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

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

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

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

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

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

Enjoy my articles below, there are hundreds of them!

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

Category Archives: Motorcycle Safety Tips

Motorcycle safety tips that all bikers and motorcyclist should be aware of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Officer found guilty for shooting, click here for story.

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

Lucky to be alive after the Laughlin River Run 2010; however, we still had a good time!

California Motorcycle Accident Attorney Norman Gregory Fernandez at the Laughlin River Run 2010
California Motorcycle Accident Attorney Norman Gregory Fernandez at the Laughlin River Run 2010

See Videos Below

Well the title says it all, my wife and I owe our lives to god after this years Laughlin River Run. I will explain below.

If you did not know it, it is said that the Laughlin River Run is the largest motorcycle rally in the western United States, and some people say that it is the second largest motorcycle rally in the nation next to Sturgis. It is a great time.

You can read an article I wrote about a previous Laughlin River Run that I did by clicking here.

This year’s run began when we packed up my Harley Davidson Electra Glide to go to the Laughlin River Run 2010 on Friday, April 23, 2010.

Since I had to be in Court early Friday morning in Victorville, CA, we could not leave for the Laughlin River Run until Friday afternoon. Many of my friends left on the Thursday, the day before, but I could not go with them because I had to be in Court.

Therefore my wife and I planned on riding alone to Laughlin. By the time I did my pre-ride routine, and we got the motorcycle all packed up, it was very late. We did not get out of dodge until around 7pm; it was already dusk. I had to make a couple of stops along the way before we got on the road. Read the rest of the article below the videos.

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By the time we hit the Pearblossom Highway, it was almost dark. We made good time to Victorville and onto the I-15 east. We stopped at Denny’s in Barstow and had dinner because we knew we would not get into Laughlin until around 1am or so according to the GPS.

Once back on the road we made good time from the I-15 to the I-40 split. If any of you have ridden on the I-40 between Barstow and Needles, you know that this is amongst the most isolated and desolate places in the United States. This is the Mohave Desert and there is nothing there except Rattlesnakes, Scorpions, and a couple of gas stations along the way.

While on this road we hit some pretty good speeds to say the least, I love riding through the desert at night, there is something spiritual and empty about it. We eventually passed a sign that said “next services 55 miles.” My odometer was already at around 60 miles since my last gas stop. I knew my Harley would easily make the next gas stop in 55 miles so that is where I decided to make my last gas stop before Needles.

Saying that I was riding at a pretty good speed is an understatement. I will just say this, I opened her up on the open road, we were hauling ass. As usual, I rode one handed a lot to relieve stress and give each hand a break from holding on. I was riding like normal, everything seemed normal.

We then approached the last desolate gas station in a shit hole called Essex; this is the place that I planned on stopping to get fuel before we got to our motel in Needles. It was around midnight by this time.

As I got off of the I-40 into the darkness, at a very, shall we say, decent rate of speed, I was still holding on one handed and banking normally. I then downshifted and slowed her up until we got to the stop sign at the end of the ramp.

When I accelerated out of 1st gear the motorcycle started to wobble uncontrollably. You must understand, I have been riding for many years. I immediately knew that something was seriously wrong. I stopped the motorcycle, and tried again; same thing. My wife was on the back.

The gas station on the exit where we stopped was at least a mile down a curved road from where you exit. You could not see it from where I stopped. We were basically just under the bridge in the middle of the friggen desert at night, it was pitch dark, and there was nothing out there with us except snakes, scorpion, coyotes, and god knows what else.

I got my mini led flash light out of the tour pak to see if I could see anything wrong with the motorcycle, everything looked fine. I pushed down on the motorcycle to see if there was something wrong with the shocks, they seemed fine. Everything looked fine. I thought it might be the road which was very rough and irregular. I got on the bike and tried again; same thing, an uncontrollable wobble.

I knew we could not sit out in the desert. Literally at this time in the morning on the I-40 there is very little if no traffic at all. On this particular off ramp there was no one and no light. It was pitch dark. So I proceeded to 1st gear ride the wobblier all the way to the gas station which seemed like a very long distance from the ramp, with my wife on the back.

