Category Archives: Motorcycle Accidents

Articles related to motorcycle accidents

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

northridge-motorcycle-accident ** December 19, 2011 Update: I regret to inform you that David Landowski the rider of  the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.

The following news was reported today as a short blurb in the press.

Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.

The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.

According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.

Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.

The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.

It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.

For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.

The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.

The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.

Their life is changed in an instant.

I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?

Either way one thing is certain, David Landowski’s life will never be the same again.

The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.

Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.

So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.

There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.

The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.

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

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Weekend Warriors

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

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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

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A Rider and a Passenger Killed During Love Ride

Scene of fatal Love Ride accident on the 5 Freeway.

Scene of fatal Love Ride accident on the 5 Freeway.

PACOIMA CALIFORNIA – Two people died Sunday after crashing their motorcycle into a big rig on the 5 Freeway.

The crash happened on the northbound 5 Freeway at Branford Street before 11 a.m. Sunday at just as bikers were crowding the freeway for the 28th annual Love Ride charity fundraiser.

According to California Highway Patrol officials, the driver of the motorcycle was between lanes when he collided with a big rig, throwing the rider and passenger underneath the truck where they were both run over, instantly killing himself and his female passenger.

“During 28 years of the Love Ride, we have not had a single fatality,” Shokough said. “This is sad beyond words. My heartfelt condolences and sympathies go to the family and the friends of these two riders”

Two others were treated on scene for minor injuries and another was taken to a local hospital for treatment.

Led by “Tonight Show” host Jay Leno, today’s event was expected to draw over 18,000 bikers and raise as much as $1.7 million for charities, including this year’s designated charity, Autism Speaks.

Love Ride was established in 1984 by Harley-Davidson of Glendale.

The only reason Liz and I were not doing this year’s Love Ride is because I am having a surgery on Friday, and I needed the weekend off.

News of this accident makes me sick as it would any biker who rides motorcycles.

Here in California most of us bikers and motorcyclist split lanes because it is not illegal, and traffic is horrible.

It appears that the guy who was killed in this wreck may have been splitting lanes.

I myself have split lanes countless times and I can tell you what, when I get next to a big rig I always get nervous, especially when there is nowhere to go.

I am not going to use this news to write an article on how to lane split.

My prayers and condolences go out to the family and friends of the rider and passenger who were killed in this accident.

Pacoima California Motorcycle Accident Attorney

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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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A Rider and Passenger Die in Motorcycle Accident on the 405 Freeway in Seal Beach, California

Biker Law Blog NewsSEAL BEACH – California

A man and woman died Sunday when they lost control of their Harley-Davidson motorcycle, cut across the 405 freeway, hit a car and were launched head first into a cement wall, California Highway Patrol officials said.

The man, 60, and woman, 57, were wearing full helmets, but the blunt-force trauma was too strong, said Officer Stacey Willits, who was at the scene.

The accident occurred at 11:18 a.m. on the northbound 405 near the Seal Beach Blvd. exit. The two were taken to Long Beach Memorial Hospital with massive head wounds. They were pronounced dead at 12:07 p.m. and 12:25 p.m. Their identities have not been released.

The man was driving, and the woman was his passenger, Willits said.

Witnesses said the pair was driving in the first or second lane of the northbound 405 freeway at about 65 mph when the motorcycle started fish-tailing, Willits said. The bike then made an almost 90-degree turn and cut across the freeway to the sixth (slow) lane. It hit the left-rear corner of a Honda Accord and ejected the riders into a concrete road-construction divider.

The investigation is still open and officers do not yet know what caused the couple to lose control of the motorcycle. Willits asked that anyone who saw the bike lose control call the California Highway Patrol office in Westminster at 714-892-4262.

Law enforcement officers shut down the third through sixth lanes of the freeway for about an hour while CHP investigated the accident.

This accident is a horrible tragedy. I send my prayers and condolences out to the friends and family of the victims of this accident.

Based on the witness reports from this accident regarding the motorcycle’s rear end beginning to fishtail, it is possible that the victims suffered from a rear tire blow out, or a loose and unstable swing arm, or something to that effect. They could have even locked up the rear end braking too heavy. However there is no evidence based on the witness reports that the motorcycle was braking at the time of the accident.

Both victims were wearing full face helmets.

This accident should remind all bikers to check their tire tread and tire pressure before they ride their motorcycles. I am not saying that this is what caused the motorcycle accident, because I do not know, but it may have played a factor.

