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.
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!
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!
**** 3-29-10 Update: There was a big turnout of bikers to pay homage to the downed bikers who were killed and injured in the horrible accident. You can see a video by clicking here.
**** 3-27-10 Update: 4th person died in this crash. I have modified the title to reflect this fact. The victims, and the person who caused this crash are also identified. You can read about it, and see a video by clicking here.
**** 3-26-10 Update: Here is a link to another article on this horrible crash and a video.Click Here
A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.
The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.
The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.
There was no sign the truck driver was impaired.
Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.
“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.
Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.
The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.
Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.
“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.
Dozens of police and rescue personnel responded to the crash.
Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.
The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.
The Carefree Highway was expected to be closed for several hours as police investigate the crash.
Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.
You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.
This accident is absolutely atrocious and horrible.
If you are a biker or a motorcyclist, and you actually ride your motorcycle, you have probably had a run in with loose gravel on the road or a parking lot at some point or another. It can be a real bitch to say the least.
Talking to a new client this evening brought up some bad memories I have had riding though gravel in the past myself, not to mention the many cases I have handled of motorcycle accidents caused by loose gravel.
My new client, who we will call Lucy for this article, was a passenger on a motorcycle that was being driven by her ex-boyfriend that went down when they hit a patch of gravel.
He was pinned underneath the motorcycle, she was thrown off and suffered severe injuries.
I am representing Lucy the passenger.
As she described it, they were not riding fast, and they turned into onto a familiar street, and then the bike (a Harley Davidson) just kind of slid out from underneath them for no apparent reason. Once they were down they realized that they hit a patch of gravel. Both were injured.
As we all know or should know, a motorcycle only has 2 wheels that we balance on when riding. Unlike a car or other cage vehicle, generally a motorcycle’s 2 wheels have a very small tread area that actually contacts with the ground when we are riding. Yea I know that some of you have 200’s on the rear, or fat racing slicks on your sport motorcycle, but that is not the norm.
Most of us have a very small amount of tread that contact with the ground when we are riding. If we ride over loose gravel, sand, or rocks on the road, it can very well cause your motorcycle to slide out from under you and ruin your whole day.
My worst experience with gravel happened on a very lonely unnamed off ramp on Highway 40 in Arizona between Flagstaff and Kingman in the middle of the night. My then fiancé and I got off to get some gas. It was pitch dark. No lights at all except for my headlight. The gas station was on the other side of the interstate under a bridge. There was no light from it at all when I got off.
As I turned left my motorcycle slid out from under me. I am no expert rider, but I managed to keep the motorcycle up. I was scared shitless. Had we gone down, we could have been run over by someone speeding down the off ramp due to no light, or we could have been laying there for quite some time. We were literally in the middle of no where, in the middle of the night. (Just the way Bikers like it.)
When we got to the gas station I told my fiancé what happened. She was so tired that she had no clue that we almost ate it.
Who is at fault if an Accident is caused by loose gravel, or on the Road?
Generally the person operating the motorcycle has a duty of due care to ride the motorcycle safely on all surfaces, therefore the rider is responsible.
However, it can also be argued that it is reasonably foreseeable to private persons, private property owners, or governmental entitles, that loose gravel or sand on hard pavement can create a dangerous condition to persons riding motorcycles because these vehicles balance on two wheels only, and loose gravel or sand can cause them to go out of control.
In other words, an experienced Biker Attorney and Motorcycle Accident Attorney such as me can and will go after a person or entity that knowingly puts loose gravel or sand on a road that is used by motorcycle riders, because it creates a dangerous condition that they either know about, or should know about.
This is a very good reason why you do not want to go to a garden variety personal injury attorney who advertises that they do motorcycle accident cases, but has no clue what it is to actually ride a motorcycle. Only a real biker and rider of motorcycles understands the gravel or sand problem as it relates to motorcycle riders. I understand the problem because I have experienced it.
So there it is; if you go down due to loose gravel or sand on a public or private road, or even a parking lot anywhere in California, you should give me a call for a free consultation at 800-816-1529 x. 1. I will tell you over the phone if you have a good case.