I very much wanted to accelerate faster to see if the wobble would go away, but frankly the wobble was so bad, even at a couple of miles per hour I could barely control her to get to the gas station. I did not want to take any further chances on dropping the motorcycle, or getting my wife and I injured.

I am telling you, it took all of my concentration, and nerve to get the damm thing down the road. It was wobbling violently all the way.

Upon arrival at the gas station, I recognized it from previous trips I have taken on the 40. It is a unique place in the middle of no where. They have no pay phone, no air for tires, and the guy that works there at night looks like one of the guys from the movie Deliverance. They also have a bunch of fish tanks in the place. This place is literally isolated in the middle of no where.

Once we got there, I inspected the motorcycle and could not see anything visibly wrong with the motorcycle. I have AAA roadside service with premier RV and Motorcycle coverage, so I decided that I had better call AAA and get the motorcycle towed back to my home.

To make a long story short, there was no cell phone coverage at the gas station, they had no pay phone, and they guy behind the counter said I could not use his phone. After purchasing a couple of drinks for my wife and me, I finally convinced the guy to let me call AAA which is an 800 number. While I was on the phone with them, the guy at the counter kept on telling me that I had to get off because it was a business line; you get the picture we were screwed and at the mercy of this guy at the gas station for now. AAA told me that they would have someone there in two hours. Two hours! I told them I wanted to get the motorcycle towed back to my house.

It was cold as hell outside by this time in the desert after midnight. Luckily, there were some seats inside. Unfortunately, the guy that worked in the gas station seemed to have a few nuts loose. He must have had a hearing problem, because he screamed when he talked to you, and the guy would not stop talking. My wife and I wanted to just sit there and wait for AAA; instead this guy came to where we were sitting and non stop talked the entire time. I should say he non stop yelled the entire time.

While we were waiting, a couple of motorcycles stopped in at the place. A couple of guys from a famous motorcycle club also stopped in. 4 total motorcycles. We all came to a consensus that I had a flat rear tire.

Although my rear Metzler 880 tire was basically new with all of the tread on it, and it appeared to be fine, upon a closer inspection of the tire, as the guys watched me ride it slowly in the gas station lighted area, they said it looked flat. One guy said that motorcycle tires are heavy duty, and appear to be ok even when they are flat. None of us had a tire gauge, and the gas station did not have one.

This was a new one on me. I always change out my tires when the tread appears to be worn. I have never experienced a flat motorcycle tire before.

I purchased some fix a flat from the gas station to see if I could get the tire up and working. AAA called at this time, I told the guy who was actually coming out from AAA that I wanted to be towed home. He then dropped the news that the premier towing plan that I paid for only covered 100 miles for RV and Motorcycle, it is 200 miles for a car. I told him that I was going to try fix a flat and for him to call me back. The fix a flat did not work, and luckily it did not work. I knew it would be a bad move to try to ride in the middle of the desert in the middle of the night on fix a flat, plus the bottle said it was not for motorcycle use. When the AAA guy called back, I told him that we were just going to have it towed to our motel in Needles, CA.

So there we sat in the middle of no where, in the middle of the night, with a guy from the movie deliverance that would not stop talking to us, waiting for AAA, with no cell phone service, basically stranded. It was very cold outside. This was the beginning of our Laughlin River Run 2010 experience.

At around 2am we got a break from the action when some drunks pulled in and started fighting with each other about one of them putting out some gas money. Other than that we were stuck, and there was no customers coming in.

Finally the AAA guy showed up with an SUV and a trailer two and half hours later at 2:30am. We got the bike on the trailer and as he was strapping it in he broke off one of the reflectors on my front frame. I was not going to say shit because I just wanted to get the motorcycle towed to anywhere but where we were at.

After a 40 mile trip at 55 miles per hour (speed limit of vehicles with a trailer in this part of the country) we finally got to the motel at around 3:30am. We got the motorcycle off of the trailer and I was bummed. The guy gave me the card of some bike shop in Fort Mohave across the river. I would call them in the morning after a few hours sleep.

At this point while we were in the Motel, I realized that my wife and I were lucky to be alive. I cannot stress this point enough. Over and over in my head I tried to remember a point in the trip where I felt that something was wrong with the motorcycle. Had the motorcycle gone into a wobble of the type that we had when we got off of the I-40, at lets say 90 miles per hour, we would have been history, we would most likely be dead.