California Motorcycle Accident Attorney, and Biker Lawyer

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By Brother went Down Today.

Biker Lawyer Norman Gregory Fernandez, and his Brother Slider on a Motorcycle Run to the Angeles Crest Highway on June 19, 2011

Biker Lawyer Norman Gregory Fernandez, and his Brother Slider on a Motorcycle Run to the Angeles Crest Highway on June 19, 2011

I got a call today from my Brother Slider who went down today on his motorcycle.

It seems that a woman who was not paying attention, decided to make a right turn directly in front of my brother who had no chance to stop or get out of the way. He then laid his bike down and slammed into the car that turned in front of him.

Although I do many motorcycle accident cases every week, this one hit me real hard. Hell, I just rode with Slider and his old lady this past weekend up to Angeles Crest. Slider is my brother, and he is a friend.

As usual, when Slider called me today, he acted cool as if nothing was wrong. He told me about someone who had a motorcycle accident, and asked me if I could help. I said of course brother. He then told me it was him that went down. I could not believe it.

Here my brother is sitting in the E.R. at a major hospital with a broken and torn knee, road rash, and in major pain, and here he is talking as though everything was normal.

You have to know Slider to understand his coolness even while he is in extreme pain.

I went to the ER with a couple of brothers on Thursday evening to see Slider and his old lady. He is in pain, but I think he will live.

I ride with a lot of hardcore bikers, and Slider is no different, however, due to my experience in dealing with these types of cases, I know once Slider gets past the physical issues, he will have to get past the mental issues as well. Most riders that I know who have gone down, end up being much more careful and cautious riders as a result.

God please be with my brother Slider and his old lady and give him a speedy recovery.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © May 24, 2010

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

Glendale CHP Motorcycle Accident

Scene of Glendale CHP Motorcycle Accident

A California Highway Patrol officer was hospitalized with major injuries Tuesday afternoon after he was knocked off his motorcycle by another driver during an attempted traffic stop on the 134 Freeway, according to a CHP traffic report.

Officer J.D Fields, 59, an Altadena resident, suffered a broken femur and wrist after the accident, which occurred around 1:40 p.m. near the intersection of the 134 and 2 freeways in Glendale.

Fields had seen a vehicle pulled over on the side of the road and moved into the right lane, put on his lights, and slowed down to approach the car.

A woman driving a 2010 Nissan vehicle was behind him and failed to see him slow down, according to the report. She veered quickly out of the lane and then “for unknown reasons,” moved back into the right lane and hit Fields’ motorcycle, the report states.

Fields was thrown from the motorcycle and onto the road. He was transported to the Huntington Hospital shortly after the accident.

The cause of the collision is still under investigation, according to the report.

This crash brings to mind a safety feature for motorcycles that I think should be implemented; a brake light that triggers with sudden deceleration of a motorcycle.

Let me explain. We, who ride motorcycles, tend to downshift to decrease our speed on most if not all occasions, before we hit the brakes.

If a car traveling fast behind us, does not see brake lights when we downshift to slow down, they do not know we are slowing down, and they rear end us.

I think that is exactly what happened in this rear ender of Officer Fields.

I have been on rides and seen motorcycle on motorcycle rear end collisions due to the same reason.

If there was a sudden decoration device on our motorcycles that triggered the brake light, I think we could save many a biker and motorcyclist lives.

For you inventers out there, maybe you can come up with something. Maybe a device like this should be mandatory for motorcycles.

It would appear that Officer Fields in the accident mentioned above, not only has a Workers Compensation case against the California Highway Patrol, and a separate Personal Injury case against the woman who hit him from behind.

The law in California is that a person driving behind another person, has a duty to maintain a safe distance from the car or motorcycle in front of them, so they can stop in case the vehicle in front of them stops. It appears that the woman is at fault in this case.

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

By California Motorcycle Accident Attorney, and Biker Lawyer

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

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

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

Santa Monica – California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Rancho Cordova California CHP Captain Arrested in Suspected DUI Motorcycle Crash

Scene of CHP Officer DUI Motorcycle Accident

Scene of CHP Officer DUI Motorcycle Accident

PLACERVILLE – California

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California Motorcycle Accident Attorney and Biker Lawyer

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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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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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Biker Attorney “Jeff H.” A.K.A. Jeff in Korea was in a bad motorcycle accident.