Motorcyclists are among the most vulnerable motorist on the road. A motorcyclist who is involved in a collision with a four wheeled motor vehicle such as a car, pickup truck, etc., it at a severe disadvantage.
Often times motorcycle accidents result in the death or disability of the motorcyclist. It is not hard to lose a limb, seriously damage internal organs, or to become paralyzed in a motorcycle crash if you are not careful.
Therefore unlike with other motor vehicles, bikers and motorcyclist must adhere to strict safety measures to prevent motorcycle accidents, and to ensure survival if they are in fact in a motorcycle accident.
Motorcycle Safety Tip # 1: Wear a DOT Helmet
I know, I know, many in the biker community say “bullshit” I am not wearing a helmet, yada yada yada. Others wear toy novelty helmets in States where helmets are mandatory.
Research has clearly shown that serious brain injuries and death can be avoided by wearing a good helmet. A very common motorcycle accident scenario is that a rider is thrown off of the motorcycle, landing on, or hitting his or her head. For those wearing a good helmet, a serious head injury can be avoided by simply wearing a helmet. Hell you might have a severe headache if you land on your head in a motorcycle accident, but at least you are still alive!
Low impact head injuries can also be fatal. A recent case was reported when a stationary motorcyclist lost his balance in the driveway, his motorcycle fell over; he struck his head on the concrete driveway, and later died of his injuries a few days later. He died because he did not have a helmet on. The result was tragic and could have been easily averted by simply strapping on a helmet.
A helmet is certainly not an iron clad guarantee that an accident or serious injury won’t happen. However, wearing a motorcycle helmet will certainly improve the chances of survival in a motorcycle accident.
Tip 2: Wear Proper Protective Motorcycle Clothing
Motorcyclists should always wear the proper equipment while riding their motorcycles for protection. The goal is that you not only want a protective layer between you and the elements, but you also want to be clearly visible to other motorist.
Motorcycle accidents can be quite horrendous on the skin. Bikers and motorcyclist can be thrown off of their motorcycles and skid or slide along the pavement. Without protective clothing or footwear, your body can slide unprotected against pavement, concrete, stone, glass, and other dirt and debris on the road, which will literally peel off your flesh, or embed into your flesh. This can have disastrous consequences for you, and cause severe pain and suffering that could have easily have been avoided.
I will admit, in the old days I was not so smart. I would wear a t-shirt with a vest. Now, I am not willing to take a chance simply because I was too stubborn or egotistical to wear proper riding attire.
Tip 3: Stay Sober and Well Rested
Dahhhh. If you are too tired or shit faced drunk, and/or on other mind altering substances, your reflexes and ability to react while riding your motorcycle can be severely impaired.
Motorcyclist should avoid riding when very tired, and regularly take short breaks. Alcohol and Other Drugs can also seriously affect your ability to ride, and should be avoided when riding a motorcycle.
If you think drunk driving in a car is dangerous, drunk riding is at least ten times more dangerous for you on a motorcycle. At least in a car you have some protection. On a motorcycle, there are no second chances. You need to be on your game.
Stay off of the mind altering substances while riding a motorcycle, even one beer can impair you on a motorcycle. Also take frequent breaks to avoid fatigue.
Tip 4: Adhere to Traffic Laws
A significant number of motorcyclists involved in motorcycle accidents are riding without a proper motorcycle license or endorsement. Motorcyclists should ensure that they are properly licensed, and always up to date on their knowledge of local traffic laws. You should obey all traffic laws whenever possible.
Tip 5: Motorcycle Equipment Safety Check and Planning
Motorcyclists should inspect their motorcycles before each ride for loose screws or bolts, tire wear, etc. Motorcycle accidents often occur as a result of mechanical problems.
Plan ahead when riding in a group. Determine your route in advance and ensure that it agreed with the other riders. Review group hand signals, formations, etc.
Tip 6: Continuous Learning and Improvement
A large percentage of motorcyclists involved in motorcycle accidents have had no formal motorcycle rider training. Enrollment in a certified motorcycle training class is a good way to develop basic riding.