Think about it; I was riding one handed at speeds of 70mph plus and my rear tire had gone flat somewhere along the line. We could have crashed and no one would have seen us until they were running over us, or we could have gone off of the side of the road, and not be seen until daylight or even days later. This is how dark and desolate this stretch of the desert is. The only explanation I have for us not crashing that night was that GOD was watching over us. We are now still alive because of the grace of god.

This experience has changed both my wife and I. I am going to write a separate article on this subject, but suffice is to say; I am now much more cognizant of each and every bump and cranny while riding the motorcycle. After years of meticulous detail in checking my tires and tread, I finally had a catastrophic failure that could have been fatal. Thank GOD we made it out of this one alive and ok.

We did not get to sleep until around 5:30am Saturday morning. I set the clock to wake up at 9am so that I could call the shop on the card that the tow truck driver gave me. The tow truck driver told me that there was no Harley Davidson dealership within a hundred miles.

When we woke up in the morning, we discovered that our cell phones did not work in Needles either. Needles, California is a small desert town on the Arizona, Nevada border. I used the motel phone to call the shop on the card that the tow truck driver gave us. A girl answered the phone; XXX (I will not write their real name) and tattoo shop. I immediately knew I was screwed. Tattoo shop? I told her that I needed a tire for my Electra Glide. When she asked me for the size of the tire, I knew I was in trouble at that point; any reputable Harley shop knows the size of a stock Harley Davidson tire. I gave her the tire size. When she told me, “oh yes, we have some good used tires in that size available,” I knew that I needed to find a better solution.

There was no way in hell that I was going to ride with my wife on a used tire in the middle of the Mohave Desert.

I found the yellow pages in the room; it was the thinnest yellow pages I have ever seen. I looked under motorcycles. There was a small square ad for Harley Davidson’s, Honda, etc. They were located in Kingman, Arizona about 70 miles from where we were at. I called them up. Turns out that they were a Harley Davidson dealership. The gal on the phone said that they had 19 tires in stock. I did not tell her I had a Metzler on the bike, I knew she was referring to the stock Dunlop that comes with the motorcycle. I did not care, I was desperate. I told her that I was towing the motorcycle in.

I then called AAA, and used up another one of my 4 tows for the year, and told them I wanted to get my motorcycle towed to the dealership in Kingman. They told me that they would be at the motel within an hour.

My wife and I at this point were hungry, in need of coffee, and not having a very good time at all to say the least. My wife contemplated staying in the room and sleeping while I got the motorcycle repaired. Lucky for her she decided to come with me as you will read below. There was no food or restaurant anywhere close or within walking distance to the motel where we were staying.

Finally the tow truck driver arrived with a big flat bed tow truck. The guy had fresh oil spilled all over the flat bed from a car he towed previously; he had not cleaned it. I just wanted to get my motorcycle to the Harley Davidson dealership in Kingman.

The guy seemed like he knew what he was doing. I expressed my concern as I rode the bike onto the flatbed that if the tires hit the oil or my foot hit the oil I could drop the bike. He said “don’t worry; I know what I am doing.”

He strapped the bike on the flatbed, and we proceeded to drive the one hour to Kingman in the tow truck.

While on the I-40, in Kingman, we could see what appeared to be a big motorcycle event to the left. There were thousands of motorcycles, tents, a band, trailers, you name it; it was the friggen Harley dealership we were going to. They were literally having a rally and poker run to go along with the Laughlin River run. No one on the phone told me that this event was going on! It would not have mattered either way, we were stuck and this was the only game in town.

As we got off of the freeway and made a turn, the tow trunk driver pulled off the road and said he “had to check my bike, it looks like the straps have come loose.” As I got out of the truck, I saw my beautiful and treasured Electra Glide sitting squarely on its side on the flat bed truck. The bike had fallen over. I could not fucking believe it. There was my motorcycle that I polish and take care of like nothing else in my life sitting on its side on the flatbed truck. I was too tired, and too desperate to get out of this BS situation to scream at or punch the guy. I told him the straps are not holding my bike, the bike had fallen all the way over. He knew it. I could see that he was embarrassed. He told me that he would take care of any damage.