 
 
 

An X-Ray showing Jeff's right arm fracture

An X-Ray showing Jeff's right arm fracture

There is a biker attorney named Jeff H. in Korea that has become a long distance pen pal of sorts with me.

Over the years since I started the Biker Law Blog, he has shared comments, exchanged emails, and such.

Jeff lives, works, and rides, in the nation of Korea, and yes he is a real biker lawyer like me.

A couple of days ago Jeff informed me that he was in a motorcycle accident, and sent me the following letter through the blog describing his accident.

He states that “even biker lawyers can go down once in a while. Be Careful.”

I suggest that all of you read this letter carefully. Maybe it will save your live. It is not often that you get a firsthand account of an accident such as this, written by a fellow attorney.

Jeff I wish you Godspeed on your recovery.

Below is the actual letter sent to me by Jeff in Korea:

Okay. Some of you have no idea what happened to me. Others know basically what happened to me. I think only a few of you know exactly what happened to me. Now that I have this nifty software that allows me to speak into a microphone and watch the words magically appear on the computer screen, I can sit back, rest my arms, and tell you all what happened.

Early in the afternoon of October 30, 2010, my friend Jeremy and I were riding our motorcycles to lunch. After a delicious lunch at the Seamen’s Club, Jeremy headed home, and I took off by myself to go take care of some other business. Just before 1 PM, I was riding along a four-lane highway with two lanes going in each direction. I like to take this particular road because it’s not well traveled by other vehicles, so there’s not much traffic to worry about.

I was southbound on the inside lane nearest to the double yellow lines, and another car was approaching northbound from the opposite direction on the inside lane nearest the double yellow line. Suddenly, and without any warning whatsoever, a large delivery truck that was sitting on the right shoulder of the road completely outside of the traffic lanes began to make an illegal U-turn directly in front of me in an effort to proceed in the northbound lane. However, due to the other car that was traveling opposite me in the northbound lane, the delivery truck could not complete the illegal U-turn and he had to stop his truck directly in front of me, blocking both southbound lanes.

He pulled out and stopped in front of me so quickly that I didn’t have time or space to maneuver around the truck. So, I slammed on my brakes, locked my wheels, honked my horn, cursed as loudly as possible, and prayed for the best. Unfortunately, it was not my lucky day. At some point in the space of what I estimate to be about 2 seconds between the time that he began to pull out in front of me and the time that I slammed broadside into the side of his truck, I realized that there was no way I was going to be able to stop.

I had no time to take any other evasive maneuvers or safety measures, such as laying the bike down or doing anything else. I T-boned the truck. I hit broadside. Hard. Very, very hard.

I don’t remember actually hitting the truck. I remember getting very, very close to it, and I remember bouncing off the truck. The next thing I remember was lying on my back in the middle of the road. So, I remember approaching the truck, bouncing off the truck, and laying in the road. The actual impact and landing in the road are gone from my memory.

The driver got out of his truck, and immediately started calling for an ambulance, the police, his company, his insurance company, and anyone else he could reach. I remember mumbling something to him like, “why? Why couldn’t you wait 3 seconds to make that turn?”

It took a few minutes for the police to arrive. While waiting, I had one of the most incredible sensations of my entire life. I knew that my right arm was badly broken because I could distinctly feel that my right hand was laying flat on the road up to my elbow, but my shoulder felt like my arm was pointing straight up in the air. I tried to flex my fingers, but my fingers didn’t move. It still felt like I was pointing toward the sky, but my hand remained flat on the road. It was really a very weird sensation. Also, my left wrist hurt and I couldn’t move my fingers on my left hand, so I knew that my left hand was broken somewhere as well. I knew that both of my arms hurt like hell, but because of the adrenaline or some other reason, the pain wasn’t nearly as bad as it probably should have been.

When the police and the ambulance arrived, the first thing they did, which is something that is standard in every Korean vehicle accident, was to paint the outline of the truck. They spray painted the outline of my bike where it was, and I remember them mucking around and spray painting the outline of my body. It was sort of like a crime scene body outline like you see on TV.

The next thing was the ambulance driver, the EMT, and the policeman wondering how to get big old me onto the gurney and into the back of the ambulance. Eventually, and with no small amount of jostling my broken arms, they managed to get me on to the very narrow gurney and into the back of the ambulance. Now, at this point, it must be understood that Korean ambulances are not like ambulances in America. Ambulances are not these big, huge, spacious, fully equipped mobile trauma centers. Korean ambulances are more like old Volkswagen minivans. They’re very narrow, very old, and in generally very poor condition.

