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

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

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

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

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

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

Enjoy my articles below, there are hundreds of them!

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

Category Archives: General Legal

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

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

Motorcycle Riders about to ride up the Angeles Crest Highway
Motorcycle Riders about to ride up the Angeles Crest Highway

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

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

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

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

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

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

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

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

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

California Biker Lawyer

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

Sandy Desoto killed on her Motorcycle by suspected Drunk Driver
Beautiful Sandy Desoto killed on her Motorcycle by suspected Drunk Driver

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

—–Original Message—–

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

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

To: xxxxxxxxxx

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

From: James R. Brennan <xxxxxxxxxxxxx>

Subject: Death of Sandy Desoto, May 7, 2011

Message Body:

Hello,

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

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

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

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

California Motorcycle Accident Attorney Norman Gregory Fernandez

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.

Glendale CHP Motorcycle Accident
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

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

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

Santa Monica – California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rancho Cordova California CHP Captain Arrested in Suspected DUI Motorcycle Crash

Scene of CHP Officer DUI Motorcycle Accident
Scene of CHP Officer DUI Motorcycle Accident

PLACERVILLE – California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California Motorcycle Accident Attorney and Biker Lawyer

A Truly Disturbing Motorcycle Accident Caught On Video

A Truly Disturbing Motorcycle Accident Caught On Video

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

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

My investigator Scott rides just like I do.

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

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

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

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

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

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

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

California Cell Phone Hands Free Law means Hands Free!

A Biker and Motorcyclist worst nightmare!
A Biker and Motorcyclist worst nightmare!

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

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

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

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

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

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

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

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

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

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

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

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

Overhead Image of the Ortega Highway in Riverside County
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.

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.

Ortega Highway Motorcycle Accident Attorney

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

 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

Suzuki Recalls 73,426 Motorcycles over Electrical Problem

2008 Suzuki Hayabusa
2008 Suzuki Hayabusa

American Suzuki is recalling 73,426 motorcycles built between July 2007 and September 2009 for an electrical problem.

Some regulator/rectifier assemblies were produced with insufficient adhesion between the power module (circuit board) and the rectifier case that contains a heat sink to dissipate heat. Due to insufficient adhesion, heat generated on the power module circuit board can cause the circuit board to deform and lift off the case. This condition causes excessive heat on the circuit board and uncontrolled electric current output, which can result in insufficient charging current being provided to the motorcycle battery. This can cause discharge of the battery and can lead to engine stalling and/or a no-start condition.

The models were manufactured from July 2007 through September 2009 that are equipped with regulator/rectifier assembles with the following part numbers: 32800-41F11, 32800-15H10, 32800-05H11, 32800-41G10, 32800-15H00, 32800-18H00, 32800-05G10, 32800-10G10, 32800-05H20 or 32800-06G01.

Suzuki is replacing the part free of charge on affected models.

Suzuki will notify owners, and dealers will replace the regulator/rectifier with an improved part for free. The recall is expected to begin on or about March 2.

In the paperwork filed with the National Highway Traffic Safety Administration, Suzuki said it first recognized the issue in 2008, and tried to solve the problem with its parts supplier before issuing a recall. It reopened its investigation last September after receiving more than 180 reports of failure from its American dealers.

The recall affects the following models: 2008-2009 Burgman 400, 2008-2009 V-Storm 1000, 2008-2009 Bandit 1250, 2008-2009 GSX-R600, 2008-2009 GSX-R750, 2008 B-King, 2008-2010 Hayabusa, 2008-2010 GSX650F, 2009 SFV650, 2008-2010 VL800, 2008-2010 VLR1800, 2008-2010 VZ1500.

California Motorcycle Accident Attorney

What can you do if your Lover gives you a Sexually Transmitted Disease in California?

What do you do if your lover gives you a sexually transmitted diseaseYou met someone you really like, you had sex with them, soon after you discover a lesion or something else wrong on your private parts, you go to a doctor, you find out you now have herpes. (Or worse) What can you do?

Well there are a lot of things that you can do. The purpose of this article is to discuss the legal remedies available to you if someone knowingly or negligently gives you a sexually transmitted disease. This body of law is called “Sexual Torts.”

Before I get started with this article, let me lay a foundation; first some sexually transmitted diseases are fatal, such as HIV, and Class C Hepatitis. Others such as Syphilis can be fatal if left untreated.

In California it is a felony punishable in California State Prison, for someone who is HIV positive to willfully expose another person to HIV through unprotected sex.

Many other States have similar laws.

Prosecutors  have also prosecuted people who knowingly had unprotected sex when they knew they had HIV or Hepatitis with crimes such as criminal negligence, attempted murder, battery, etc.

If any of you out there know you have HIV or Hepatitis, you should consult with an attorney in your State before you go around having sex with someone, even if you disclose the fact that you are infected or have the disease to that person.

California’s willful exposure law basically means that even with disclosure to your partner, you are still required to use protection.

California does not want you passing your disease to other people. Most other States are the same. It is a public health issue, not a privacy issue!

Now getting back to the gist of this article; what can a person do if they are infected with an STD by another person?

In a nutshell, you can report the conduct to the police, district attorney, or health department, and you can sue them for monetary damages, and potentially punitive damages for a Sexual Tort in civil court.

I deal with civil remedies.

There are two standard civil common law causes of action that normally apply to sex torts cases, battery, and negligence.

Battery would be alleged if the person who infected you actually knew they had an STD and failed to disclose it to you.

Negligence would be used if the person who infected you should have known they had an STD.

Fraud can also be alleged if the person who infected you lied to you about actually having an STD.

There have been a couple of multi-million dollar cases involving a person who was infected with an STD by another person.

In the case of deceased movie star Rock Hudson’s same sex partner, he sued because Rock Hudson had sex with him while infected with HIV and failed to disclose it. The same sex partner won a seven figure judgment, without even proving that he got infected with HIV.

In another case, a middle aged woman was infected with genital herpes by her elderly lover. He never denied having herpes, but claimed he told her. She won a seven figure judgment in that case.

There are many problems prosecuting sexual tort cases in civil court. One of the big problems is a lawsuit is only as good as the person you are suing.

If a defendant has little or no money, it can be real difficult or impossible to actually collect a judgment. Most attorney’s including myself, will not take such a case on contingency unless there is a substantial likelihood of collecting a judgment.

Look what happened in the O.J. Simpson civil wrongful death case. The families of the decedents got a 50 million dollar civil judgment against O.J. Simpson, but were only able to collect thousands on the Judgment.

What good is a judgment unless you can collect the money on it?

Unless you get a civil judgment for battery, fraud, or another type of intentional tort, the judgment can be set aside in bankruptcy court if the defendant goes bankrupt.

There is also the statute of limitations issue. In California you have two years to file suit for battery or negligence from the time you knew or should have known, that your lover gave you an STD.

I am always willing to give free consultations to victims in these types of cases to determine if a civil lawsuit is feasible.

On a human level, I suggest that all persons get tested for STD’s before engaging in sexual conduct.

If you are a person who has an STD, you should have your partner sign a written disclosure and release before engaging in sexual conduct. As discussed above, if you have HIV, you may still not be protected.

I have seen people more protective of their cars and property than their own bodies.

You must realize that there are people out there infected with some nasty diseases. Some of them have no problem having sex with you without disclosing their diseases.

There are legal remedies available to you.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © February 16, 2011

To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

California Personal Injury Attorney Norman Gregory Fernandez
California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

New State Law Targets Motorcycle Thieves

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California Motorcycle Accident Attorney

Changes to California Traffic Laws in 2011

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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