We then lifted my motorcycle back up. I did not see any visible damage. He strapped the bike back up and we went the ½ mile to the Harley Dealership. Picture this, there were police, there was security, there was thousands of motorcycles and people, they had the entrances to the dealership all blocked off to traffic, it was a damm festival/rally. The guy in the tow truck asked me if I could get the motorcycle in from the street, through all of the people and motorcycles. I said hell no, I had a flat tire and could barely hold the thing up with the wobble with no people around.

I jumped out of the truck and told one of the security guys that we were going to service. Almost instantly, the guy removed the blockade from the entrance, and ran in front of the tow truck, parting the way for us, all of the way to the gated service entrance. I was amazed and so was the two truck driver.

The guys from service all jumped on the back of the flatbed. They all bitched about the fresh spilled oil on the flatbed, but we got the bike off. I told them that the bike had fallen on the flatbed, and they all gave me empathy. At this point I felt like everything was going be ok, I was home, at a real Harley Davidson dealership.

The tow truck driver gave me his card and told me not to worry, that he would take care of any damage. I did not give him a tip because he dropped my bike.

So there we were, at the Kingman, Arizona Harley Davison Dealership, during Laughlin River Run weekend, with thousands of other people. Yippee. As it turns out, there were a lot of other people that broke down, and who were in service just like us.

The service gal told me that they had the Metzler 880 in stock, which made happy that I would not have to ride with a mismatched Dunlop stocker on the back. I told her “hell since I am here, why don’t you also do an inspection of the motorcycle, check the timing, and change out the fluids.”

I run with fossil oil in all of my motorcycles. This dealership told me they only used synthetic, so I went with what they had. I was happy. Hell at this point I really did not care about cost, I just wanted to get back out on the road; well I should have been concerned; they ripped me off! I will talk about that below.

I was told it would take two hours to replace the tire, and to do what I had asked. Great!

By the way, we still had no cell phone service in Kingman, Arizona, which made it impossible for us to check messages or get a hold of our friends in Laughlin.

So there we were. We got to the dealership at around noon. We were hungry. Everything we needed was at the dealer event; we got some good food, some lemonade. They had beer and such, but neither I nor my wife drink alcohol. We checked out the vendors, we basically had a good time.

However, when 3pm rolled I became concerned. I went up to the desk. I was told that there were motorcycles still ahead of me. At 4:00pm I noticed that my motorcycle was still sitting out back and had not been touched. I was told that I was next.

The dealership was scheduled to close at 6pm, and the crowd was starting to significantly thin out. At 5pm, my bike was inside being worked on, but no word. The gal at the desk told me that she would find me when the bike was done.

At 5:45, I told my wife to go ask about the bike; I knew the gal at the counter was sick of telling me to wait. At this time I saw the mechanic test riding my motorcycle back into the service gate; thank god, my baby was ready to rock and roll. Before my wife came to tell me, I knew my motorcycle was ready; with 15 minutes to spare before they closed.

It was 9 hours since we woke up, and 6 hours since we got to the dealership.

When I got the counter I had a sinking feeling that they were going to overcharge me, boy was I right. When I asked how much do I owe, she said $500.00. Five fucken hundred dollars, to replace a rear tire, change the fluids, inspect the bike, clean the air filter, and add brake fluid. I was shocked but I did not say anything because I was grateful that my wife and I were alive, and that my bike was fixed.

It could have been much worse. Hell the tow alone from the motel to the dealership would have cost $400.00 had I not had AAA premier membership.

I bit my lip and gave her my Visa checkcard. Earlier at the dealership parts desk, I purchased a reflector to replace the one that the original tow truck guy broke off, and a paint repair kit to fix a couple of dings I have in the paint. The dealership nailed me for $500.00. Hell in the San Fernando Valley, I got both tires replaced for less money.

The gal told me that they inspected the motorcycle from the fall on the tow truck and that there was no damage. Hell I did not even see a scratch; another miracle. She told me that I would soon need to get new brake pads, but other than that, I was good to go.

I asked her what was wrong with the original rear tire. She brought it out and told me to look inside. She said you could see an imperfection inside. To me it still looked like a brand new tire. There was no holes, nothing to explain why it went flat, other than a supposid defect inside.