Once the basic techniques have been acquired, motorcyclists can improve accident-avoidance skills by taking an advanced motorcycle rider course or advanced program for motorcyclists that teaches defensive riding on your particular motorcycle.
Motorcyclists and bikers have the responsibility to protect themselves as much as possible.
By following these basic safety tips things can and will go a whole lot better for you if you ever go down!
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.
A suspected dui-related motorcycle crash northeast of Bakersfield has killed one person on this Christmas 2009.
The Highway Patrol says the person killed was a passenger on the motorcycle, and was airlifted to Kern Medical Center. However, that person did not survive the injuries from the motorcycle accident.
It happened just after 4:30 p-m on Granite Road at Round Mountain Road. Investigators say the driver of the motorcycle was heading east on Granite Road and lost control. Both the driver and the passenger were thrown from the bike. The driver of the motorcycle hit a fence, the passenger hit a pole. “The passenger sustained fatal injuries and the driver sustained moderate injuries. In the early stages of the investigation it appears that alcohol is related,” said Sgt. Jeff Crosswhite, California Highway Patrol.
The Highway Patrol says both were wearing helmets. The driver was also taken to Kern Medical Center with moderate injuries. Officers say the driver may have felony dui as well as manslaughter charges.
This is a horrible accident that did not have to happen. I will say this very clearly; IF YOU HAVE HAD ALCOHOL DO NOT RIDE A MOTORCYCLE PERIOD. IF YOU ARE A PASSENGER, DO NOT GET ON A MOTORCYCLE WITH A RIDER WHO HAS BEEN DRINKING PERIOD.
Alcohol and motorcycles flat out do not mix. Hell you need to be on your game sober to ride safely. Can you imagine how dangerous it is to ride after drinking?
If you or a family member have been the victim of a motorcycle accident, or you were a passenger injured in a motorcycle, or you have had a family member killed in an accident call my law firm ASAP for a free consultation at 800-816-1529 x. 1 or check out my website at http://www.bikerlawyer.net .
As all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.
There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.
Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.
To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.
If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.
A motorcyclist died Monday afternoon (11/9/09) after he lost control while doing a wheelie in a residential neighborhood and slammed into a tree in front of a home, officials said.
The rider was westbound in the 16200 block of Nisqualli Road around 1 p.m. when he hit a curb, lost control and veered in and out of the street, according to witnesses and Sgt. John Emmens, of the San Bernardino County Sheriff’s Victorville station.
Ramiro Barbosa Jr. said he saw the rider pop a wheelie at Fourth Avenue and Nisqualli Road. He attempted a stand-up-wheelie but failed. He tried again, but on the second try he popped up and lost control, Barbosa said.
The motorcycle went into a “speed wobble,” ejecting the rider who was hurled into a tree head-first. The Kawasaki Ninja sport bike then struck a chain link fence causing the vehicle to cartwheel before coming to rest four houses away, witnesses said.
Witnesses reported the 23-year-old man was traveling anywhere between 75 to about 100 mph.
Officials closed Nisqualli Road between Fourth and Sixth avenues as the Major Accident Investigation Team looked into the crash.
Resident Gabriel Madrigal said he had seen the same motorcycle doing stunts along the street on almost a nightly basis. Others stated the man lived in the neighborhood, but his identity was not immediately released.
Madrigal and neighbor, Ray Williams, heard the loud crash while they were in Williams’ garage. They came outside to find the motorcycle in Williams’ neighbors’ driveway.
“It didn’t hit anything but that chain link fence,” Williams said. “It’s pretty amazing.”
Sport bikes make up 14 percent of the total number of registered motorcycles in California for 2008, but account for 38 percent of all motorcycle-related deaths on the state’s highways, according to the California Highway Patrol.
I have said in many articles that if sport biker motorcycle riders want to do stunts on their motorcycles, they should take it off public roads and onto private property. Had this young man not been doing wheelies on the street he probably would still be alive.
Not only did this young man die, but I wonder how many of the people who either witnessed this accident or heard about it now have a negative view of bikers and motorcyclist as a result?
