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What Goes Around Comes Around

Written on June 15, 2013 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Just BS, 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

The old saying what goes around comes around, is not just a saying, it is a fact.

I have been a biker and a motorcyclist for many years. I can recall many times where I had a problem with my bike on the road, and a fellow biker stopped and helped me out.

Bikers and motorcyclist for the most part are the friendliest and most helpful people you will ever meet hands down.

If you breakdown in a car forget it. If you breakdown on a motorcycle, chances are a fellow biker will stop and lend you a hand.

My opportunity to help out a fellow biker happened yesterday when I was going to my PO Box to pick up mail. I noticed an Electra Glide in a space, and I proceeded to park next to it.

I then saw a gentleman come out of the bank and hop on. As I got out of my car I could hear him trying to turn on his motorcycle, but it sounded like he did not have enough juice in the battery.

I walked in to get my mail. As I walked in I heard his motorcycle go click, click, click. I knew his battery was dead.

As I walked out I asked him “is your battery dead?” He responded “yes.”

I did not have any tools in my car, but I happened to have a hardcore battery charger and extension cord that I had recently used on my RV.

I told him that if he could get the seat off, I could give him a jump start. When I pulled the gear out of my trunk, he was amazed.

While he was pulling his seat off, I asked him if he has ever read my Biker Law Blog, he took a second look at me and said, “Yes, as a matter of fact, I just installed a Biketronics kit in my motorcycle, and I read about it on your blog.”

He then proceeded to thank me for what I had written, as well as helping him with his bike.

After a short time, we got his motorcycle started and he was on the road.

I have had fellow bikers and motorcycle riders help me, and it felt good to help back. It was also rewarding to know that many of you have read my articles and learned something new.

If you ever see a fellow biker broke down on the side of the road, lend them a hand. Remember, what goes around comes around.

By California Biker Lawyer and Motorcycle Accident Attorney, Norman Gregory Fernandez, © June 15, 2013

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

The Laughlin River Run 2013, a Good Time for Most

Written on May 1, 2013 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, Criminal Law, Editorial, Education, In The Wind, News, Norman Gregory Fernandez Ride Reports, Reviews, Travel

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

See you on the road.

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

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Getting settled in to the O.C. lifestyle.

California Personal Injury Attorney Norman Gregory Fernandez at age 16, before going surfing

Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.

I have moved to Huntington Beach, and my new law firm “The Moy & Fernandez Law Group,” is fully operational.

Our phone number and fax number are the same, 800-816-1529, but we have consolidated all our California pre-litigation operations into one location in Irvine, California.

So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, the pre-litigation will be handled by our competent staff in the Irvine office, while our field staff continues to come to you anywhere in the nation.

We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.

My partner Lawrence A. Moy, who has been a friend and brother since 2002 has merged his firm with mine to create a premier California Personal Injury Law firm. Together we have handled thousands of cases, and settled millions of dollars for our clients. We have many years of combined experience.

I feel sorry for the poor bastards who oppose us on cases, I give no quarter. Some lawyers say they will fight for you, we will kick ass for you.

I think we have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.

I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.

I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.

When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.

Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.

I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.

So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.

Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.

I hope you are all well.

By California Biker Lawyer and Motorcycle Accident Attorney Norman Gregory Fernandez, © March 13, 2013

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Tags: biker attorney, biker law blog, biker lawyer, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez

Had a close call on the freeway with road debris yesterday

Written on January 14, 2013 by Norman Gregory Fernandez in Articles, Brakes, Editorial, Education, In The Wind, Motorcycle Safety Tips, My Harley Davidson Electra Glide, Norman Gregory Fernandez Ride Reports, Riding Your Motorcycle, Travel

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

Yesterday, Sunday, January 13, 2013, I rode my motorcycle from Palmdale, CA to Huntington Beach, CA as the first part of my move to Huntington Beach, CA.

Since I am moving this Sunday, January 20, 2013 to Huntington Beach a distance of approximately 100 miles, and I have to drive my car on the day of the move, I had to ride my motorcycle to Huntington Beach in advance of the move because I would not be able to do it on moving day.

It has been freezing cold these past few days; there is some sort of artic cold front that has been coming through. Before daylight on January 13, 2013, temperatures were about 17 degrees where I live, and it supposedly felt like 3 degrees with the wind. Imagine how cold it would have been on the motorcycle.

