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

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

California Motorcycle Accident Attorney Norman Gregory Fernandez

California Motorcycle Accident Attorney Norman Gregory Fernandez

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

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

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

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

Enjoy my articles below, there are hundreds of them!

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

Category Archives: Cagers

Articles related to persons driving in a 4 wheel vehicle, or other motor vehicle such as a car, SUV, pick-up truck, bus, big rig truck. These persons are normally referred to by bikers and motorcyclist as CAGERS

Alvaro Horacio Arroyo, killed in a motorcycle accident; Rest in Peace.

Alvaro Horacio Arroyo

Alvaro Horacio Arroyo on right, pictured with his mother 20 minutes before he was fatally injured in a motorcycle accident

On March 30, 2013, Alvaro Horacio Arroyo, was enjoying a day with his family.

He is pictured here on the upper left with his mother just 20 minutes before he was fatally injured in a motorcycle accident that was caused due to a negligent elderly person who made a left turn in front of him.

He was the jovial father of four sons, Alvaro – age 13, Alessandro – age 9, Ali – age 7, and Alden – age 2.

He was a loving husband to a blind and disabled wife Rosa.

He was a loving brother to Marisa, Nancy, Hector, Elmer, and Jesse.

He was a loving son to mother Agripina.

Alvaro was known as a kind and jovial person; the kind of person who made friends with everyone. He was the kind of person who made everyone laugh, and who everyone wanted to be around.

He was a role model to his children, and never balked at lending a helping hand to anyone that needed it, most of all his family.

On March 30, 2013, Alvaro decided to take his niece Bianca, for a ride around the block on his 2012, Yamaha YZF R6 motorcycle.

Bianca happened to be the primary caregiver for Alvaro’s disabled wife Rosa, and is herself also married with kids.

On that fateful day on March 30, 2013 as Alvaro and Bianca went for a short ride around the block where they lived, a car driven by a careless and  negligent elderly person turned left directly in front of them.

Having no time to react or maneuver or stop, they hit the vehicle.

Alvaro suffered massive head trauma and died of his injuries on April 5, 2013.

Bianca suffered severe injuries to her right leg, and the right side of her face which required multiple surgeries to both.

Her recovery will be slow and painful and she will need much more medical treatment and therapy to recover.

Rosa and Bianca now both need help living day to day, as well as their children.

The children of Alvaro and Bianca are suffering untold emotional distress, and at their young age do not really full comprehend the tragedy that has happened to the family simply because a negligent driver was not paying attention to what they were doing while driving.

Alvaro was a registered organ and tissue donor. With his wife’s approval, Alvaro’s organs were donated in an attempt to save other people’s lives. One Legacy he leaves is that he has helped other people to live by donating his organs.

This tragedy has left Alvaro’s family with no money to live.

They are in extreme need of help. The family is accepting donations through their PayPal account at:

lupiruz@msn.com

To make a donation simply go to PayPal by clicking here, and send your donation to email address:

lupiruz@msn.com

You can also send donations to the family at:

Alvaro Arroyo Family Trust Fund
The Moy & Fernandez Law Group
2102 Business Center Drive
Irvine, CA 92612

Services for Alvaro will be held at:

Forest Lawn Cemetery
1500 E. San Antonio Dr.
Long Beach, CA 90807

Visitation service and viewing will be:

Friday, April 19, 2013 5:00 pm – 9:00 pm

Memorial and Funeral will be: Saturday, April 20, 2013 2:00 pm

Rest in Peace Alvaro…………..

Norman Gregory Fernandez, Esq.

Former Police Officer Gives Tips on Motorcycle Safety

Motorcycle riders listening to safety semiar in Orange, California

Motorcycle riders listening to safety semiar in Orange, California

Motorcycle riders gathered on Saturday afternoon in Orange to hear safety tips from a former police officer.