You can read many of the articles I have written on the Billy Lane case below or by typing in Billy Lane in the search box on the sidebar to the right.
Billy Lane is a custom motorcycle builder who got famous on reality TV shows like Biker Build off on the Discovery Channel in the early 2000’s. He then went on to make regular appearances on the motorcycle event circuit at events such as, Sturgis, Daytona, etc.
Billy Lane got rich and famous as a biker off of bikers. Then Billy Lane did something really stupid; he got shit faced drunk. Then, while his blood alcohol level was twice the legal limit he decided to jump into a free SUV given to him to drive as a promotional item by Dodge, along with a lady who rode in the passenger seat, and proceeded to drive.
While driving intoxicated, he decided to cross a double yellow line and hit a biker named Gerry Morelock head on killing Gerry Morelock. Although Gerry Morelock himself had been drinking, he was in no way responsible for the accident or his death. His only mistake that day was being in the wrong place at the wrong time.
As a biker, I empathize with Gerry Morelock, because it could have been me; it could have been any biker on the road that day. When you have an asshole like Billy Lane crossing a double yellow and plowing into you head on it really does not matter who you are, you are dead. Gerry Morelock is dead. He is dead because Billy Lane decided to get drunk and drive.
I have heard commenter’s on my Biker Law Blog make the argument that we should not talk shit about Billy Lane because we have all drank alcohol and driven, so who are we to throw stones? I say bullshit. How many of us have got drunk then crossed a double yellow line and smashed into a fellow biker head on, killing him?
Billy Lane and Dodge reached settlements of civil cases brought by the family of Gerry Morelock well before Billy Lane’s criminal case was resolved.
So Billy Lane was sentenced to 6 years in the pokie, (prison) by a Vera, Florida Court. He was also placed on three years of probation following his incarceration, and the loss of his driver’s license for life. For basically murdering a man, he got off real light.
On September 26, 2008, while 25 year old Martin Allen Lacy was riding his motorcycle on Live Oak Canyon Road, in the Inland Empire, California, Martin Allen Lacy was killed when a woman named Holly Louise Ference, intentionally crossed a double yellow line to pass a van, driving directly into Martin Allen Lacy’s lane, striking him head on, and killing him.
Martin Allen Lacy was basically the victim of homicide by vehicle. There is no difference between someone shooting a gun off near people, and intentionally driving a car into oncoming traffic over a double yellow line, it is gross negligence rising to the level of a willful and wanton disregard for human life (murder).
This story is dedicated to the memory of Martin Allen Lacy, and his families attempt to bring the killer of Martin Allen Lacy; Holly Louise Ference, to justice through the legal system.
If you are a motorcycle rider, a biker, or just a plain old law abiding citizen who thinks that justice needs to be done in a reprehensible case like this, please show your support by sending to the family an email to firstname.lastname@example.org. We will pass on all emails to the family.
If you have any information about the case, the death of Martin Allen Lacy, or the defendant Holly Louise Ference, please contact the families legal representative as follows:
Norman Gregory Fernandez, Esq.
Attorney at Law
The Law Offices of Norman Gregory Fernandez & Associates
9909 Topanga Canyon Blvd. #188
Chatsworth, CA 91311
Phone: 818-584-8831 ext. 3
The following is a letter written by Debra Lacy after the killing of her son:
I lost it 1 year ago, but it seems like yesterday.
In the early morning of Sept. 26 a Friday, my son woke me up to tell goodbye, give me a kiss and a hug, as he was leaving for San Diego to go to work, the time was 12:55am.
I told him I hated him leaving at this time, but he said it was better less traffic and all and that he would be very carful, and that he would call when he got there.
As always his dad was out checking his motorcycle, making sure that everything was good, lights, tires and tire pressure and brakes, gave him a hug and we watched him drive away, not knowing that would be the last time we would see him alive.
You should know that Martin has been riding since he was 2 maybe earlier, my favorite memory was seeing him in a diaper, tennis shoes, and a helmet jumping on his 70cc 3-wheeler trying to go after his dad at Glamis. He was a natural on 2 wheels 3 and 4 wheels, dirt and street.
