Category Archives: Fatal Motorcycle Accident

Articles related to fatal motorcycle accidents, or motorcycle accidents where the rider, the passenger, or both die as a result of the accident

Some Simple Motorcycle Safety Tips – They Can Be Life Savers!

Califonria Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

Califonria Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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.

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

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Motorcycle Crash northeast of Bakersfield leaves the Motorcycle Passenger Dead

Bakersfield fatal motorcycle accident Christmas 2009A 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 .

By Bakersfield Motorcycle Accident Attorney and Lawyer Norman Gregory Fernandez, 2009

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Bad weather in California causing hundreds of Car, Truck and Other Motor Vehicle Accidents; Be Careful.

California Personal Injury Attorney and Lawyer Norman Gregory Fernandez

California Personal Injury Attorney and Lawyer Norman Gregory Fernandez

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.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

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Motorcyclist dies during motorcycle stunt; This did not have to happen

Victorville California Motorcycle Accident Scene

Scene of fatal motorcycle accident in Victorville.

VICTORVILLE – California

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?

This did not have to happen!

Victorville Motorcycle Accident Lawyer and Biker Attorney

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Billy Lane Gets Six Years in Prison for Vehicular Manslaughter – A Follow Up.

Custom Motorcycle Builder Billy Lane is sentenced to 6 years in prisonYou 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.

May Gerry Morelock rest in peace.

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

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A Young Biker is Killed by a Woman Who Crossed a Double Yellow Line to Pass a Car.

Killed Biker Martin Allen Lacy
Martin Allen Lacy
R.I.P.
1983-2008

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 law@norman-law.com. We will pass on all emails to the family.

For mor information about the case go to www.martinallenlacy.com.

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
internet: www.thepersonalinjury.com
email: law@norman-law.com

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.

Where is the justice for my beloved son?

Debra P. Lacy
Mother of Martin Allen Lacy

By Biker Lawyer and California Motorcycle Accident Attorney, © 2009

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A Horrible 30 Motorcycle Pile Up Accident in Oregon Injures Many Bikers.

massive 30 motorcycle accident in Oregon

scene of massive 30 motorcycle accident in Oregon

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.

If you want to read a story about this accident that does not seem to be biased about the club members in this accident you may click here now to read it and watch a video about the accident.

May god be with the injured bikers and motorcyclist who were involved in this accident, and their family members. Bikers and Motorcyclist are human beings and deserve respect just like anyone else.

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

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Motorcyclist killed on Uvas Road in Morgan Hills, CA Identified

California biker lawyer and motorcycle accident attorneyThe 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.

Morgan Hill Motorcycle Accident Attorney

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

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

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

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

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

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

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

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

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

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

Gilroy – California

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

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

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

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

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

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

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

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

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

California Motorcycle Accident Lawyer

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Billy Lane to Face 9 years in Jail as Part of Plea Bargain Deal

Billy Lane 2009 *** August 18, 2009 Update.

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.

Billy Lane 2006But 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.

California Biker Lawyer Norman Gregory Fernandez, Esq., 2009

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Suzuki Issues Urgent Recall For GSX-R1000 Motorcycles

Product Liability Attorney Norman Gregory Fernandez discusses the urgent recall of Suzuki GSX-R1000 motorcycles.Chatsworth, California –

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.

http://www.suzukicycles.com/Recalls/pdf/GS_GSX_GSXR_192_WebsiteLetter.pdf

http://www.consumeraffairs.com/recalls04/2009/suzuki_gsx.html

By Defective Motorcycle Personal Injury Attorney

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A Negligent Driver blames Sun Glare in Fatal San Bernardino Motorcycle Crash; Where is the Justice?

San Bernardino Motorcycle Accident Lawyer Norman Gregory Fernandez discusses fatal crashThe 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!

By San Bernardino Motorcycle Accident Lawyer Norman Gregory Fernandez, © 2008

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When a Dangerous Condition on Public Roads Causes a Motorcycle Accident; What Do You Do?

California motorcycle accident lawyer Norman Gregory Fernandez discusses claims against public entitiesI have handled many motorcycle accidents that were caused solely by dangerous conditions on public roads and highways. Many bikers and motorcyclists don’t realize it, but when a dangerous condition on a public road causes a motorcycle accident, in many circumstances a public entity might be responsible not only for the accident, but for your damages that result therefrom.

These types of accidents are not your garden-variety rear renderer, left-hand turn, or vehicle on vehicle accidents. A motorcycle accident due to a dangerous condition on a public road is a much more complicated type of case.

I have handled cases that run the gambit of dangerous conditions on public roads such as; potholes on the road that made the road look like a moonscape; large sinkholes on public streets; stop sign hidden by brush; rock like outcroppings on what should be a smooth street; construction crews failing to warn motorists that they were doing construction ahead, etc.

