Wal-Mart is a criminal organization?

Unlike many yahoo lawyers you see advertising themselves on TV, in Biker Rags, and on the Internet about how they are real biker lawyers, and how they defend bikers, I am on the front lines of these actual battles and I can prove it. I am sick and tired of seeing these fake biker lawyers going after biker and motorcyclist business with fancy ads, but with no real substance or experience. They look at bikers like a niche market. Well bikers are not a niche market. I do not see any of these lawyers who advertise that they are biker lawyers at the City Council meetings, nor do I see their lawsuits to defend bikers’ rights.

You see, we as Americans have a 1st Amendment Right under the United States Constitution to Freedom of Speech, The Freedom of Association, The Right to Privacy, etc.

What this means is that we can wear whatever patches we want to wear, we can associate with whoever we want, and we have the right to be left alone in our personal life’s to do what we want. so long as it is done within the law. If an unconstitutional law is enacted, such as one I believe to be blatantly unconstitutional, an anti-gang ordinance in Lancaster, California, then we must take legal action to protect our legal rights.

This effects all of us, even if you are not a member of a motorcycle club. You see when one person or groups constitutional rights are violated, eventually all of our constitutional rights are violated. It is important to ensure freedom for everyone.

There seems to be an ongoing and constant harassment of some motorcycle club members, simply because they are members of a motorcycle club.

The constitution strictly forbids this type of activity.

Law enforcement does have the right to enforce the laws of the State and the Federal Government, but not to harass persons just because they are legally exercising their constitutional rights.

I am hoping one day to see a time when motorcycle club members are not pulled over, harassed, and falsely detained and arrested simply because they are motorcycle club members. This kind of activity is un-American!

I look forward to reading your comments on the issue.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © July 28, 2011

Biker Lawyer Norman Gregory Fernandez, and his Brother Slider on a Motorcycle Run to the Angeles Crest Highway on June 19, 2011

I got a call today from my Brother Slider who went down today on his motorcycle.

It seems that a woman who was not paying attention, decided to make a right turn directly in front of my brother who had no chance to stop or get out of the way. He then laid his bike down and slammed into the car that turned in front of him.

Although I do many motorcycle accident cases every week, this one hit me real hard. Hell, I just rode with Slider and his old lady this past weekend up to Angeles Crest. Slider is my brother, and he is a friend.

As usual, when Slider called me today, he acted cool as if nothing was wrong. He told me about someone who had a motorcycle accident, and asked me if I could help. I said of course brother. He then told me it was him that went down. I could not believe it.

Here my brother is sitting in the E.R. at a major hospital with a broken and torn knee, road rash, and in major pain, and here he is talking as though everything was normal.

You have to know Slider to understand his coolness even while he is in extreme pain.

I went to the ER with a couple of brothers on Thursday evening to see Slider and his old lady. He is in pain, but I think he will live.

I ride with a lot of hardcore bikers, and Slider is no different, however, due to my experience in dealing with these types of cases, I know once Slider gets past the physical issues, he will have to get past the mental issues as well. Most riders that I know who have gone down, end up being much more careful and cautious riders as a result.

God please be with my brother Slider and his old lady and give him a speedy recovery.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © May 24, 2010

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

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

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

Scene of Glendale CHP Motorcycle Accident

A California Highway Patrol officer was hospitalized with major injuries Tuesday afternoon after he was knocked off his motorcycle by another driver during an attempted traffic stop on the 134 Freeway, according to a CHP traffic report.

Officer J.D Fields, 59, an Altadena resident, suffered a broken femur and wrist after the accident, which occurred around 1:40 p.m. near the intersection of the 134 and 2 freeways in Glendale.

Fields had seen a vehicle pulled over on the side of the road and moved into the right lane, put on his lights, and slowed down to approach the car.

A woman driving a 2010 Nissan vehicle was behind him and failed to see him slow down, according to the report. She veered quickly out of the lane and then “for unknown reasons,” moved back into the right lane and hit Fields’ motorcycle, the report states.

Fields was thrown from the motorcycle and onto the road. He was transported to the Huntington Hospital shortly after the accident.

The cause of the collision is still under investigation, according to the report.

This crash brings to mind a safety feature for motorcycles that I think should be implemented; a brake light that triggers with sudden deceleration of a motorcycle.

Let me explain. We, who ride motorcycles, tend to downshift to decrease our speed on most if not all occasions, before we hit the brakes.

If a car traveling fast behind us, does not see brake lights when we downshift to slow down, they do not know we are slowing down, and they rear end us.

I think that is exactly what happened in this rear ender of Officer Fields.

I have been on rides and seen motorcycle on motorcycle rear end collisions due to the same reason.

If there was a sudden decoration device on our motorcycles that triggered the brake light, I think we could save many a biker and motorcyclist lives.

For you inventers out there, maybe you can come up with something. Maybe a device like this should be mandatory for motorcycles.

It would appear that Officer Fields in the accident mentioned above, not only has a Workers Compensation case against the California Highway Patrol, and a separate Personal Injury case against the woman who hit him from behind.

The law in California is that a person driving behind another person, has a duty to maintain a safe distance from the car or motorcycle in front of them, so they can stop in case the vehicle in front of them stops. It appears that the woman is at fault in this case.

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.

By California Motorcycle Accident Attorney, and Biker Lawyer

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

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.

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