He had a very good teacher who stressed safety first. The motorcycle that he was on he only had for a year, it was previously wrecked; he and his dad rebuilt it from the ground up with all new parts.
At 9:00am the morning of the 26th a very pregnant blonde lady was at our door asking if we were Martins parents. I said yes, but he wasn’t home he was at work. Then she said the worst thing a parent will ever here, she was from the corners office. I wish those words on no one, our world fell apart.
She said that it was instant, he didn’t feel a thing, then she said that he hadn’t done anything wrong, that we should be happy about that, that someone hit him head on. We asked where and when it happened, she said at 1:05am and about 15miles from home on the canyon road. As a mom I wondered what took so long to contact us, she said because they could not find his ID, and that she had his backpack and did we want it. Of course, we wanted that and our son.
She gave us a business card on who to contact and then left.
Then the hell starts, as if we didn’t have enough pain, thank god for our oldest son who stepped in and handled everything, even in his grief, but this was not going to be easy, it turned out to be a nightmare from the start and got worse, we were not allowed to see Martin until he was released to the funeral home where Matthew and his dad identified him.
The corner did an autopsy on Martin and said the cause of death was blunt force trauma to the head, no alcohol or drugs were in his system, and no other problems, death was instant.
As a mother I asked if the other person was hurt, they said no, and my reply was that’s good. When we asked how this happened, they said she was passing someone and hit Martin head on. We didn’t find out more until Matthew and Mark went to the scene and then went searching for the CHP officer that was at the scene at the time of the accident. That’s when they found out that woman who killed Martin was 22 years old , crossed a solid yellow line on an incline passing a van with no windows, and that Martin probably never even seen it coming. We found out the killer was released at the scene of the accident to her parents, who took her to the hospital to be checked out.
She was released with only a field sorority test done, no ticket no drug test nothing. Where was a 22 year old woman going on a Friday night at 1:00am in the morning going in such a hurry? If the situation was reversed, Martin would have been arrested taken down, tested, and at the very least ticketed.
Here it is almost a year to exact 20 days before the date and Martin’s killer still has not faced any consequences, not even a ticket, and here I am fighting the whole system for some kind of justice for our son MARTIN ALLEN LACY.
Yes you heard that right. On Saturday there was a massive accident involving almost 30 motorcycles on the I-5 in the State of Oregon. I read about this accident just before I was about to ride my motorcycle to Lompoc, California for a Karate tournament.
The injured bikers were members of a motorcycle club who were riding together in standard two column (side by side) or “coffin” formation.
From the news reports that I have read and watched, it appears that one or two SUV’s in front of the motorcyclist either intentionally hit their brakes with no traffic in front of the SUV, or suddenly hit their brakes because of slowing traffic in front of them.
This caused a chain reaction pile up accident, or domino effect as the bikers apparently had no time to stop or get out of the way.
Many of the bikers were injured, and two were critically injured and were airlifted out.
From the news reports that I read, there were motorcycles scattered all over the freeway.
I have ridden in many packs of motorcycles, and what happened in this accident is everyone’s nightmare scenario. If the witness reports turn out to be true, and the SUV intentionally hit its brakes, then this would be attempted murder as far as I am concerned.
Some of you may be thinking that stuff like this does not happen, well it does. I had a client report to me today that a car load of what looked to him like street gang thugs, tried to hit him in the head with a baseball bat as he was riding his motorcycle in Los Angeles a few days ago. They were in a truck.
Hell, as I was riding yesterday, splitting lanes just before Santa Barbara going north on the 101, some asshole big rig truck driver must have saw me riding up, and purposefully moved his rig left to close off the center lane just so I could not pass. Had I been next to him, he would have taken me out. Other motorist saw what he did because they honked and one guy flipped off the big rig truck driver. It took me about 30 seconds before I could finally pass the guy. He was glaring at me as I looked up at his rig. What was this asshole thinking?
For some reason, some motorist do not think that bikers and motorcyclist have the right to ride on the roads, as everyone else, and they seem to get off on trying to take us out.
