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Educational articles

What do you have to watch out for the Most when Riding a Motorcycle?

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

As a California Motorcycle Accident Attorney and Biker Lawyer, I regularly deal with all sorts of different motorcycle accident cases that are caused by all sorts of different scenarios. As an actual rider of motorcycles, something that sets me apart from other lawyers who handle motorcycle accident cases, I know firsthand the risks and dangers of riding motorcycles.

I am always asked what do you have to watch out for the most while riding your motorcycle. I could write an entire book on this subject, however, I will do my best to answer the question in this short essay.

There really is no simple answer to this question. Motorcycle accidents are caused by other negligent motorists, lack of riding experience or knowledge, road conditions, loose debris, mechanical failure, excessive speed, tire failure, weather, animals, drugs and alcohol, even medical conditions of a rider.

All of these topics warrant a lengthy discussion.

However, in my practice and in my opinion, the single largest cause of motorcycle accidents is other motorists in 4 wheel or greater vehicles, we bikers and motorcyclist call these persons “cagers.”

The largest threats to a biker and motorcyclist from a 4 wheel motorist on his or her motorcycle are; (1) A motorist turning left in front of you, (2) A motorist cutting you off or hitting you while exiting a driveway or an ally, (3) A motorist cutting you off or hitting you while coming from a side street, (4) a motorist merging into you from the side while driving next to you or near you, (5) a motorist pulling out from the curb, and (6) getting rear ended.

Among all of the motorcycle accident cases that I handle, the threats articulated above are the main causes of motorcycle accident and motorcycle accident death cases that I handle.

There are some basic preventative measures you can take to minimize the chances of you becoming the next victim of a negligent motorist while out on your motorcycle.

Beyond taking a certified motorcycle safety course, and advanced course on your own motorcycle, not driving while intoxicated, wearing proper riding attire including a DOT certified full face or modular helmet, and making sure you have a proper motorcycle endorsement, there are a few tricks I have learned throughout the years that I will share with you.

(1) Don’t ride too fast for the conditions you are in.

Most motorcycle accident happen on city streets, and within a 5 mile radius from your home. If you are on let’s say a 4 lane street (2 in each direction), there are risks everywhere. Make sure you keep your speed down so that if you have to stop or slow down quickly, you can. Remember, the faster you ride, the longer distance it takes for you to slow down or stop.

(2) Cover your brakes at intersections or when you see a risk.

Covering your brake means to put your hand over the front brake lever to prepare to use your brake. You should cover your brake anytime you enter an intersection where you see a car stopped on either side of you, or a car waiting to make a left turn in the opposite direction. Why, because already having your hand on the brake lever will give you an extra second or two to hit the brakes and to potentially avoid and accident if one of the cars drives or turns in front of you.

I know it sounds like a hassle, but if you do it everytime, it will become engrained into your muscle memory and you won’t even have to think about it in time.

Under certain circumstances, you may even want to hit your brakes while covering, to heat the them up so that you can stop faster, and to signal the car behind you that you are slowing down. The car behind you cannot see you if you let off of the throttle and use your engine to slow you down.

(3) Look at the tops of the wheels of a threatening car.

When you see a car stopped as you approach a driveway, a side street, or in the oncoming left turn lane, look at its wheels, especially the tops of its wheels if you can see them. If you cannot see the tops, look at the tire rims or hubcaps. The tops of the wheels actually move much faster than the actual car does, and it will give you an indication of whether the car is moving towards you or not. Your eyes will be able to perceive the wheels moving way before your eyes will be able to perceive the entire car moving forward. Don’t ask me why, it is just the way we perceive things.

Obviously if you are riding along and you see a car stopped at a driveway or a side street, and you see its tires moving, you better assume that they do not see you, and take evasive action. The best evasive action is to brake or stop and to not swerve because when you swerve you have less motorcycle tire contact than if your tires are straight up and down. The less tire contact you have, the more likely that you will not be able to stop in time, and/or lose control of your motorcycle and lay it down.

If you see an oncoming car in the left hand turn lane, and its tires start to turn in your direction, assume that they are going to turn in front of you, and take evasive action.

(4) Assume that other motorist cannot see you when you ride.