Another troublesome thing is that she told me that the reason my bike took so long to get done was because the mechanic could not balance the first Metzler they put on, they had to use a second tire. This concerned me, and still does. Is there a problem with the rim?

Suffice is to say I was more relieved than pissed off at this point. I cannot explain how happy I was to get my motorcycle back working. If you are going to take a long road trip, make sure you have money or a credit card just in case something goes wrong!

When we finally got into Laughlin on Saturday night, the rally nightlife was in full swing; it seemed like we missed everything. Because it was night, most of the vendors were closed, but there was still a lot happening.

We went to the Edgewater Casino, where I proceeded to loose about $200 bucks within a half hour on the slot machines. I could not win anything, not even a teaser! It became apparent to me that my luck on this trick was just not there, and we would just be lucky to make it home alive and safe.

We decided to go into the nightclub at the Edgewater and dance a bit. We had fun. We rode back to our motel in Needles and crashed out at around 4 or 5 am.

When we got back to Laughlin at around 2 on Sunday afternoon, the rally was closing down and everyone was heading out. The vendors were all closing up, but there were many still open. We missed most of the goings on because of the bike issues.

What did I do? I bought a rally shirt, and then proceeded to loose another $150 bucks and the slots and blackjack. My wife did not do any better. We waked along the river a bit, socialized with some of the people, and then decided to hit the road.

We had a good run back home, arriving at around 2am.

Will I be back at the Laughlin River Run next year? Hell Yes, I cannot wait.

Maybe next year I will tell you more about the actual rally itself.

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

Truck Driver Charged in Fatal Arizona Motorcycle Crash

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.
Motorcycles on the ground after horrible motorcycle accident in Arizona

The dump truck driver responsible for the deaths of four motorcyclists in a horrendous rear ender crash in Arizona has been arrested after toxicology results found methamphetamine was in his system on the day of the crash.

46-year-old Michael Jakscht is being charged with 4 counts of manslaughter, 5 counts of aggravated assault, and 7 counts of endangerment. He is being booked into the Maricopa County Jail.

Phoenix Police say that Jakscht was driving the truck that plowed through a group of eight motorcycles stopped at a red light at Carefree Hwy and 27th Ave back on March 25.

Three men caught under the truck and dragged were killed almost instantly. They were 67-year-old Clyde R. Nachand, 35-year-old Daniel L. Butler, and 52-year-old Stephen Punch. A female driver, 47-year-old Dayle Veronica Downs-Totonchi, died the next day from her injuries.

Phoenix Fire Captain Ernie Lizarraga was also one of the several victims seriously injured.

Officers arrested Jakscht Tuesday in the area of Highland and State Route 51.

Jakscht was being watched at his residence in Scottsdale. The surveillance team saw him leave and he was stopped by officers who observed impaired driving behavior.

Jakscht has been under surveillance ever since the fatal crash, as police waited for toxicology test results. The test results were completed in record time and illegal drugs — methamphetamine — were found present in Jakscht’s system, according to police.

Crime lab tests usually take between 4 to 6 weeks, but police made this test a priority and it was completed in two.

There are possible charges pending for impaired driving.

The accident is still under investigation.

I cannot believe that Arizona waited so long to arrest this guy.

California Motorcycle Accident Attorney Website

What is Causing the recent Rise in Motorcycle Accident Deaths?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.

3 Phoenix Arizona Motorcycle riders mowed down and killed After Being Rear Ended in a Horrible Crash.
Scene of horrendous motorcycle accident in Arizona.

PHOENIX — Arizona

**** 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.

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

Green Bay Packers Spencer Havner arrested following Motorcycle Accident

Green Bay Packers Spencer HavnerGreen Bay Packers tight end Spencer Havner was arrested early Saturday morning after he was injured in a motorcycle accident in an unincorporated area of Nevada County in California.

According to the California Highway Patrol, the former Nevada Union High School star was riding on a cul-de-sac off Indian Flat Road at about 2:45 a.m., when he lost control of his 2007 Kawasaki and crashed.

Havner was transported to Sierra Nevada Memorial Hospital, where he was found to be under the influence and arrested, according to CHP reports.