Now I do not know why the SUV’s braked in the case of the 30 motorcycle vehicle accident which is the subject of this article and op. ed. , but if it was on purpose to cause an accident, the drivers should be prosecuted to the fullest extent of the law.
What can be done to ensure safety while riding your motorcycle in a pack like this? The main thing that can be done is to ensure that the Road Captain, or the one leading the ride, makes sure that there is enough distance between the pack, and traffic in front of the pack to stop in case the vehicles in front suddenly stop. I wrote an article on group riding which you can read by clicking here now. My main rule is that the lead riders should not under any circumstances tailgate cars or other vehicles in front of the pack. There needs to be ample room. I have been in packs where the Road Captain was tailgating, and I just sat there waiting for the car to hit their brakes. I hate to be in the middle of a pack, I would rather be in the front, or rear, preferably the rear!
In a tight pack, everyone must use hand signals so that the people in back know what is going on to prevent just this type of scenario.
I am not saying that this accident could have been prevented, especially if the SUV purposefully hit the brakes to cause this accident, but there are things that can be done to make rides safer for riders in a group.
The Santa Clara County medical examiner’s office Tuesday identified 52-year-old Scott Hudson as the motorcyclist killed in a fiery collision southwest of Morgan Hill, California on Monday afternoon.
Hudson was traveling north on Uvas Road, just north of Little Uvas Road, when a speeding Honda Accord heading south crossed the double yellow lines and collided head-on with Hudson at about 3:40 p.m., according to the California Highway Patrol.
Hudson, of Los Gatos, was ejected from the motorcycle and died at the scene.
The motorcycle burst into flames, spreading to the Accord and then to nearby trees, the California Highway Patrol said.
Michael Eazana, the 22-year-old driver of the Accord, was not injured in the crash and was arrested on suspicion of vehicular manslaughter and booked into the Santa Clara County jail. Eazana’s passenger, a 20-year-old Morgan Hill man, also was uninjured in the collision.
The crash closed Uvas Road for three hours as Calfire put out the fire and the collision was cleared.
This is a horrendous accident that killed a biker and motorcyclist, and could have been prevented if the driver of the Honda Accord obeyed traffic laws. The driver of the Honda if found guilty should be sent to prison for killing a biker.
I send my condolences to the family of Scott Hudson, may he rest in peace. He was simply riding his motorcycle when the Honda crossed the double yellow and hit him head on.
If you or your family have been the victim of a motorcycle accident, or wrongful death anywhere in the State of California, give me a call for a free consultation at 800-816-1529 ext. 1., or you may go to my website at www.bikerlawyer.net and submit your case online for a free consultation.
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.
Billy Lane got 6 years in prison and probation after he gets out. Look for a new article on the subject soon.
*** June 17, 2009 Update.
Billy Lane’s plea of guilty to vehicular homicide was accepted by the Court last week. He will remain free until his next Court appearance on August 14, 2009, when he will be sentenced. It is said that he will probably avoid prison. Part of the plea deal mandates a lifetime suspension of his drivers license in Florida, however he could petition the Florida department of Highway Safety and Motor Vehicles for a hardship licence.
He faced up to 15 years in prison, however according to published reports his plea deal mitigates his maximum possible sentence to 9 years. He may also be sentenced to house arrest or probation.
In June 2002, motorcycle builder Billy Lane of Melbourne Beach, Florida was on top of the world. He sold custom-built motorcycles at $30,000 to $40,000 a piece. He gained fame and celebrity status through various reality TV shows. He was subsequently was invited as a featured guest to motorcycle shows and festivals all over the United States and beyond.
Now Billy Lane who is 39 years old, is facing up to nine years in prison on a single felony charge of vehicular homicide in connection with a Labor Day 2006 car crash that left a Gerry Morelock, a Melbourne Beach, Florida man, a motorcyclist, dead.
After several delays, Lane is expected in court Tuesday morning to change his not guilty plea to “no contest.” He would then be sentenced on Aug. 14, 2009, at 9:00am.