No matter how bright your clothing, how many lights you have on your motorcycle, how visible you think you are, no matter what you do, for some inexplicable reason, we motorcycle riders seem to be invisible to motorist in cars, trucks, or other motor vehicles. I am not telling you to try do anything you can to be more visible to other motorist, on the contrary, you should do everything you can to try to be more conspicuous to other motorist.

There have actually been studies done to understand how we human beings perceive things, and it has been found that we humans actually and not consciously selectively filter out certain things that we see for various reasons.

It seems that many people riding in cars, trucks, and other vehicles for some reason, filter us motorcycle riders out. After an accident these people swear that they did not see us, when they should have. Whether it is unintentional or not, some motorist flat out do not see us.

When you ride you have to assume that other motorist do not see you and you need to ride accordingly. If you ride as though you are invisible to other motorist, you will actually be a much more cautious and better rider.

Assume that the car in the oncoming left hand turn lane is going to turn left in front of you Assume that if you are on a two lane road with cars parked on the side that a car will pop out from the parked position. Assume that the car you see waiting to turn out of a gas station or waiting to make a right turn at the intersection will turn in front of you.

I know it’s not fair, but as a motorcycle rider, we have to be much more diligent about our own safety when we ride our motorcycles. Yes you may have the right of way, but that is not going to stop the negligent cager from hitting you and doing some major damage to you.

Exercising caution and some restraint, will make your motorcycle riding experience much more pleasurable, and above all, will allow you to make it home after your ride instead of in the hospital.

Keep both wheels on the road!

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

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What is one of the worst things that Bikers and Motorcyclist have to do?

Where are these girls when you need them? I need a motorcycle wash and wax!

Where are these girls when you need them? I need a motorcycle wash and wax!

I have been riding my ass off for the past 7 weeks or so, it has been a real blast.

Now here it is Sunday June 5, 2011, and I have a free afternoon. I went into my garage to get something out of my saddlebag. I looked at my Harley Davidson Electra Glide. Then I realized, it is friggen filthy and in serious need of a good wash and wax.

When you do hard riding like my bros and I do, your motorcycle gets real dirty.

One of the all-time things I hate doing more than anything in the world is washing and waxing my motorcycle.

With my car it is simple, I drive to a car wash and I let them detail my car. With the motorcycle it is not quite simple because there are no places to get your motorcycle washed.

You would think that living in, and riding in, the most populous motorcycle area (Southern California) in the nation, some entrepreneurial person would have set up a chain of motorcycle wash shops to make it more convenient for us bikers to wash our bikes. It has not been done yet.

So guys like me are forced to wash our own motorcycles. Don’t get me wrong, I am no sissy, but I friggen hate washing and waxing motorcycles with a passion.

In the old days when I had a basic softail motorcycle or a Jap cruiser, it seemed bad enough washing and waxing the motorcycle. It got a little bit easier using the spray on/rinse off washing solutions that did not require scrubbing.

On some occasions the spray on, no scrub wash would leave dried bugs on the motorcycle, so I would have to manually scrub a bit.

However, the waxing always sucked and there was simply no way around it.

Now that I have a bagger Electra Glide, complete with hard bags and tour pak, the job has gotten much worse.

I just took a look at my motorcycle downstairs, and it is real filthy, and I sure the hell do not feel like washing and waxing her today.

I have all sorts of cleaning supplies and such in my garage.

For the present dirty condition of my motorcycle, I will use a spray on, rinse off wash system to get the major road grime off and to clean the wheels. Then I will have to hand wash the motorcycle as well because the spray on, rinse off solution will not be good enough to get all of the grime off.

I will then use a microfiber cloth to do an initial dry off. This also serves to wipe off any additional grime that the washing left behind.

I will then use a blow dryer that I bought from JP Cycles a few years back to get most of the water off of the motorcycle. Especially the parts that tend to collect water like underneath the seat, and the bottom of the V-Twin engine and such.

Once the motorcycle is completely dry, I let her sit for about a half hour to an hour just to make sure all of the water has evaporated.

I then do a complete wax. This is the most sucky party of the whole process because it takes time to get a Harley Davidson Electra Glide all shiny with no wax streaks or residue.

The whole process takes around 2 hours to do it right.

So right now I am dreading washing my motorcycle again.