It was my intention to go to Pusan National University Hospital, which is approximately 20 min. away from the accident site in normal traffic. However, due to the fact that the ambulance I was in had no suspension whatsoever, I felt every bump, every pothole, every rock, every cigarette butt, and every gust of air. This made me extremely uncomfortable. Because of this discomfort, I had no choice but to ask the ambulance driver to take me to a closer hospital. The closest hospital was Haedong Hospital.

A quick back story for those who don’t know: Almost exactly 4 years ago, I was involved in another motorcycle accident that left me with a shattered femur in my right thigh. I was treated for that accident at Haedong Hospital. They put a titanium plate and 15 screws in my right thigh. After five weeks in the hospital, I was released. Six days after my release, the titanium plate broke. I had to return to Haedong Hospital, where they opened up my thigh removed the broken plate, did various surgical procedures, and replaced the broken plate with a longer, wider thicker titanium plate. I had my theories as to why the titanium plate broke, and the filed a malpractice lawsuit against the hospital and the doctor that performed the surgery. After lengthy negotiations, we reached a settlement that I was slightly less than happy with, but I could live with it.

Fast forward back to the date of this current accident. I arrived in Haedong Hospital, and was wheeled into the emergency room. The emergency room physician confirmed that I had a broken arm above the elbow on my right arm and my left wrist was broken. I finally had a chance to look at my left wrist and knew immediately what had happened because I had suffered nearly exactly the same break when I was in junior high school. I knew exactly how it felt and looked. The doctor confirmed that I had suffered a compression fracture on my wrist, which basically meant that I had completely destroyed my wrist joint and the two bones in my forearm had pushed up and past the bones in my wrist, so my wrist was actually below the two bones on my arm.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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How Peer Pressure can Kill Biker’s and Motorcyclist

A group of motorcycle riders

Peer Pressure can Kill Bikers and Motorcyclist

If you ride motorcycles with friends, brothers, or acquaintances, the issue of peer pressure being exerted on you to do things you ordinarily would not do on your own pop up from time to time.

It can take many forms.

For instance, how many of you have ridden in a pack where the light has switched to yellow then to red, and you ran the red light to keep up with the pack?

How many of you have stayed in a coffin formation (2 abreast) even on roads where it was not safe to do so, or because you were afraid you would look bad if you did not conform?

How many of you have ridden at excessive speeds to keep up with your friends or buddies?

How many of you have had an illness or a medical condition that required time away from your motorcycle, yet your so-called friends or even brothers try to pressure you into riding by calling you a wussy, or a hypochondriac for not riding until you heal?

How many of you have taken turns too fast because you wanted to keep up with the pack, or not look bad to the other guys you are riding with?

How many of you have ridden with guys who tailgate cars in front of them, and not wanting to fall behind, you ride with the tailgater?

How many of you have ridden in in-climatic weather including extreme cold, rain, wind, etc., just because you did not want to look bad to your friends or the guys you are riding with?

How many of you have flat out done stupid things on your motorcycle, just to fit in with your friends, brothers, or acquaintances?

How many of you have split lanes at excessive speeds to keep up with your friends even though you knew it was unsafe to do so?

How many of you have followed friends who crossed a center line to pass traffic in a pack just to keep up?

How many of you do not wear helmets, or wear a beanie helmet, instead of a full face helmet, just because your friends don’t?

How many of you do not wear leather jackets or proper riding attire, because your friends don’t?

The above list of examples is not meant to be all inclusive, but I think you will all get the picture.

I will say time and time again, that on a motorcycle there are no second chances. If you do not feel comfortable doing something, than you should not do it.

It could mean the difference between life and death.

Just because your friends, a group, or acquaintances on a ride want to take their lives in their hands by riding in an unsafe or stupid manner, does not mean you have to do the same.

It is better to come home at night, than to be laid up in a hospital for weeks or months, or even planted six feet under.

The next time you are in a situation where you do not feel comfortable doing what your friends are doing on a ride, fall back, ride behind them, and catch up to them later. If you do not catch up there will always be another day.

Don’t let foolish peer pressure make you do things you do not want to do.

There are always idiots out there who want to jump off of the bridge; you do not have to jump off of the bridge with them!

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © November 9, 2010

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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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