“There was a smell of alcohol, he was babbling somewhat and the on-site investigating officer determined that he was under the influence of alcohol,” said Grass Valley California Highway Patrol spokesman Eric Wagner. “The subject couldn’t remember what happened or falling off.”

Wagner said Havner, 27, was not wearing a required helmet and, according to the preliminary report filed by the arresting officer, Dina Hernandez, Havner sustained “major injuries,” including a broken shoulder blade, lacerations to his head and left arm.

Wagner said Havner was transported to Sutter Roseville Medical Center after blood was drawn.

“The sobriety field test was limited based on his injuries,” Wagner said. “But in the officer’s opinion (his blood-alcohol level) was greater than 0.08 percent.”

A final report will be forwarded to the Nevada County District Attorney’s office, likely early next week, when it will be determined if charges will be filed.

Havner’s representative, Mark Humenik, a general counsel for Athletes First, told the Milwaukee Journal Sentinel his client “suffered only minor injuries.”

While Humenik confirmed Havner broke his scapula (shoulder), he should be fully recovered “in short order.”

“We have spoken to Spencer Havner about the injuries he sustained in a recent motorcycle accident near his home and we are monitoring the situation,” Packers spokesman Jeff Blumb said in a statement.

Nevada Union coach Dave Humphers, who mentored Havner, was shocked by the news. He said he has yet to talk to Havner.

“I just hope he’s OK,” Humphers said. “Spencer has always been a solid guy. He’s never been in trouble of any kind.”

Havner starred at UCLA but was undrafted in 2006. The 6-foot-3, 250-pounder spent parts of three seasons trying to make the Packers as a linebacker. Last season, Havner, nicknamed “Duct Tape” for his ball-catching skills, switched to tight end and caught four touchdown passes.

The Packers offered Havner a tender as an exclusive-rights free agent earlier this month.

Let me tell you that Spencer Havner is lucky to be alive. To be frank he is an idiot for drinking and riding a motorcycle, let alone without a helmet. The injuries he suffered are painful and severe. I am sure the driving while under the influence will be the least of his problems.

Under no circumstances should anyone ever drink and ride a motorcycle, especially without wearing the proper safety gear.

I know lots of guys who enjoy one or two beer while on motorcycle road trips, thinking that only a couple of beer will not impair them; well B.S. it does.

There is no room for error while riding a motorcycle. I wish Spencer Havner a full and speedy recovery; hopefully he has learned his lesson about drinking and riding a motorcycle. Many bikers and motorcyclist do not ever get a second chance.

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

Loose Gravel on the Road can be a Biker and Motorcyclist worst Nightmare; Beware.

motorcycle riding on gravel
Gravel and Motorcycles do not mix.

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.

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

Motorcycle Safety Message Appearing on Signs all over California.

California Electronic Sign with Motorcycle Awareness Message
Electronic Sign along California Freeway

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

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

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

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

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

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

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

Beware of Accident Scammers and Con Artist; Don’t get Screwed out of a Recovery.

Watch out for accident scammers and con artist.You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.

You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.

You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.

You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.

They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.

You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.

You find out later that you have $3,000 damage to the back of your car.

What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.

Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.

The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.

The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.

If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.

Make sure that you note the model and make of their car along with the license plate information.

The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.

If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .

By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009

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

Harley Davidson Touring Motorcycle Safety Recall

Harley Davidson Touring Motorcycle Safety RecallTouring Safety Recall Campaign 0141

Summary:
Harley-Davidson is recalling certain model year 2009 and 2010 touring family motorcycles, including CVO touring and trike products, manufactured from June 6, 2008 through November 19, 2009. The front fuel tank mounts may distort in reaction to severe frame damage from a frontal collision. This condition may cause a fuel leak at the weld of the front bracket to the tunnel.

Consequence:
A fuel leak in the presence of an ignition source may result in a fire, which could lead to injury or death to the rider.

Remedy:
Dealers will install a left and right brace, which are intended to reduce front mount distortion during certain crash conditions. This repair will be performed free of charge. The safety recall is expected to begin on or about December 14, 2009. Owners may contact Harley-Davidson at 1-414-343-4056.

Notes:
Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to http://www.safercar.gov.