I decided to not ride in the morning, but to wait until midafternoon to do the ride. It was still freezing cold, at least for a southern California guy like me.

When I got on the motorcycle, it was in the 40’s at my home, but quickly got down to the 30’s in Acton and Agua Dulce.

It was a great ride, but a freezing ride. My hands and feet quickly went almost numb. There was a very real danger of hypothermia.

While riding my Harley Davidson Electra Glide on the 405 freeway south, past the Los Angeles International Airport, at around 70 miles per hour in the Diamond Lane, the car in front of me suddenly kicked up what appeared to be the remains of a hot tub or some sort of fiberglass tub.

I quickly grabbed my front brake, realized I was going too fast to avoid it, or to swerve away from it (there was no time), so I accelerated through it and held on tight.

The debris hit my motorcycle hard on the front fairing and the lower fairing which is attached to the right engine guard. Although traffic was going fast, there were a lot of cars around.

I shook my head in utter disbelief. I have been riding on the street on motorcycles since the age of 16 and I have never hit road debris which was this bad, ever.

As I type this I am having flashbacks of the incident. I realize now that I was riding too close to the car in front of me, violating one of my own rules. Had I kept a safer distance from the car in front of me, I would have had more time to react to the debris.

I was damm lucky that my front tire did not roll up on the debris and get stuck on it, which would have caused me to crash for sure. As a matter of fact there are many scenarios with the large amount of debris that was kicked up in front of me which could have caused me to crash. Had I locked my brakes up, or swerved to avoid it, I would have surely crashed.

Luckily, I was able to power through it.

Again, keep a safe distance from the car in front of you while riding your motorcycle, because on a motorcycle there are no second chances.

I need to listen to and follow my own rule!

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, © January 14, 2013

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Tags: 405 freeway, biker attorney, biker lawyer, Huntington beach, los angeles airport, norman gregory fernandez, palmdale

Warning Do Not Buy Anything from Home Depot, You may lose your Money.

Written on June 3, 2012 by Norman Gregory Fernandez in Articles, Editorial, Education, General Legal, Other

*** June 4, 2012 Update -

I received a cryptic email from “The Retail Equation” telling me that if I wanted a copy of my return activity report to call a phone number. This was in response to an email that I sent them threatening legal action.

I called their number and talked to a rep. She wanted the last 4 digits of my drivers license number.

I asked her how she would have my drivers license information since I have not filled out any credit applications with their firm, nor did I authorize any company to give it to them. She told me that when I gave a merchant my drivers license number that the merchant gave it to them. Very interesting.

I played along. It turns out they have me down for 3 return items in 6 months, including 2 defective items. So they blacklisted me from being able to make returns at stores that use their service.

I requested to speak to a manager and was told that there was no one to talk to.

I am now contemplating a class action lawsuit, or an individual lawsuit. I will write a follow-up article very soon.

If you have been a victim of Home Depot or “The Retain Equation” I would like to hear from you, I need plaintiffs for a class-action lawsuit.

*** June 3, 2012 Update –

I reported Home Depot to the Better Business Bureau.

I also called Home Depot’s Corporate Office and spoke to a lady named Evon who opened ticket # 513849.

She told me that There is absolutely nothing Home Depot can do to resolve the problem. I asked to speak to her manager, she told me that there was nothing he could do either. She stated that “The Retail Equation” was entirely responsible for the situation. Moral to the story, DO NOT SHOP AT HOME DEPOT. IF THEY WILL DO THIS TO AN ATTORNEY WHAT DO YOU THINK THEY WILL DO TO YOU?

I sent an email to “The Retail Equation” requesting to get their side of the story before I take any further action.

Read about what happened to me below.

I am an Attorney at Law. I have been shopping in stores for over 35 years. God only knows how much money I have spent shopping.

I have spent probably tens of thousands of dollars in Home Depot over the years.

I had a little project I wanted to do over the weekend, so on Friday evening I went in to Home Depot and spent a few hundred dollars on parts.

I started my project yesterday and discovered that one of the parts was the wrong part.

I brought the part, placed in its packing, one day after purchase, back to Home Depot along with the receipt. They asked me for my ID which I thought was kind of odd.