Retired Orange police Cpl. Mark Camarillo led a seminar, “Smarter Safer Riding and How to Avoid a Traffic Citation,” at Irv Seaver Motorcycles

About 100 people sat and stood inside the dealer’s future service shop at 607 W. Katella Ave. for the seminar.

Camarillo told the crowd to use hard stopping, use common sense, to always use a turn signal, know the speed limit and also to ride defensively.

“I want to go home to my family every single night,” Camarillo said.

He also told the motorcycle riders to hold with the speed limit – plus or minus 5 mph.
“I fight the urge to ride aggressively,” Camarillo said. “It gives you time to react and time to stop. It’s less stressful on yourself. (Speeding) creates stress you probably don’t realize is happening to your body.”

He explained riders – and drivers – should always look left, right and left again at every light.

“It’ll save your life,” Camarillo said. “It gives you a chance to look back. That is a crucial thing to do.”

Since retiring from the Orange Police Department, Camarillo said he rides a BMW motorcycle and that people drive differently now that he’s not on a black-and-white.
“I get tailgated now, and I never got tailgated before. I wonder why?” he joked with the audience.

Many audience members said they didn’t know prior to the presentation that it was legal to turn left across a single double-yellow line, including Jennifer Chung and her son Kyle Tran, 15, of Westminster. The two were curious to listen to tips originating from a former police official. For Chung, riding is a family affair. She often takes her son on the back of her Kawasaki Ninja.

“A presentation such as this is always of interest to BMW drivers,” said Larry Troffer of San Clemente.

“If there’s anybody that can provide me some suggestions, I’m always interested,” said Bill Reitz, president of the BMW Club South Coast Riders. The group boasts 99 members and holds meetings once per month followed by a 65- to 100-mile ride.

Camarillo also said the Ortega Highway is the deadliest route, accompanied by Santiago Canyon Road.
He told the target audience that driving on the line between the lanes – known as lane splitting – is unsafe but legal. He suggested driving only 10 mph faster than the speed of traffic when splitting lanes.

“If traffic is doing 30 miles per hour, should i split it at 40? Why? I’m not getting there faster,” Camarillo said. “Everybody has to decide whether it is worth it or not.”

Owners Evan and Lois Bell of Irv Seaver Motorcycles are bike aficionados. This year, they celebrate the 100th anniversary for the business.

“Our most wonderful vacations have been on motorcycles,” Lois Bell said. The two have ridden through Europe, South America, South Africa, New Zealand, Ireland, Japan and Germany.

“If those individuals listened, it probably saved some lives,” she said.

  • Motorcycle safety tips
  • •Use sound judgment.
  • •Drive the speed limit – plus or minus 5 mph.
  • •Practice hard stopping.
  • •Always use your turn signal.
  • •Avoid getting grease, oil or diesel fluid on your tires.
  • •Know the speed limits.

Orange California Motorcycle Accident Attorney Website

Weekend Warriors

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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

Riding your Motorcycle around Curves and Turns without Killing Yourself

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

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

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

Even Experienced Motorcycle Riders Need to Be Careful Riding!

 

Norman's Harley Davidson Electra Glide in the NBC Parking Lot before action shots were taken

Norman's Harley Davidson Electra Glide in the NBC Parking Lot before action shots were taken

Well it has been 40 something years since that sunny summer day in the sixties when my dad first put me on a mini-bike in the fields behind the housing development where we lived at the time.

I have ridden some form of motorcycle ever since.

I will admit that from time to time, especially when I was in my teens, and early 20’s, I was not so concerned about motorcycle safety.

Since becoming an attorney who handles motorcycle accident cases all over the State of California, and becoming a recognized expert on the subject of motorcycle safety, I figure I am really careful at least 99% of the time. The other 1% of the time I do foolish things like maybe crack the throttle and go real fast, or wear no helmet in States that have no helmet laws; stuff like that.

Well today I did a bonehead thing that could have cost me my life.

You see I have been to NBC studios twice in the last few weeks to be interviewed by an Emmy award winning news producer and her team, and to have action shots taken of me on my motorcycle. I am not going to go into any detail with regards to this piece, until it airs so don’t ask.