When will someone open up a motorcycle wash near where I live? I would be willing to pay a decent amount of money to not have to waste another 2 hours washing and waxing my motorcycle.

Oh yes, and usually after one ride, the damm thing is dirty again…………….

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © June 5, 2010

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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

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

Watch out for counterfeit helmets bearing DOT labels

Watch out for counterfeit helmets bearing DOT labels

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

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

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

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

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

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

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

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

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

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

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

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

California Motorcycle Accident Attorney Website

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What does a TV show like The Sons of Anarchy do for Bikers and Motorcyclist?

The Sons of Anarchy TV Show is Fictional Drama and not real!

The Sons of Anarchy TV Show is Fictional Drama and not real!

As most of you probably know, and some of you may not know, there is a TV show on the FX cable channel called Sons of Anarchy. You can check out their official website by clicking here.

The TV show is set in a fictional California town called Charming, California, and it revolves around a fictional motorcycle club called the “Sons of Anarchy.”

I have held out about writing about this show until now. The TV show has become real popular, and I think it is creating a negative stereotype for bikers and motorcyclist.

Hell I know many of the guys who work as extras on the show.

The ironic thing about the TV show the Sons of Anarchy is that it is all fiction. The show portrays motorcycle club members as murderers, gun runners, drug dealers, organized criminals, etc.

Basically the TV show portrays motorcycle club members as everything you have ever seen in bad B movies, or read about in fiction novels.

I myself have been involved with motorcycle clubs for many years, and have friends and clients in what some would consider the top motorcycle clubs in the world. I can assure you, none of them do the crap that is portrayed in the TV show.

Basically the TV show does nothing for Bikers and Motorcyclist but portray us in a bad light to the public.

Now I know that many of you are saying “geez, everyone knows this is just a fictional drama, and is not really true.” Well from my experience so far, there are actually people out there who believe that the crap they see on TV happens in real life.

What is worse, law enforcement, and main stream media perpetrate the myth that all motorcycle club members are members of outlaw street gangs that are armed and dangerous.

Although it may be true that a very small minority of motorcycle club members may commit crimes from time to time, just like members of every other segment of society, that does not mean that all members of motorcycle clubs are gang members and criminals.

You cannot lump the acts of a few bad apples onto everyone. If this were true, then Walmart or the Los Angeles Police Department could be called a criminal street gang.

TV shows like the Sons of Anarchy just help to perpetrate the myth that members of motorcycle clubs are all criminal gorillas, which in my personal experience in riding with, hanging out with, and being friends of guys in motorcycle clubs, is bullshit.

I will be frank; I actually do watch and enjoy the show. I enjoy it for what it is, fictional drama.

However, the world does need to know and realize, The Sons of Anarchy is fictional drama and not real.

I would like to hear your comments about this show. You may leave them by clicking on comments below.

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

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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

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Riding with the Right Gear

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

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

You have bought a new motorcycle, taken a motorcycle safety course and are ready to hit the open road.

What else can you do to help protect yourself? Wear the right gear – an approved helmet, face or eye protection and protective clothing.

Helmet

Accidents can happen to anyone. According to the Motorcycle Safety Foundation (MSF-USA), one out of every five motorcycle accidents results in head or neck injuries. These injuries can be reduced by wearing an approved helmet. I know they may not look cool, but they can save your life.

There are two primary types of helmets – three-quarters and full face. They provide different levels of coverage. To make sure that you get the most protection from your helmet, make sure that it meets U. S. Department of Transportation and state standards, that it fits snugly all the way around your head, and that it has no obvious defects such as cracks, loose padding or frayed straps.

Whatever type of helmet you chose, be sure to that it fastened securely while riding or it may fly off your head in an accident.

Eye and face protection

When riding, you will be faced with wind, dust, dirt, rain, insects and debris thrown up by other vehicles, you can protect yourself from these by wearing a face shield, googles, or good sunglasses. A plastic shatter-resistant face sheild will also help protect your face in the event of an accident, and goggles will protect your eyes if you’re not wearing a face shield.

To be effective, your eye and face protection must:

  • Be free of scratches
  • Be resistant to penetration
  • Afford a clear view to either side
  • Fasten securely so it will not blow off
  • Allow air to pass through to alleviate fogging
  • Permit enough room for sunglasses or eyeglasses if needed

Protective clothing

The right clothing will help protect you in an accident, as well as providing protection from heat, cold, debris and hot and moving parts of your motorcycle.

