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General Legal issues that all Bikers and Motorcyclist should know about!

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

Written on December 17, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Criminal Law, Damages, Editorial, Education, General Legal, In The Wind, Medical Treatment, Motor Vehicle Accidents, Motorcycle Accidents, Personal Injury, Riding Your Motorcycle

** 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

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My Two Prong Solution to End the Political Stalemate in Washington

Written on November 7, 2011 by Norman Gregory Fernandez in Articles, Editorial, Education, General Legal, In The Wind, Just BS, Other

Lying in bed recovering from surgery has given me time to contemplate solutions to our nation’s woes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Do we have the guts to take our nation back?

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

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

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

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

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

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

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

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

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

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

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What is up with all these So-Called “Biker Lawyers” all of a Sudden showing up with Booths at All of the Motorcycle Events?

California Motorcycle Accident Attorney Norman Gregory Fernandez

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

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!

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The Constitutional Right to be a Biker and a Motorcycle Club Member

Written on July 28, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Courts, Criminal Law, Editorial, Education, General Legal, Other

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

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By Brother went Down Today.

Written on June 24, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Editorial, General Legal, In The Wind, Motor Vehicle Accidents, Motorcycle Accidents, News, Personal Injury

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

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Tags: biker attorney, biker law blog, biker lawyer, brother, california motorcycle accident lawyer, california motorcycle attorney, california motorcyle accident lawyer, california motorycle accident attorney, california personal injury, california personal injury attorney, motorcycle accident, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez, slider

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

Written on June 8, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Criminal Law, Demonstrations, Editorial, General Legal, In The Wind, Just BS, Motorcycle Safety Tips, News, Videos

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.

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Tags: biker attorney, biker lawyer, california motorcyle accident lawyer, california motorycle accident attorney, freeway, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez, sport bike, sport motorcycles, stunt, texas

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

Written on June 3, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Criminal Law, Editorial, Education, General Legal, Helmet Laws, Motor Vehicle Accidents, Motorcycle Safety Tips, News, Personal Injury, Regulations, Riding Your Motorcycle

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

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Tags: angeles crest highway, biker attorney, biker lawyer, california highway patrol, california motorcycle accident lawyer, california motorcyle accident lawyer, california motorycle accident attorney, chp, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez, route 2

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

Written on May 28, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Celebrities, Criminal Law, Editorial, General Legal, Motor Vehicle Accidents, News, Personal Injury, Wrongful Death

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

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Tags: biker attorney, biker lawyer, california motorcyle accident lawyer, california motorycle accident attorney, coverup, Detective Dawson, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez, sandy desoto, santa monica police

California Highway Patrol Officer Injured in Motorcycle Collision at the 134 and 2 Freeway Junction in Glendale; Maybe the Accident could have been avoided with a Safety Device.

Written on May 25, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Editorial, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Motorcycle Safety Tips, News, Personal Injury, Riding Your Motorcycle

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

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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.

Written on May 15, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Celebrities, Criminal Law, Editorial, Fatal Motorcycle Accident, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, News, Personal Injury, Wrongful Death

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.

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Rancho Cordova California CHP Captain Arrested in Suspected DUI Motorcycle Crash

Written on May 10, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Courts, Criminal Law, Editorial, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Motorcycle Safety Tips, News, Personal Injury, Riding Your Motorcycle

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

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Tags: biker attorney, biker lawyer, california highway patrol, California Motorcycle Accident, california motorcycle attorney, california motorcyle accident lawyer, california motorycle accident attorney, chp, Harley Davidson, ken hill, motorcycle accident, News, norm fernandez, norman g. fernandez, norman gregory fernandez, placerville, rancho cordova, robert d. patrick, sutter roseville medical center

A Truly Disturbing Motorcycle Accident Caught On Video

Written on April 26, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Criminal Law, Damages, Editorial, General Legal, Motor Vehicle Accidents, Motorcycle Accident Videos, Personal Injury, Videos, Wrongful Death

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

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California Cell Phone Hands Free Law means Hands Free!

Written on April 5, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Criminal Law, Editorial, Education, General Legal, News

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

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Tags: biker attorney, biker lawyer, california motorcyle accident lawyer, california motorycle accident attorney, cell phones, hands free, norm fernandez, norman g. fernandez, norman gregory fernandez

California Highway Patrol to crack down on bikers and motorcyclist along Ortega Highway in Riverside County

Written on March 23, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Courts, Criminal Law, Editorial, Education, General Legal, Helmet Laws, News, Noise Laws, Regulations

Overhead Image of the Ortega Highway in Riverside County

Riverside County – California

Motorcyclists committing traffic violations on the Ortega Highway in Riverside County will be the target of a six-month enforcement campaign by the California Highway Patrol, it was announced Monday.

From April through the end of September, the CHP’s Temecula office will ramp up patrols on a 33-mile stretch of state Route 74 to catch unsafe motorcyclists, according to Officer Ron Thatcher.

A National Highway Traffic Safety Administration “Motorcycle Safety Coalitions” grant will provide the funds necessary for overtime and special operations geared to motorcycle riders, Thatcher said.

CHP data from January 2007 to December 2008 indicate there were 75 motorcycle collisions from where the Ortega Highway begins in San Juan Capistrano to Green Avenue in southwest Riverside County. Twenty-five of the accidents resulted in injuries, and all were connected to speeding.

“Taking a turn too fast, a motorcyclist is likely to find himself in over his head,” said Capt. Ernie Sanchez, commander of the agency’s Temecula office.

“This stretch of highway demands concentration and caution on the part of the rider,” he said. “With this grant, we’re hoping to not only raise awareness and educate motorcyclists, but ultimately save lives and reduce the number of riders injured every year.”

The Temecula CHP will coordinate with local law enforcement agencies to conduct enforcement operations and advance public awareness efforts, according to Thatcher.

I am very concerned when I hear that law enforcement is going to single out bikers and motorcyclist for selective enforcement, especially in California.

I would like to hear from anyone who is the subject of harassment as a result of this announced policy by the CHP.

Ortega Highway Motorcycle Accident Attorney

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When a Bad Road Causes a Car or Motorcycle Accident in California.

Written on March 9, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Defective Roads, Editorial, Education, Fatal Motorcycle Accident, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Passenger Injuries, Personal Injury, Riding Your Motorcycle, Wrongful Death

Dangerous and Defective Roads Kill and Injure Many People Each Year

Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.

I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.

Some of these types of cases are utterly devastating to the victims.

I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.

The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.

If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.

If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.

If they do not reject the claim, you have 2 years to sue from the date of the accident.

If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.

Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.

I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © March 9, 2011

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