Today was the action shot day. So I woke up early, suited up, and rode my motorcycle to the NBC studios in Burbank. Hell I went straight to the A lot today, that is where the insiders get to park.

Anyway, back to the subject of this story. It was a real hot day today. It was in the 100’s. It was so hot that I had a gallon jug of water in my tour pak, and when I got home it was hot.

So as I left the NBC studios, the Alameda on-ramp to the 170 freeway was closed so I had to take a detour. I ended up on Lankershiem Blvd. in North Hollywood.

I got into a left hand turn lane behind a big ass truck that had multiple cars in front of it.  This was on old fashioned light with no green arrow. If you are lucky two cars can turn when the thing turns yellow.

The light turns green and nothing. We did not move. It was over 100 degrees, I had long sleeves on to protect myself against the sun, and I had a full face modular helmet on.

I knew if I sat at this light another cycle, I would start to severely overheat the way I was dressed. I decided to move into a traffic lane to the right, flip a U turn, and make a quick right.

Well this is where my life almost ended. I looked in my rear view mirror, did not see anything, and then flipped into the traffic lane to the right. Just as I got into the lane, there was a friggen car right there. In other words, I cut off a car that was doing at least 35mph, on my Electra Glide. Had the guy not been paying attention, had he not hit the brakes, had I not accelerated like a bat out of hell, I would have been toast on the hot pavement.

I fucked up and I know it. When I went to flip a U turn the guy passed me and gave me a hand signal which means “what the fuck” He put his hand out the window with the palm facing up. If you saw it, you would know what it meant. Anyway………….. Right after the incident, I thanked GOD for keeping me safe. I pray that way from time to time.

I analyzed what happened on the long hot ride back home. The first fuckup was that I was in too much of a rush to flip into the lane.

We riders of motorcycles do not get second chances like I got today. I was lucky. Next time I won’t be so lucky.

I should have not relied exclusively on my mirror; I should have turned my head to make sure the coast was clear.

A simple turn of your head can save your life.

The second thing I realized was that even though I feel that a full face helmet is the way to go for safety, it has an inherent flaw; it takes away your peripheral vision. Had I not had a helmet on, I may have seen the car. Then again, if the car had taken me out, I would have rather had the helmet on.

What lessen did I learn today that I am passing on to you; turn your head when changing lanes, don’t just rely on mirrors, turn your head, and take your time.

Yes it may be a little hot, or you may have to wait at a light in 100 degree weather. However, this inconvenience is better than ending up frying on the pavement in a pool of blood.

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

What do you do with your hands if you are stopped by the Police!

what to do if you are stopped by the police. **** 5/16/10 Update: Officer found guilty in shooting of sitting biker, see below for link.

**** 5/12/10 Update: See Video of shooting victim testifying in Court below.

When you are stopped by the Police in your car, on your motorcycle, or other motor vehicle, it is usually because the police think you have done something wrong.

It is very important that you keep your hands visible to the police officers for various reasons, the most important of which is so that you do not get shot or tasered.

Here is a link to some very disturbing video of a man being shot by the police while sitting on his motorcycle; click here to see video and story. The police officer is facing felony charges. The man who was shot is paralyzed as a result.

YouTube Preview Image

The police officers defense attorney is arguing that the police thought that this man had a gun. Judging by the video, it looks like a cold blooded shooting that was unjustified, however if you put yourself in the officers shoes, how did he know for sure that the biker did not have a gun when he turned toward him? If you were a cop, what would you do under similar circumstances?

I for one, sure the hell do not want to be the victim of a shooting such as this; who does?

There are a few things you can do to ensure that your encounters with law enforcement are safer for you and for law enforcement.

If you are in a car or other enclosed vehicle, turn off you ignition, place your car keys on the dash board, and keep your hands on the steering wheel. If the officer asks for your license and registration, ask the officer if it is ok to remove your hands from the wheel, and tell him where you are going to reach to get the information he or she is requesting. Once you get the information, put your hands back on the steering wheel until allowed to leave by the officer.