To make a long story short, they told me that my return was rejected and they gave me a receipt type printout that has an 866 number on it to call.

Further, the printout says that I will not be able to return any items at Home Depot for the next 90 days, and that after 90 days it will be re-evaluated.

Of course, I called the number and they are only open Monday – Friday, etc.

It appears to be a 3rd party company that Home Depot is using called “The Retail Equation,” that was responsible for Home Depot not allowing me to do a valid return. I found their website at http://www.theretailequation.com/ .

Apparently retailers are now hiring this company to determine whether they will allow returns to be made at the retailer.

I have never heard of such a service or thing.

I suspect they have me on some kind of list. I know they have made a mistake, or there might be identity theft going on.

Whatever it is, can you imagine if I made a several thousand dollar purchase and this happened?

Who wants to shop at a store that may not allow you to return anything for any reason?

I asked to speak to the manager, he refused to do anything. Basically Home Depot ruined my weekend project and I may be out a hundred dollars because they are refusing to allow me to return an unopened, undamaged product which I have the receipt for, the next day.

The blatant refusal of Home Depot to return something a day later with a receipt at least to me is unheard of.

I am warning all of you here and now, not to shop at Home Depot because based upon my experience, you may get stuck not being able to return something that may be defective, or something that may be the wrong size, the wrong type, etc.

You too could get stuck holding the bag for hundreds or even thousands of dollars.

Unless this is made right, I will take my money to Lowes and to other stores. I will never set foot in Home Depot again.

Home Depot and the Retail Equation just pissed off the wrong attorney. I am going to first start off by warning all consumers not to shop and Home Depot because they may not be able to do a return.

I will then take any and all appropriate legal action against anyone involved in this fiasco so that ordinary consumers do not have to go through what I went through.

You have been warned about Home Depot.

By California Consumer and Personal Injury Attorney Norman Gregory Fernandez, Esq., June 3, 2011

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Tags: biker attorney, biker law blog, biker lawyer, california motorcyle accident lawyer, california motorycle accident attorney, Home Depot, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez, Receipt, Returns, The Retail Equation

BEWARE; You take your life in your hands at most California Indian Casinos

Written on May 20, 2012 by Norman Gregory Fernandez in Articles, Assult & Battery, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Courts, Damages, Editorial, Education, General Legal, Insurance Information, Medical Treatment, Motor Vehicle Accidents, Personal Injury, Regulations, Slip and Fall

Taking your life in your hands at California Indian Casinos

As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.

If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.

Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.

Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.

The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.

Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.

Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.

I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.

I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.

Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?

Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.

What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.

I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.

I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © May 18, 2012

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Tags: arbitration, biker attorney, biker law blog, biker lawyer, california motorcyle accident lawyer, california motorycle accident attorney, california personal injury, california personal injury attorney, indian casinos, indian tribe, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez, sovereign government, sovereign immunity, tribal counsel, tribal court

An Epidemic of Stupidity

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California Personal Injury Attorney Website

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

Written on April 25, 2012 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Courts, Criminal Law, Damages, Editorial, Education, General Legal, Insurance Information, Motor Vehicle Accidents, Passenger Injuries, Personal Injury, Regulations, Wrongful Death

California Pink slip and tear off change of ownership form sample

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

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

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

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

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

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

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

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

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

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

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

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

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

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Tags: biker attorney, biker lawyer, California Motorcycle Accident, california motorcycle accident lawyer, california motorcycle attorney, california motorcyle accident lawyer, california motorycle accident attorney, california personal injury, california personal injury attorney, change of ownership of vehicle, department of motor vehicles, dmv, norm fernandez, norman fernandez, norman g. fernandez, norman gregory fernandez

Common Factors Behind Motorcycle Accidents

Written on March 19, 2012 by Norman Gregory Fernandez in Articles, California Motorcycle Accident, Education, Motor Vehicle Accidents, Motorcycle Accidents, Passenger Injuries, Personal Injury, Riding Attire, Riding Your Motorcycle

Motorcycle accidents can be tragic as well as upsetting events.

The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.

A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.

Additional causative factors

Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.

An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.

Be careful out there when riding your motorcycle.

Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.