Jacket and pants should cover arms and legs completely and fit snugly enough to keep from flapping in the wind. Leather is the best protection but sturdy synthetic materials are a good alternative. Boots or shoes should cover your ankles. Soles should be hard and slip-resistant; tuck laces in so they don’t get caught on your motorcycle. Gloves will give you a better grip and help protect your hands in an accident.

Wear the appropriate clothing for the weather you’ll be experiencing. If you’re too hot or too cold, you may not be able to control your motorcycle as well.

There are plenty of things on the highway that can cause you trouble. Making sure you have the right gear will help
ensure that you have adequate protection should an accident occur.

California Motorcycle Accident Lawyer and Biker Attorney

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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

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Attorney Norman Gregory Fernandez to speak at the Sandra Day O’Conner College of Law, at Arizona State University on April 6, 2011.

California Attorney at Law Norman Gregory Fernandez

California Attorney at Law Norman Gregory Fernandez

I, along with Mark Britton the founder of Avvo, and Attorney Janelle Orsi, will speak at the Sandra Day O’Conner College of Law at Arizona State University on April 6, 2011.

You can see a flyer of the event by clicking here.

I am honored to join with the Legal Rebels project which is a part of the American Bar Association, and the American Bar Association Journal, in this event.

The Legal Rebels project’s goal is to profile attorneys who are remaking the legal profession. I am honored to be associated with this program.

The Biker Law Blog was picked at one of the top 100 law blogs by the American Bar Association Journal in 2007.

It is my opinion that there can be immense improvement in the practice of law, while maintaining strict old fashioned ethical boundaries.

It is my intent as an Attorney at Law and Officer of the Court, to make legal services accessible to all.

I enjoy speaking to fellow attorneys, and to law students who will soon be the next generation of attorneys themselves.

I believe that it is important to give back to the profession that I love as much as possible.

I will see you all at the Sandra Day O’Conner College of Law at Arizona State University on April 6, 2011.

By California Attorney at Law Norman Gregory Fernandez, Esq.

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

Dangerous and Defective Roads Kill and Injure Many People Each Year

Dangerous and Defective Roads Kill and Injure Many People Each Year

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

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

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

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

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

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

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

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

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

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

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

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

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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

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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

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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

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Is riding a Motorcycle like Riding a Bike?

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

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

You have all heard the old saying that once you learn how to ride a bicycle, you never forget how to ride a bicycle. People use this old saying in analogies all of the time to describe activities which you supposedly never forgot how to do once you learn how to do them.

Well I will tell you what, if you learned how to ride a bicycle as a kid, but then you don’t try to ride a bicycle again until you are an adult, you may be able to balance yourself on the bicycle, and you may be able to peddle the bike, and turn it, but you are not going to ride the bicycle as well as when you rode all of the time as a kid. It takes practice to re-acquaint yourself to the bicycle.

The same hold true for riding motorcycles. I have known many people over the years that think they can just get back on a motorcycle after not riding for many years, or even months, and think that they can ride just as good as they did when they previously rode the motorcycle.

This assumption can kill or maim you. If you have been off of your motorcycle for a period of years or even months, you need to re-acquaint yourself to riding your motorcycle again. I don’t care how good you used to ride, or think you used ride.

Riding a motorcycle is a precision activity. You need to be in decent physical and mental shape to ride safely, and you need to have sharp mental and physical reflexes to ride safely.

Notice I used the term safely.

If you have not ridden a motorcycle for years, and let’s say you have just purchased a new motorcycle, what should you do?

I recommend taking a certified MSF class on your new motorcycle to learn how to ride your new motorcycle, before getting on the road in traffic.

They say it takes at least 1000 miles to get used to a new motorcycle, I say it may take longer to become comfortable on a new motorcycle, especially in traffic.

Riding your motorcycle is not like riding a bicycle, if you have been off of your motorcycle for a time; you need to take it very slow and easy until you get back in the saddle so to say.

By California Motorcycle Accident Attorney and Biker Lawyer, Norman Gregory Fernandez, Esq., © February 8, 2011

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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

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If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

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