Model: Model Designation: Model Years:
FLHP Electra Glide® Standard Police 2009-2010
FLHPE Road King® Police (CA) 2009-2010
FLHR Road King® 2009-2010
FLHR SHRINE Road King® Shrine 2009-2010
FLHRC Road King® Classic 2009-2010
FLHT Electra Glide® Standard 2009-2010
FLHTC Electra Glide® Classic 2009-2010
FLHTCU Ultra Classic® Electra Glide® 2009-2010
FLHTCU SHRINE Ultra Classic® Electra Glide® Shrine 2009-2010
FLHTCU w/sidecar Ultra Classic® Electra Glide® w/sidecar 2009-2010
FLHTCU4-CVO CVO™ Ultra Classic® Electra Glide® Japan 2009
FLHTCUSE4 CVO™ Ultra Classic® Electra Glide® 2009
FLHTCUSE5 CVO™ Ultra Classic® Electra Glide® 2010
FLHTCUTG Tri Glide™ Ultra Classic® 2009-2010
FLHTK Electra Glide® Ultra Limited 2010
FLHTP Electra Glide® Standard Police 2009-2010
FLHX Street Glide® 2009-2010
FLHXSE CVO™ Street Glide® 2010
FLHXXX Street Glide® Trike 2010
FLTR Road Glide® 2009
FLTR3-CVO CVO™ Road Glide® (Japan) 2009
FLTRSE3 CVO™ Road Glide® 2009

Below is a letter that Harley Davidson is sending out to owners of the affected models:
Dear Harley-Davidson Motorcycle Owner:

This notice is being sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

Harley-Davidson Motor Company, Inc. has decided that a defect which relates to motor vehicle safety exists on certain model year 2009 and 2010 Touring family vehicles including CVO touring and Trike products) built June 6, 2008 through November 19, 2009. On these vehicles, the fuel tank front mounts may distort in reaction to severe frame damage from a frontal collision. This condition may cause a fuel leak at the weld of the front bracket to the tunnel. A fuel leak in the presence of an ignition source may result in a fire, which could lead to injury or
death of the rider.

Our records indicate that you purchased one of the affected motorcycles.
We strongly urge you to contact your dealer to make arrangements to have the appropriate service performed as soon as possible.

Please contact your authorized Harley-Davidson motorcycle dealer immediately and arrange an appointment to have your motorcycle repaired. Your dealer will install a left and right hand brace, which are intended to reduce front mount distortion during certain crash conditions. Actual dealer labor time to perform this service will be less than one hour; however, due to scheduling, the dealer may require your motorcycle for a longer period of time. The parts and labor will be free of charge to you.

To verify that the service has been completed, your dealer will ask you to sign a recall claim. If you have sold your motorcycle, please forward the appropriate information about your purchaser. This will enable us to contact him/her and advise that person of this recall. Also, Federal law requires that any vehicle lessor receiving this recall notice must forward a copy of this notice to the lessee within ten days.

If you have had this defect repaired before you received this letter, you may be eligible to receive reimbursement for the cost of obtaining a pre-notification remedy of the problem associated with this recall. For more information contact Harley-Davidson at 1-414-343-4056. Should you choose to ride your motorcycle prior to this service, we urge you to be aware of this condition.

If you take your motorcycle to your dealer on a mutually agreed upon date and they do not perform the required service to your satisfaction, please contact Harley-Davidson Motor Company, Inc. for immediate assistance at the address or telephone number listed on this letterhead. If your dealer or Harley-Davidson Motor Company, Inc. fails or is unable to remedy your motorcycle without charge within a reasonable time, you may wish to inform the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590, or call the toll-free Auto Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153); or contact NHTSA at http://www.safercar.gov.

We regret any inconvenience this may cause you, but we are initiating this action in the interest of your personal safety and satisfaction with our products. Thank You for your cooperation.

Sincerely,
Harley-Davidson Motor Company, Inc.
0141

If you have been injured as a result of the above defect call my office immediately at 800-816-1529 x.1 or you may go to my website at http://www.bikerlawyer.net .

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

Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform takes away your legal rightsWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

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

When a Biker and Motorcycle Rider get Spooked after an Accident; Should they still Continue to Ride?