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.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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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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Weekend Warriors

Written on December 11, 2011 by Norman Gregory Fernandez in Articles, Cagers, California Motorcycle Accident, Editorial, Education, In The Wind, Motorcycle Accidents, Motorcycle Safety Tips, Riding Your Motorcycle

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

It has been estimated that approximately 90% of all motorcycle riders are weekend riders only. That is, they only ride their motorcycles on Saturday or Sunday only.

I am not sure how true this statistic is, because I sure see a lot of guys and gals riding their motorcycles to and from work during the week.

Hell, in some cities like San Francisco, there are hundreds of motorcycles and small scooters parked in downtown during working hours.

If the statistics are true that most people who ride motorcycles are weekend warriors, then that is a troubling statistic for me; here is why. The art of riding a motorcycle is in fact an art. The more you ride your motorcycle, the better you get at being a motorcycle rider.

Experienced riders, who take time away from riding their motorcycles, necessarily take time to become proficient riders again, and the only way to become proficient is to spend time back in the saddle.

Right now it is winter time and many motorcycle riders cannot ride their motorcycles because of the weather. They too will need to take it easy when they get back on their motorcycles when the weather breaks.

Therefore weekend warriors or people that have taken some time away from riding need to take it real easy when they get back on their motorcycles so that they can get used to riding again, even if they have taken 5 days off from riding their motorcycles in between weekends.

Another issue weekend warrior’s face is Sunday drivers; even Saturday drivers are Sunday drivers. What is a Sunday Driver? A Sunday driver is a driver of some kind of cage such as a car, truck, SUV, etc., that rides around on the weekends with their family in the vehicle, distracted by a family outing, and not paying attention for people riding motorcycles.

Therefore weekend warriors more than most motorcycle riders, need to take it real easy on their motorcycles. Do not speed, pay attention for cagers about to turn in front of you, and realize that your riding skills take time to come back after a 5 day absence from riding.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq. © December 11, 2011

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Riding your Motorcycle around Curves and Turns without Killing Yourself

Written on November 19, 2011 by Norman Gregory Fernandez in Articles, Brakes, Cagers, California Motorcycle Accident, Defective Roads, Editorial, Education, In The Wind, Motor Vehicle Accidents, Motorcycle Accidents, Motorcycle Safety Tips, Personal Injury, Riding Your Motorcycle

California Biker Lawyer Norman Gregory Fernandez riding around a curve on Mulholland Highway

Many motorcycle riders are seriously injured and die each year when they fail to negotiate turns or curves, and either end of in the opposing lane of traffic, or they lose control and crash.

It is unbelievable to me just how many experienced riders sometimes fail to properly negotiate turns or curves on the road, especially when riding canyon roads, or twisties.

What is the main reason for motorcycle riders failing to negotiate curves or turns? Excessive speed is the main reason.

If you ride too fast through a curve or turn, chances are you are going to either end up in the opposing lane, or you are going to crash.

What is the main way to avoid crashing on a curve or turn? Slow the hell down!

Many motorcycle safety courses teach that you should slow down before you enter a turn or curve, and never to brake or downshift while in a curve or turn. I say bullshit.

Look I have been legally riding motorcycles on the road for 32 years, since the age of 16. In my own personal experience, sometimes it is hard to judge if you are entering a curve or turn too fast.

If you have entered into a turn or curve too fast on your motorcycle, you need to do anything you can not to panic, not to cross over the yellow line into opposing traffic, and not to crash.

My rule is that if you are in a curve or turn too fast, do what you have to do to safely get through the turn or curve. If that means hitting the brake, do it. If that means downshifting, do it.

I have ridden with guys who absolutely refuse do brake or downshift in a turn or curve. I have also seen these guys both in front of me, and in my rear view mirror cross the yellow line into oncoming traffic. Thank goodness none of them have ever crossed the yellow line when a car was right there or they would have been a windshield bug splat.

They teach you in motorcycle safety courses that before you enter a curve you should direct your motorcycle to the farthest part of the lane away from the turn so that you can theoretically see around the turn more.

For instance if you are going into a left curve they say you should direct your motorcade more to the right so that you can see around the left curve, and if you are going into a right curve you should direct your motorcycle more to the left so you can see around the right curve.

They teach that you should not look at the road, but that you should look around the curve to where you are going and that your motorcycle will tend to go where you are looking.