If you on a motorcycle, turn off the motorcycle, put you hands on the handlebars, and wait for the officer to approach. Do not remove your hands from the handlebars until the officer asks for your license and registration, at which time ask for permission to remove your hands from the handlebars, and inform the officer where you will be reaching.

In either case, do not exit your vehicle unless asked to do so, and do not get off of your motorcycle unless asked to do so.

I know many of you are thinking that having to do this is plain wrong. The purpose of the above exercise is not being right or wrong; it is to protect your life by assuring the police that you are not a threat.

I am not sure if this above procedure would have prevented the shooting of the guy on the motorcycle in the video, only god knows.

Officer found guilty for shooting, click here for story.

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

What is Causing the recent Rise in Motorcycle Accident Deaths?

Researchers will Study Motorcycle Crash Causes and Prevention.The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.

Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.

Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.

The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.

The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.

Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.

The Federal Highway Administration will fund a study by Oklahoma State University’s Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.

The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.

The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.

Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.

The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.

Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.

The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.

If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!

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

Motorcycle Safety Message Appearing on Signs all over California.

California Electronic Sign with Motorcycle Awareness Message

Electronic Sign along California Freeway

Some of my readers have reported seeing motorcycle safety messages on signs all over California. This intrigued me so I looked into it.

It appears that it is true; the California Highway Patrol has started a campaign to make motorists more aware of motorcycles. The message, “Share the road, look twice for motorcyclists,” is being shown on over 700 electronic signs across the state.

I along with probably tens of thousands of California motorcyclists, applaud the California Highway Patrol, the Office of Traffic Safety and Cal-Trans for recognizing the importance of motorcycle safety, and for utilizing this very effective medium to promote highway safety.

I hope that these signs will continue to be used to display motorcycle safety messages. I think that these messages being shown to literally millions of motorist all over California will make everyone more aware of motorcyclist, and may even create some cognitive behavior changes in cager’s reactions to motorcyclist. Who knows?

On a stretch of the 405 freeway, where just one of the hundreds of signs is located, it’s estimated that 250,000 vehicles pass through every day.

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

Let’s Talk Real No B.S. Motorcycle Riding Safety; The Two Most Important Safety Items.

Norman Gregory Fernandez, Esq.

California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez on the road.

First off let me start off by stating that I do not advocate mandatory helmet laws or anything like that. I feel that each motorcycle rider should have the right to wear whatever they want to wear while riding. The advice I am giving in this article is just that, advice. You can and will ultimately do whatever the hell you want to do. However, if this article helps someone be safe while riding a motorcycle, then so be it.

I personally think that the two most important things you should wear while riding a motorcycle are; a good helmet, and a good leather jacket. Let me explain.

Now I know that there are other what I consider to be mandatory motorcycle safety items that should be worn, such as gloves, boots, leather or heavy jean pants, etc., however, this article is about what I consider to be the two most important safety items.

I am a California motorcycle accident attorney. I handle motorcycle accident cases, and other types of personal injury cases for a living. I also happen to be a biker and a motorcyclist who rides a significant number of miles each year on my Harley Davidson Electra Glide.

I have seen a marked increase in the number of motorcycle accidents, and a substantial increase in motorcycle deaths in the past decade. Furthermore, it has been reported by many different sources that there has been a tremendous increase in the number of motorcycle accidents and motorcycle accident deaths in recent years. I am sure these all have to do with an increase in the number of motorcycle riders on the road.

Knowing this, I can think of a couple of things I would not like to happen, god forbid if I do go down. I would like to keep the grey matter between my ears inside of my skull instead of being splattered all over the road, I would like to keep my face, and rather than having all my skin rubbed off by the pavement, I would rather a leather jacket be the one that gets the brunt of the punishment.