“We did get the written plea agreement in,” defense attorney Greg Eisenmenger told several newspapers. “Based on my review of it, I don’t anticipate any problems. I anticipate we are good to go Tuesday.”
Lane was charged two years ago with one count of DUI manslaughter in connection with the 2006 traffic accident in which Gerry Morelock, 56, died.
Police said Lane’s blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass slow traffic on State Road A1A south of Melbourne Beach, Florida. He crashed his Dodge pickup head on into Morelock’s small Yamaha motorcycle on Sept. 4, 2006, police said.
In light of ongoing legal discussions over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove that Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter.
Both charges are second-degree felonies in the State of Florida, punishable by up to 15 years in prison.
But under the terms of the plea deal, Eisenmenger said prosecutors will drop the DUI manslaughter charge. Instead, they will seek a nine-year prison term for the vehicular homicide charge, a term Lane is eligible for under state sentencing guidelines when his prior criminal record is considered.
Eisenmenger will seek a sentence that calls for no time in prison. “We believe there are mitigating factors in this case. . . . And we’re going to be presenting those to the court at sentencing,” he said.
Since the crash, Lane’s public persona has suffered, but he still seems to be popular at biker and motorcycle events.
A message on his motorcycle shop’s Web site says the shop is closed to the public, though merchandise is available for purchase online. Court records indicate that Lane’s Melbourne Beach, Florida home is going through foreclosure.
Lane reached a confidential out-of-court settlement on a wrongful death suit filed by Morelock’s family. Also, records show that Erin Derrick, a 22-year-old woman who was in the car with Lane at the time of the crash, is suing him for injuries she says have rendered her unable to work.
If Billy Lane does change his plea to no contest tomorrow, I will comment more on this issue at that time. Everyone who reads the Biker Law Blog knows how I feel about people who kill bikers and motorcyclist.
American Suzuki Motor Corporation announced that an extraordinary safety defect in 2005 and 2006 GSX-R1000 model sport bikes has been causing cracking and breakage in the front wheel/fork assembly and behind and below the steering neck of the motorcycle. Frame fractures are serious safety defects that destabilize and otherwise adversely affect the handling and maneuvering characteristics of motorcycles so as to make it nearly impossible for even the most experienced and talented riders to avoid a catastrophic crash.
This is a urgent safety problem. If you have one of these motorcycles DO NOT RIDE IT. CALL YOUR LOCAL SUZUKI DEALER NOW. IF YOU HAVE BEEN INJURED DUE TO THIS DEFECT CALL US NOW AT 800-816-1529 EXT. 1.
The defect in the frame of the Suzuki GSX-R1000 sport bikes is so significant that it has caused the entire front steering assembly to completely separate from the body of the motorcycle while unsuspecting drivers were in the act of operating this dangerous machine! If you or a family member has sustained injury while operating one of these Suzuki sport bikes, call the our law office at (800) 816-1529 ext. 1, so that our experienced team of trial lawyers can help you pursue compensation for your harm.
Suzuki, perhaps unsurprisingly, has refused to take responsibility for manufacturing and selling such an incredibly defective sport bike. Suzuki Motor Corporation has instead attempted to point the finger at the purchasers and drivers of their motorcycles, claiming that the cracking and breaking of these frames is attributed to reckless drivers who engage in dangerous stunts and illegal driving activities which places an unusually high amount of stress on the frame of the motorcycle.
However, Suzuki has initiated a recall campaign as of late January, 2009, in which the company will either replace broken and cracked frames or retrofit affected bikes with a brace to minimize the potential for frame cracking and breakage. This massive recall covers more than 26,000 model year 2005 and 2006 GSX-R1000 motorcycles!
If you own or ride one of these Suzuki sport bikes, you should have already received a notification letter from Suzuki explaining the possible safety defects in the frame and requesting you to return your motorcycle to a Suzuki dealership as soon as possible. Suzuki also asked its individual dealerships to attempt to personally contact customers and inform them of the recall initiative. It is of the utmost importance for all owners of a recalled sport bike to trailer the motorcycle to a Suzuki retailer before any future operation of the bike is undertaken.