Some say that you should put your knees close into the tank to help you get around the curve, and some say that you should concentrate on counter-steering to properly get around a curve.

I say they are all right to a certain extent.

However, when you are actually riding your motorcycle, you will find that you will at times have to look at the road and not just where you want to go when going around a curve, you will find that sometimes it is not safe to go to the farthest part of the lane away from a curve because of oncoming cars or debris on the shoulder, and you will find that concentrating just on counter-steering is sometime dangerous.

In the end the safest thing to remember when going around curves is to keep a safe speed period.

The one thing that will make you panic or feel uncomfortable more than anything when going around a curve whether it be on a mountain pass or on a highway curve is excessive speed.

If you first let off of the throttle, you motorcycle will naturally start to slow down because of the action of friction and the engine.

If you are still going to fast don’t be afraid to apply a little front brake, but not too much because you may lose control. I like to apply both front and rear brakes.

If the turn is wet applying too much rear brake may make you slide out.

If you are still going too fast, downshift into a lower gear if you can safely.

If there are cars or other motorcycles behind me, and I am downshifting into a lower gear to slow down, I also try to tap my brake a bit just so the persons behind me can see my break light so they don’t rear end me.

Even with plenty of practice and riding experience, riding through turns and curves requires current practice and experience.

The worst riders are sometimes the people with the most experience because they think they are the great riders so they sometimes do not exercise the caution that they should.

Riding a motorcycle is not like riding a bike. Each time you are out, you need to exercise caution and ride at a safe speed.

Keep both wheels on the road.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © October 19, 2011

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Is the Sons of Anarchy TV Show a Biker Soap Opera?

Written on November 17, 2011 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Just BS, Other

I saw a comment from one of my Facebook friends wherein he stated that he just got through watching “Days of our Sons of Anarchy” which was a jab at the popular TV show Sons of Anarchy, comparing it to the “Days of our Lives” women’s soap opera on TV.

Unfortunately, I will admit to watching the TV show since the beginning.

I have been in motorcycle clubs, plus some of my friends are extras on the show playing both Sons and Mayans.

At least for me the bottom line is that the TV show has become, and probably has been nothing more than a biker soap opera the entire time.

One of my good friends, who has ridden in a club with me and who some would consider to be a hardcore biker called me last week after one of the shows to discuss a specific thing that happened in the show. He was dead serious about the issue.

It reminded me of my mom many years ago, discussing General Hospital with one of her friends.

In the back of my mind I was laughing. Here is this hardcore biker dude calling me about something that was shown on the Sons of Anarchy TV show.

The TV show only shows a trivial amount of actual riding on motorcycles. It does show a bunch of guys running around with cuts on, but all in all, the TV show is designed to keep you wanting to come back and watch some more.

The Sons of Anarchy TV show has no basis in biker reality other than the fact that there are dudes on the show wearing motorcyle club patches and who ride motorcycles from time to time.

Hell the only reason I have watched it this long is because my Digital Video Recorder (DVR), is set to record the show each week.

One interesting thing that I have seen as an outcrop from the Sons of Anarchy TV show is a bunch of guys riding around with Sons of Anarchy t-shirts that look like soft cuts, (a soft cut is a shirt that has a motorcycle club patch printed on the back and that can only be worn by members), and even guys wearing Sons of Anarchy cuts. (a cut is a leather or denim vest with a members motorcycle club patch on it only for members)

I have even seen purported Sons of Anarchy motorcycle club chapters popping up all over the nation.

These guys do not realize that there are real motorcycle club members worldwide who worked very hard to earn their motorcycle club patches, and they may not be too kind to a guy that sticks on a Sons of Anarchy patch that was purchased off of eBay, to make him look like a real motorcycle club member.

If you watch the TV show, fine, however, don’t be stupid enough to show up at motorcycle events with Sons of Anarchy soft cuts or real cuts, you may get yourself into trouble with real deal club members.

I have seen another new trend on the internet, and in real life, there are a bunch of new riding clubs and motorcycle clubs popping up because of the TV show.

I have seen one group in particular that I will not name, wearing cuts with front name badges, side rockers, the works. They only have one a one piece patch in the back, but the color of their patches is the same as the guys on the TV show.