Look we all know that wearing a helmet is mandatory in California and some other States. I for one don’t care if there is a law or not, I wear a full face modular helmet when I ride, and I suggest that you do the same. This is not rocket science; it is about surviving a motorcycle accident. It does not take a genius to figure out what happens when your head or face meets the pavement at 70 miles per hour; the pavement wins.

There is virtually nothing better to protect your upper body from a fall than a good heavy leather jacket. If you go down, it may still hurt, but the leather will take the brunt of any road rash. They even sell lightweight armor that can be worn under the jacket or inserted into the jacket. I know, sometimes it is too hot to wear a jacket, or you want to look cool. Well it is not cool to have permanent road rash scars all over your body just because you decided not to wear the jacket, or suffering as your skin heals from road rash.

We who ride motorcycles know two things, it is not a matter of if we are going down, it is a matter of when; and we sure the hell do not want to go down. I myself have been down 3 times in the past. God was with me, all of my mishaps were minor, and I only suffered minor injuries in two of them.

I have been involved in numerous close “scary” calls while riding, and if you are a motorcycle rider, you have been too. It is just the nature of the beast.

Once at the Palm Springs Biker Rally in 2000, I was only wearing a sleeveless T-Shirt, when I went down at low speed. It hurt, and caused some minor road rash on my left side where I laid it down. That small amount of road rash hurt like hell. Imagine what losing multiple layers of skin feels like; I sure don’t want to feel that. Wear a friggen leather jacket.

You can take this article as you will. Unlike some other poser fake biker lawyers, and motorcycle accident attorney’s out there advertising that they handle motorcycle accident cases, when they don’t actually ride motorcycles, or have any clue whatsoever about the issues related to riding a motorcycle and being a biker, I am the real deal. I, just like you, am a biker and a motorcyclist.

I will be here for you if you need me after a motorcycle accident; however, I would prefer to see fewer injuries because you were smart and were wearing proper safety equipment.

By California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., ©2009

This Luckiest Guy on Earth or is He Plain Dumb.

I am posting a video of a motorcycle accident that happened in Greece, below. It is amazing footage of an actual motorcycle accident. Based upon what I am seeing in this video, the guy is lucky to be alive. He could have suffered massive internal injuries, broken bones, brain injuries, or death.

I cannot tell for sure from the video, who was at fault in the accident, because the video does not show the status of the traffic lights or other factors. However, I think it is safe to say that the guy on the motorcycle probably had a green light and was nailed by a cager who ran the red. If there is anyone on here who can decipher what is being said in Greek, please post a comment and tell us what is being said.

I am not posting this motorcycle accident video just for the sake posting it. I am posting it to show you what as a biker lawyer and motorcycle accident attorney I hate to see more than anything, a rider who does not ride with proper attire. What is this guy thinking? He has no leathers on; he is riding his motorcycle while wearing tennis shoes, shorts, t-shirt, and no helmet. He should have denim jeans or leather on, including a jacket, boots, gloves, and if it were me, a helmet.

You be the judge.

YouTube Preview Image

By California Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2009

A Couple of Motorcycle Accidents in California Caused by Negligent Cagers.

The scene of a fatal motorcycle accident in Gilroy, CaliforniaDUBLIN – California

The driver of a white BMW 2004 linked to a hit-and-run accident Monday evening on northbound Interstate 680 has turned herself in, according to the California Highway Patrol.

Sobhanieh Mostakhdemin, 25, of San Mateo, turned herself in Wednesday afternoon at the CHP’s Dublin office and was arrested on suspicion of reckless driving and leaving the scene of an accident that caused injury, CHP Officer Steve Creel said.

Motorcyclist Robert Demartino Jr., of Livermore, was hit Monday on northbound Interstate 680 near Sunol Boulevard in Pleasanton, Creel said.

Witnesses said the driver of a white BMW had been traveling at more than 100 mph, nearly colliding with several vehicles. The driver began closely following a 2005 Chevrolet SUV before a curve in the highway, and Demartino was just ahead on a 2007 Suzuki GSX-R750.