Getting Spooked after a motorcycle accident.I was talking to a new motorcycle accident client this weekend, who was riding a motorcycle, when he was taken out by a negligent cager who turned left in front of him, while he was riding on the street; or at least that is what he has been told. You see, he does not remember what happened to him, he was knocked unconscious in the accident. He was in a coma for a day, suffered a broken nose, and broken teeth among other injuries.

He retained my firm to handle his motorcycle accident case, and I am now his attorney. We have had several lengthy discussions about his case and riding motorcycles in general.

We were discussing the subject of him being entitled to recover for emotional distress in his case, and how motorcycle accident victims usually suffer from post traumatic stress after being involved in a motorcycle accident. He mentioned that because of this accident, he may not want to ride his motorcycle ever again. As a fellow biker and motorcycle rider, I can relate to what he was saying. Unlike some other poser attorneys and lawyers, I ride just like you do. I feel his pain.

In the end, bikers and motorcycle riders unlike people in cars are completely exposed to the elements when they are in a motorcycle accident. They do not have a car to protect them in an accident. All that stands between a biker and motorcycle rider and the pavement is what they are wearing, and maybe a helmet. An accident which might not cause injuries in a car can and sometimes are catastrophic on a motorcycle.

My new client learned this lesson first hand, the hard way. Many of my motorcycle accident clients report that they have serious thoughts of hanging it up and not riding anymore after their motorcycle accidents. I myself have even thought about hanging it up (for about a minute) after my minor motorcycle accidents.

There is an old saying; it is not a matter of whether you are going to go down, it is a matter of when. I myself have been very lucky with only a few minor accidents.

I will be frank; I deal with motorcycle accident cases on a daily basis. In some of these accidents, my client’s are totally messed up. It does kind of wear on me psychologically.

Sometimes while riding, I will think about my clients; it does sometimes make me nervous and more careful. However, luckily that feeling usually goes away after a few minutes in the wind.

I feel that my experience as a motorcycle accident lawyer and attorney, along with my own experiences riding motorcycles for many years make me a better and safer rider.

I myself could never imagine not riding my motorcycle.

However, with that being said, my client is seriously thinking about hanging it up. I have had many motorcycle accident clients decide to not ride motorcycles again, whether it was because of the emotional aspect of realizing that when the meat hits the pavement, the pavement always wins, or that they were physically unable to ride anymore because of their injuries, or that they did not want have to deal with a potential catastrophic injury if they did not have to. They are spooked.

Look, although I can never see myself ever not owing a motorcycle and not riding, my attitude is this; if you mentally feel like you should not be riding motorcycles, then you should not be riding motorcycles. It could happen to me and I will accept it if it does, reluctantly. There are many guys on the road right now that should not be riding motorcycles.

Every human being that has been involved in a motorcycle accident will always feel nervous the first time they get back on the motorcycle. If you say that you have had an accident, and were not nervous or more cautious when you got back on for the first time, you are full of shit.

Hell I had to lay a motorcycle down in Palm Springs, California because some idiot decided to cut right in front of me. It was low speed, but it was fast enough for sparks to come off of my bike and for me to suffer minor road rash on my side and feel a decent amount of pain. All of this happened in front of at least 50 or more riders on motorcycles. I was leading the pack.

I was able to get back on and continue to lead the ride even though I was in pain and injured. In my case, I was embarrassed, and hurt, but since my motorcycle was still rideable, (I had a broken mirror, bent handlebar, broken flood light, broken highway peg, bent crash bar, broken windscreen, etc.) it was a relatively low speed accident. During the ride after the accident, I was nervous as hell. It is kind of like getting back on a bucking bronco after being thrown.

I am no superman; far from it. Everyone is different. Riding a motorcycle is unlike riding a car; a motorcycle rider is connected to his or her motorcycle, not in it like a car. You have to be mentally there to be safe.

If you feel like you should not be riding motorcycles anymore, then you should not be riding. Maybe you should take a break for a while. I guarantee you that the urge to ride will come back to you. Whether you should ride again is another matter.

Your mind will usually tell you what the right thing to do is. Follow your gut, it is usually right. Do not let peer pressure influence your decision.

I will see you all on the road.

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

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

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

We are experts in dealing with motorcycle accident cases.

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

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