I think it is a big mistake for these guys to be wearing cuts the way they are. I would not want to be anywhere near them when they get confronted by a real motorcycle club.

If you are not in a real and recognized motorcycle club, you should not be putting on club patches and pretending you are in a real club. It can only lead to trouble.

On one last note, in all my experience riding with and dealing with motorcycle clubs throughout the years, I have never seen anything go on like what goes on in the TV show.

So there it is, the next time you watch the TV show Sons of Anarchy, remember, you are watching a soap opera.

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

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Long Distance Motorcycle Riding; how do you Carry What You Need?

Written on November 13, 2011 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Motorcycle Product Reviews, My Harley Davidson Electra Glide, Norman Gregory Fernandez Ride Reports, Other, Reviews, Riding Attire

One of California Motorcycle Accident Attorney Norman Gregory Fernandez's motorcycles all packed up for trip to 4 corners rally in Durango Colorado

I have been a serious long distance motorcycle rider for many years now. You may ask what is a long distance motorcycle rider. To me a long distance motorcycle rider is someone who rides 800 or more miles on a motorcycle trip multiple times a year.

So according to my definition, even a first time rider who does a few 800 mile or more motorcycle trips per year would qualify as a long distance motorcycle rider.

I regularly do trips of 1000 miles or more like they are no big deal.

I know many guys who are bikers, and what some would consider to be hardcore bikers, that literally do nothing but bar hop on their motorcycles. To them doing 300 miles in a day is unheard of. Further, many of these guys have motorcycles that are in no way set up to do any serious mileage.

Most of these guys do not have saddle bags, and brag about how they do not need wind screens.

I am not going to knock these guys that are basically local bikers, but they really have no clue what it is like to be a long distance biker.

There are also what I call your ubiquitous trailer queens. These are guys that trailer their motorcycle to events, and then unhook them and ride at the actual event, making it appear that they rode to the event. This article not about packing up your car, it is about packing up your motorcycle.

Unless you are doing an Iron Butt Ride which is 1000 miles in a 24 hour period, (basically nonstop riding except to stop for gas and quick meals) a 1000 mile or more motorcycle trip will be a trip that is at least a 2 days or more.

I have done runs that last a week or more.

The big issue for me on long distance motorcycle trips is; what should I carry on the trip, and how should I carry what I need on the trip.

For me what to carry with on long distance motorcycle runs is almost automatic. I carry:

Water
Sunscreen
Flashlight
Small Tool Kit
Knife
1 Quart of Oil
Flare
Lighter
Sunglasses, and clear night glasses
Warm weather and cold weather gloves.
Leather Jacket
Leather Chaps
Spare clothes
Tennis Shoes
Emergency Contact Form
Cell Phone
GPS
Fine cotton cloths
Spray Wax
Plexus windshield cleaner
And whatever else I may need.

When I go on long distance motorcycle runs at least for the past 11 years or so, Elizabeth has been with me. Therefore inevitably, I also have to carry her purse, gloves, jacket, chaps, and whatever else she might want to bring as well which always includes her makeup and cloths.

In the past when I just had a softail or regular large cruiser motorcycle and no bagger, (see the picture above, the motorcycle is packed up to the brim, with tents, chairs, and everything for a full motorcycle rally.) my solution to accommodate all of the stuff that I like to carry, was to first to buy soft saddlebags, or a locking rigid saddlebag system, install a luggage rack behind the sissy bar, and buy a T-Bag soft luggage system that sat on the luggage rack behind the sissy bar, and then secured around the sissy bar.

The locking saddlebag system, called Leatherlykes Bags, was better than soft saddle bags, because they were bigger, and I could lock the bags and walk away without worrying about being ripped off.

I used the soft T-Bag motorcycle luggage system on a couple of my motorcycles. After a few years, I switched from the T-Bags, to something called the Kuryakyn Full Dresser Bag, when they first came out. This bag had a rigid plastic shelving system in it, held more stuff then the T-Bags, and actually looked better as well. Not only that, but it had a wheel system on it like conventional luggage so when I got to a destination, I could lift it off, and wheel it in.

I used this system a few times on my FLHT Electra Glide Standard when I got her, but once I put the removable Tour Pak on; there was no room for the Full Dresser Bag.