The BMW struck the motorcycle’s rear wheel and Demartino was thrown to the pavement, where he hit his head, Creel said. Demartino was taken to Eden Medical Center in Castro Valley, where he is listed in stable condition.

The BMW struck both the SUV and Demartino’s motorcycle, but only Demartino was injured, Creel said.

Creel credited two eyewitnesses with getting the BMW driver’s license plate number, which he said led officers to Mostakhdemin.

This women should be put in prison for a long time. She is a danger to society and bikers!

Gilroy – California

An unidentified 40-year-old Gilroy male was killed Tuesday evening after colliding with an SUV and an unidentified pickup truck in a hit-and-run accident.

The accident happened around 5:50 p.m. on the corner of Watsonville Road and Redwood Retreat Road.

Silver 2005 Silver Toyota Tacoma TRD Sport SUV, driven by a 31-year-old Santa Cruz woman, was traveling southbound on Watsonville Road at an unknown rate of speed and attempted to turn right onto Redwood Retreat Road, according to the California Highway Patrol.

A silver and black 2008 Honda Interceptor motorcycle was stopped at the stop sign on Redwood Retreat Road with an unidentified white Nissan pickup behind the motorcycle at the stop sign. As the Tacoma made an unsafe turning movement, it failed to maintain its lead and crossed over the solid double yellow lines of eastbound Redwood Retreat Road, impacting the motorcycle head on and forcing the bike to crash into the front end of the pickup.

The driver of the motorcycle was pinned underneath the right side of the motorcycle and was pronounced dead at the scene by Santa Clara Count Fire Paramedics. The roadway of Watsonville Road and Redwood Retreat Road was partially obstructed for about two hours. Driving under the influence is not suspected, and no arrests have been made as of Wednesday morning.

Police are still looking for the pickup that left the scene. Anyone with any info can call the Hollister-Gilroy CHP office at 848-2324.

These are just a couple of the many motorcycle accidents that happen in the State of California, and that usually only the family, friends, victims, and medical workers know about. I am putting these accidents on the Biker Law Blog just to remind everyone that riding season is upon us.

People in cars must remember to watch out for bikers and motorcyclist. We have a right to share the road just like everyone else.

If you or a loved one has been in a motorcycle accident anywhere in the State of California, you may call us for a free consultation 7 days a week, 24 hours a day at 800-816-1529 ext. 1.

California Motorcycle Accident Lawyer

My Fiance and I Were The Victims of a Road Rage Incident Today!

Biker Lawyer Norman Gregory Fernandez discusses a road rage incident against himMy fiancé and I had a great time riding with some of my club brothers and friends Sunday. It was a great Sunday. A friend and I decided to take off and ride to Angeles Crest from Marina Del Rey.

We rode the 10 freeway, east, to the 110 north, to the 5 north, to the 2 north, headed toward the 210 and the Angeles Crest Highway.

Some idiot for some odd reason seemed to intentionally almost hit me from behind. Maybe he does not like bikers? It happened so fast, the only thing I could do is turn my head to give the guy a stare. I was wearing a full face modular helmet, with my sunglasses on underneath, but I am sure the way I zipped my head around this guy knew that I knew what he was doing.

Instead of backing off, he kept coming. Mind you, my friend and his old lady were behind the car at this point and could see everything. My old lady was riding shotgun on the seat behind me. I moved to the extreme left part of the lane to avoid being hit by this asshole.

He then proceeded to pass me “IN MY LANE.” I looked over and saw what I think was a Korean guy. He proceeded to “stare me down” while he was in my lane and I was in the extreme left portion of the lane.

I knew if I kept staring this guy down, he would have probably swerved over and taken my old lady and I out. This asshole basically assaulted us with a deadly weapon. I am quite positive that under the circumstances, I could have used deadly force against this asshole because he almost killed us, and he used his car as a deadly weapon against us.

I slowed down, and he accelerated and took off. I tried to get his license, but I could not. He was in a Black Lexus.