A word to the wise: Do not be fooled! The frames of the recalled GSX-R1000’s may have cracks that are so faint they are not visible to the naked eye. Even the slightest of hairline cracks can lead to partial or total separation of the frame while driving. Furthermore, frames that are currently defect free may, at any moment, sustain a crack or break which can cause you and your bike to become painfully familiar with the asphalt.
Under the rules governing this recall, Suzuki must abide by guidelines approved by the National Highway Traffic Safety Administration for inspecting and remedying the dangerous sport bikes. Specifically, if Suzuki does detect any sort of crack or breakage anywhere in the frame, the company must replace the frame with a new frame that is equipped with a reinforcement brace. In the event that Suzuki does not detect any damage to the frame, a reinforcement brace must be attached to the current bike frame using bolts and epoxy adhesive. In order to provide for the safety of yourself and others, it is critical that owners of 2005 and 2006 model year GSX-R1000’s take immediate action in response to Suzuki’s recall campaign!
Suzuki claims that the reinforcement brace is made of lightweight, slender aluminum that will not affect the appearance, handling or performance of your motorcycle. Additionally, the company is providing a five-year warranty covering the frame and brace, effective as of the date of the brace installation.
If you own a motorcycle that is covered by this recall initiative, the inspection and appropriate repair or replacement will be done free of charge. However, Suzuki has noted some forms of service and repair that will not be covered under the recall. For example, customers will have to shoulder the cost of repairs attributable to crashes or other similar incidents caused by the safety defect.
If a family member has died or you or a family member has been njured while operating a Suzuki GSX-R1000 sport bike, my law firm, The Law Offices of Norman Gregory Fernandez can see to it that your legal needs are fully and carefully represented, so that you can get the compensation you are entitled to. You may call our hotline at 800-816-1529 ext. 1 for a free consultation now.
Visit the links listed below to view the Suzuki Customer Notice and Consumer Affairs Information regarding Suzuki’s recall campaign.
The San Bernardino Sun Reported that a Southern California Motorcycle Rider, Anthony “Taz” Williams was killed while riding his motorcycle to work in San Bernardino, when a 74 year old man named Gregory Martinez turned left in front of him. The 74 year old man claimed the sun was in his eyes as the excuse for his failure to ensure that there was no oncoming traffic before he made his turn. Mr. Martinez was allowed to leave the scene of the accident pending an investigation. The article stated that the San Bernardino Police stated that Mr. Williams could have avoided the accident had he used “perfect braking.” The article is no longer available online from what I can tell.
First off I want to send my prayers and condolences to the family of Anthony “Taz” Williams. This is a horrible tragedy. No biker or motorcyclist deserves to be hit and killed simply because they are just riding their motorcycle to work.
With respect to a legal analysis of the motorcycle accident, it looks like the same old song and dance. A negligent cager violates the California Vehicle Code, kills a biker, and walks away scot free. At the minimum, Gregory Martinez should have been cited for an illegal and/or unsafe left turn, at the optimum, Gregory Martinez should have been arrested for vehicular manslaughter.
The reality of this motorcycle crash and countless others is that Anthony “Taz” Williams did not have to die. Had Gregory Martinez simply paid more attention as he was driving, Mr. Williams would still be alive. A simple one or two second pause sometimes means the difference between life and death.
Although it is an outrage that the Police apparently are not going to go after Gregory Martinez criminally for killing a biker, there is something the family can do civilly to get justice. They can retain a biker and motorcycle accident lawyer to sue for wrongful death. Nothing can bring Anthony “Taz” Williams back, but the law does allow the family to be compensated for their loss. The dream of “perfect braking” is an outrage!
It is time for California Legislatures to enact laws that will protect California Bikers and Motorcyclist from cagers like Gregory Martinez. Yes, I know that all human beings make mistakes, and are not perfect. That does not mean that motorist who kill bikers by their mistakes should not be held accountable!
Our Motorcycle Accident Law Firm, The Law Offices of Norman Gregory Fernandez & Associates, 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.