For 6 years with the Electra Glide we would use plastic bags to fill up the side hard Harley Davidson Saddle bags, and the Tour Pak. We would also utilize the luggage rack on top of the tour pak to bungee tie our leathers as necessary.

I eventually went back to T-Bags and got a Dakota bag which is specifically designed to fit the premium luggage rack on a Harley Davidson Electra Glide Tour Pak.

The Dakota Bag is so big, that it pretty much holds everything we need. Obviously there are some items that will not fit in the Dakota, so we continue to keep small plastic bags in the hard side saddle bags.

The Future

Liz and I are talking about riding cross country this summer. I figure on a cross country run we are not going to want to have to constantly lift the Dakota Bag off everytime we stop, and we are not going to want to have to park in a place where we can see the bike everytime we stop so someone does not rip off our Dakota bag.

So after doing some research, I have found a motorcycle tow behind cargo trailer solution that I may purchase and use for our cross country trip on the Electra Glide.

I can get a cargo trailer that holds anywhere from 18 cubic feet of stuff, up to 25-26 cubic feet depending upon how much I want to spend, or how big I want the trailer to be.

I would need to install a motorcycle ball hitch onto my motorcycle for the trailer to hook onto, and rig up a wiring harness for brake and signal lights on the trailer.

It looks like there are many off the shelf trailer solutions for my Harley Davidson Electra Glide.

A cargo trailer at least to me would be the optimum way to travel cross country on a motorcycle, because we can just throw everything we want to take in the trailer, plus there will be room to store souvenirs if we decide to buy any along the way.

The trailer will take away the fun of trying to cram everything into a few small spaces on the motorcycle.

Even with a full Harley Davidson Electra Glide Custom Ultra, things can get tight real quick.

On a cross country trip I want to be able to enjoy the ride and the sights, without worrying about having to wash clothes every couple of days on the road.

There are many out there that say towing a cargo trailer behind a motorcycle is dangerous. Based upon my research, it can be done safely so long as you get used to it and take it easy just like anything else.

In closing, I have found that rigid saddlebags, a nice luggage rack mounted soft or rigid motorcycle luggage system, tour paks, and cargo trailers, all will allow you to carry the things you need on a long distance motorcycle run. What you do is really up to you.

Keep Both Wheels on the Road.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © November 13, 2011

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Have a Happy Veterans Day, 11/11/11.

Written on November 11, 2011 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Other

California Motorcycle Accident Lawyer Norman Gregory Fernandez sitting in a Helicopter on the Flight Line at Sheppard Air Force Base, June 1981

Each year I wish all of my fellow veterans, both past and present a Happy Veterans Day.

You can read my many articles by typing in Veterans Day on the search box on the upper right.

This year is a special veterans day. President Obama has announced that we will officially be out of Iraq by year’s end which is great news. We lost a lot of men there, and many tens of thousands more were severely injured and/or have suffered from Post-Traumatic Stress Disorder (PTSD) as a result.

Our men are still fighting Taliban and insurgents from Pakistan in Afghanistan as I write this article.

Further, this year we finally got the asshole Osama Bin Laden and dumped his ass into the ocean where he belongs. We also got the asshole Anwar al-Awlaki and a whole bunch more of those Al Qaeda assholes.

With our help and the help of NATO, Libya’s Kaddafi is no more.

However, our nation is facing some major challenges in the upcoming years. The U.N. has finally acknowledged that Iran has been lying about its nuclear program, and in fact is trying to develop a nuclear weapon, which may mean we might have to take out Iran, and Communist China is building its military and space capabilities with our money.

In the end there may be more wars in store for our nation.

At least for now there are many veterans who are coming home to find that they cannot get jobs, and their benefits are being cut and/or are non-existent. This to me is a travesty.

There are many other veterans who are homeless on our streets, and who have become addicted to drugs and alcohol as a result of having to deal with the nightmares they went through on our countries behalf.

There are many others that have suffered horrible injuries that will haunt them for the rest of their lives.

It’s time for us as a people to step up and do more for our veterans than wish them a happy veterans day, it is time to actually help them out and show them that we love them and honor their service.

I am asking all of you to donate money to a reputable veteran organization this day.

Happy Veterans Day!

By U.S. Air Force Veteran, and California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © 11/11/11

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