If any other bikers near the 5 and the Glendale Freeway have been the victim of an Asian guy driving a Black Lexus, let me know.

I have been riding motorcycles on public streets for around 28 years, and have never had such a bizarre incident happen to me before while riding. Especially when I have my old lady on the back of my motorcycle.

My fiancé and my friend probably do not realize how close this asshole came to taking us out. Lesson learned and reiterated; motorcycle v. car = motorcycle losing. Thank goodness, I kept a cool head and simply let this asshole pass.

My friend’s old lady was not feeling well so they went home. My old lady and I ended up freezing our buts off on a ride up to 8,000 feet and Newcombs Ranch, for a late lunch next to their fireplace, alive to ride another day thank god!

By California Motorcycle Accident Lawyer, Norman Gregory Fernandez, © 2009

When You Have Not Ridden Your Motorcycle For a Few Months; Take It Easy!

California Motorcycle Accident Lawyer Norman G. Fernandez discusses not riding your motorcycle for a while.It is winter time in the good old USA. In many parts of the country, many bikers and motorcyclist have their motorcycles in winter storage until the weather gets better. In other parts of the country, motorcycles have been sitting for weeks or months just waiting for the weather to get better so their owners can ride again.

When it comes time to ride again, some bikers and motorcyclist may have been off of their motorcycles for weeks or months. This is when you need to be most careful!

Riding a motorcycle is not like riding a bicycle as the old saying goes. In order to ride a motorcycle safely, you must ride consistently. Even being out of the saddle a couple of weeks can make you rusty.

How many of you have done a thousand mile plus, multi-day motorcycle run? Is it not true that after a few hundred miles you are sharp as steel on your motorcycle? The reason you are as sharp as steel is because you are on your motorcycle riding.

The more you ride, the better you get. The less you ride, the rustier you get. It is as simple as that.

The worst possible thing you can do if you have been out of the saddle for some amount of time, is to jump back on and ride like a bat out of hell. It takes a bit of time to re-acclimate yourself to your motorcycle and riding in traffic.

I know a guy who builds motorcycles for a living. Due to health issues, he did not ride his motorcycle for a few months. What did he do, as soon as he got back into the saddle on his motorcycle? He rode like he never took any time off. He promptly almost lost his ass due to his accelerating too fast through a water puddle in an intersection. Not only was he embarrassed, but he pulled his back out trying to keep the motorcycle up. This experience actually caused him to quit riding.

I have seen lots of bone head moves on motorcycles. Most if not all of them can be avoided by exercising simple safety measures and discretion.

So if you have been out of the saddle for a bit of time. Take it damm easy and get re-acquainted with your motorcycle.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, © 2009

Should You Stop Riding Motorcycles When You Reach A Certain Age?

California motorcycle accident attorney Norman Gregory Fernandez discusses age as a factor for riding motorcyclesWell everyone who knows me personally, or reads the Biker Law Blog, knows or should know that I sometimes embrace controversial topics. I am sure this article will be one of them.

So now I will pose the question; should you stop riding your motorcycle when you reach a certain age?

I recently read a book written by a gentleman named Ted Simon, called “Dreaming of Jupiter,” wherein the then 69 year old Ted Simon (a.k.a. Jupiter) rode around the world in a two year period. He had a couple of accidents along the way, one requiring surgery. However this man did ride around the world! (I will be reviewing his book in the Biker Law Blog soon.

There are a couple of indisputable truths; on average our bodily functions and senses start decreasing after 40 years of age, and the fatality statistics for motorcycle riders over 40 years of age who are involved in a motorcycle accident have risen alarmingly over the past few years.

Hell I just turned 45 years old myself this past June. I know I am not the same man that I was in my twenties or thirties, but I can pretty much still kick some ass, as can many of you if you know what I mean :)

Nonetheless, a long time motorcycle rider just signed up with my firm who has been riding motorcycles for over 50 years without a single accident; not a single one! Then one sunny afternoon as he is riding with a pack of 8 motorcycles, one of which was his son, and another, a former client of mine and a good friend, then bam, lights out, life flight helicopter, major injuries, stuck in a hospital in a medically induced stupor, well you get the picture.