The reason these types of cases are complicated is because they don’t have a simple defendant or two, and their insurance company to deal with. In these types of motorcycle accident cases, 99% of the time you’ll be going after a public entity such as a city, county, or even a state. If the accident occurred on federal property such as a military base, you might be going after the federal government. In this article I will only be dealing with a state claims, or public entities within states.

One thing is for certain, if you are the victim of this type of accident, whereby the accident was due to a dangerous condition on public roads, or highways, you’ll need to retain a competent attorney that knows how to deal with such claims.

You are not going to want to hire a personal injury firm that is a settlement mill, or a firm that advertises that they handle motorcycle accidents, but have no attorneys that actually ride motorcycles. You are going to want to hire experienced motorcycle accident attorneys that not only ride motorcycles and are familiar with dangerous conditions on public roads, but are also experienced in doing with such claims against governmental entities, as well as lawsuits against governmental entities.

My law firm has handled many such claims against governmental entities all over the state of California. The bottom line is that not only motorcyclists, but all motorists whether they were riding in cars or trucks, deserved to have a road, highway, or freeway that is free from dangerous conditions.

These are not the type of cases that a person who is injured wants to wait to retain an attorney on. You see you only have six months under the California Government code to file a claim against the governmental entity for your personal injuries, and property damage. If you fail to file a claim within six months, you may be apply to the governmental entity for leave to file a claim, however applications for leave to file a claim are almost always denied. In other words, if you don’t file the claim against the governmental entity within six months, your shit out of luck and will have lost your ability to file a lawsuit for your injuries.

In my experience, 99.99% of all claims against governmental entities are either rejected or denied. If the governmental entity formally rejects a claim for personal injuries in writing, you’ll then have only six months to file a lawsuit against that government entity. Basically, all such claims eventually result in us having to sue the governmental entity.

If you have suffered a personal injury whether it be due to a car accident, motorcycle accident, truck accident, or other motor vehicle accident, due to a dangerous condition in a public road, highway, or freeway in the state of California do not mess around. Call my office at 800-816-1529, extension 1. We will tell you over the phone if you have a good case.

By California motorcycle accident lawyer Norman Gregory Fernandez, © 2008

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Does Being Overweight Affect Your Rights in a Motorcycle Accident Case?

California Motorcycle Accident Attorney Norman Gregory Fernandez discusses whether being overweight will affect you in a motorcycle accident case.First off, if you are overweight and a biker, I hope you do not take this article the wrong way. This article will discuss two things: (1) does being overweight affect your rights in a motorcycle accident case; and (2) does being overweight affect your ability to ride a motorcycle.

I will first discuss how being overweight may or may not affect your ability to ride a motorcycle.

As many of you probably already know, obesity is a huge problem in the United States of America.

For instance, I just got back from walking at the shopping mall. I would say that well over 50% of the people in the mall were not only overweight, but what I consider to be obese.

Notwithstanding this fact, I do not see why a person who is overweight cannot safely operate a motorcycle. As a matter of fact, I personally know people who I would consider to be obese, and yet are outstanding motorcycle riders.

Being overweight may be a consideration with respect to that type of motorcycle a person may want to ride, such as a sport motorcycle v. cruiser type of motorcycle. It may be more comfortable for a person who is obese or overweight to select the cruiser type of motorcycle. The way I look at it, to each their own.

A motorcycle rider, whether they are skinny, medium build, or overweight, should take an appropriate motorcycle safety course, when beginning to ride, and maintain their skills; however I do not see weight being a factor one way or another.

With respect to the issue of whether being overweight, would affect your rights in a motorcycle accident case, I would say no, unless you as a motorcycle rider are somehow at fault. I wrote an article previously discussing how pre-existing conditions should not affect a personal injury case. You can read that article by clicking here now.

In human nature there is a tendency to discriminate against people who are different. This holds true for people who are overweight or obese, who are also the victims of discrimination. If you are overweight, and have been in a motorcycle accident, you are going to want to retain an attorney, who knows how to deal with the issue of pre-existing conditions, and a jury’s tendency to discriminate against people who are different.

I am that type of attorney. As an example of a worst-case scenario type of motorcycle accident case; I am representing a man from northern California, who sustained horrendous injuries in a motorcycle accident. Months prior to his accident, he had surgery to put a band around his stomach so that he could lose weight. At the time of his accident, he was obviously extremely overweight. Notwithstanding this fact, he was rear ended by a negligent cager. Among other injuries, the surgeons had to go back into his body to reinstall the band around his stomach.

My firm will eventually get this gentleman, a very high settlement or judgment for his injuries. You see a defendant has to take a plaintiff as he finds them. This holds true whether the defendant is obese, or has other pre-existing conditions.

If you are overweight, obese, or have other pre-existing conditions, and have been the victim of a motorcycle, or other motor vehicle accident, you may call my law firm for a free consultation at 800-816-1529, extension 1. I will tell you over the phone whether you have a good case.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I really would appreciate your comments on this subject.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

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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

Welcome, my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer. Click on the About Me Tab on Top to find out more about me

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