For some reason this particular accident got me to thinking about my own safety on a motorcycle and whether I should retire from riding motorcycles at a certain age. Don’t get me wrong, I am a life long motorcycle rider, and could not imagine ever living without being able to ride a motorcycle.

My life experience riding motorcycles and my experience as a renowned biker and motorcycle accident lawyer in the State of California have definitely changed the kind of motorcycle I ride and the way I ride motorcycles. For instance, I now wear a modular flip up full face helmet 99.9% of the time while I am riding (in the past I wore no helmet or just a beanie), even though the guys I ride with are all wearing beanie helmets. I mostly ride with a full leather jacket on no matter what as well.

The cost/benefit ratio is just not palatable to me in case I am in an accident, i.e. losing my face in a crash as opposed to wearing a full face helmet, etc.

Getting back to the subject, should I stop riding motorcycles at a certain age, should anybody? We all know or have heard the stories about the old men and women who take out a crowd on a sidewalk in their car, or have caused accidents when they hit the wrong peddle in their cars.

On a motorcycle there are no second chances in most cases, especially for older riders who on the average have a harder time recovering from injuries than younger people. On a motorcycle, you must be sharp, have all of your faculties, and be able to function better then you would driving a car. Your life depends on it.

I have ridden in packs for many years. I can tell you without a doubt that there are many guys and gals riding motorcycles today, that should not be riding motorcycles, and that would probably fail a motorcycle riding test if they were given one.

If you are reading this, you may come to the realization that I may be talking about you! I hope not!

Riding a motorcycle requires constant practice to stay on top of your game whether you are young or old, but as you age the odds become stacked against you.

I read many biker websites and Internet forums related to bikers. It blows my mind that most of the people on these sites seem to spend more time writing about what a bad ass biker they are, then actually riding! How can they possibly be up on their game when they are sitting on their ass 7 days a week for hours at a time on an Internet chat room talking about riding?

Anyway, as for me, I have contemplated whether I should stop riding at a certain age. For me riding a motorcycle will always be fun, however, I have decided if there ever comes a time when I am a danger to myself in the saddle, I will hang it up. Hopefully if and when this time ever comes, I will realize it without having a motorcycle accident! I hope this time never comes, but if I do live to be an old man which I hope I do, it will inevitably come!

I hope the same for all of you too. Hell there was a guy from New Zealand in his 70’s that broke several land speed records on an Indian at the Bonneville Salt Flats. He even went down once. Even he questioned whether he was getting too old!

Why am I writing this article, well because I actually care about people? I would rather see you all safe than as a statistic.

I really would appreciate your comments on this subject.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

The Biker Law Blog is published by California Motorcycle Accident Attorney & Biker Lawyer Norman Gregory Fernandez, Esq.

The Moy & Fernandez Law Group are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.

We are experts in dealing with motorcycle accident cases.

We handle motorcycle accident cases, motorcycle passenger injury accidents, and other personal injury cases all over the State of California. We are real bikers and motorcycle riders who represent bikers and motorcycle riders who have suffered injuries due to motorcycle accidents and crashes. We handle Motorcycle Accidents, Motorcycle Passenger Accidents, Dangerous Conditions on public roads which cause motorcycle accidents, defective motorcycle cases, Cruiser Motorcycle Accidents, biker rights, criminal law, Car Accidents, Uninsured Motorist Claims, Wrongful Death, Torts, Cager and/or Car negligence, personal injury and Other Injury Cases. We have locations in Southern California and Northern California. We handle personal injury, and motorcycle accident cases in all over California including: Southern California, Central California, and Northern California.

If you have been injured in a motorcycle accident or any other motor vehicle accident, you may call us 7 days a week, 24 hours a day at 800-816-1529 x. 1, or submit your case online here.