If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1, to discuss your case.
I can get you medical treatment even if you do not have medical insurance,
I will send my investigators to you so you do not have to come into the office.
I will work to get your motorcycle fixed.
I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.
I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.
Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.
Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.
Enjoy my articles below, there are hundreds of them!
Well it has been 40 something years since that sunny summer day in the sixties when my dad first put me on a mini-bike in the fields behind the housing development where we lived at the time.
I have ridden some form of motorcycle ever since.
I will admit that from time to time, especially when I was in my teens, and early 20’s, I was not so concerned about motorcycle safety.
Since becoming an attorney who handles motorcycle accident cases all over the State of California, and becoming a recognized expert on the subject of motorcycle safety, I figure I am really careful at least 99% of the time. The other 1% of the time I do foolish things like maybe crack the throttle and go real fast, or wear no helmet in States that have no helmet laws; stuff like that.
Well today I did a bonehead thing that could have cost me my life.
You see I have been to NBC studios twice in the last few weeks to be interviewed by an Emmy award winning news producer and her team, and to have action shots taken of me on my motorcycle. I am not going to go into any detail with regards to this piece, until it airs so don’t ask.
Today was the action shot day. So I woke up early, suited up, and rode my motorcycle to the NBC studios in Burbank. Hell I went straight to the A lot today, that is where the insiders get to park.
Anyway, back to the subject of this story. It was a real hot day today. It was in the 100’s. It was so hot that I had a gallon jug of water in my tour pak, and when I got home it was hot.
So as I left the NBC studios, the Alameda on-ramp to the 170 freeway was closed so I had to take a detour. I ended up on Lankershiem Blvd. in North Hollywood.
I got into a left hand turn lane behind a big ass truck that had multiple cars in front of it. This was on old fashioned light with no green arrow. If you are lucky two cars can turn when the thing turns yellow.
The light turns green and nothing. We did not move. It was over 100 degrees, I had long sleeves on to protect myself against the sun, and I had a full face modular helmet on.
I knew if I sat at this light another cycle, I would start to severely overheat the way I was dressed. I decided to move into a traffic lane to the right, flip a U turn, and make a quick right.
Well this is where my life almost ended. I looked in my rear view mirror, did not see anything, and then flipped into the traffic lane to the right. Just as I got into the lane, there was a friggen car right there. In other words, I cut off a car that was doing at least 35mph, on my Electra Glide. Had the guy not been paying attention, had he not hit the brakes, had I not accelerated like a bat out of hell, I would have been toast on the hot pavement.
I fucked up and I know it. When I went to flip a U turn the guy passed me and gave me a hand signal which means “what the fuck” He put his hand out the window with the palm facing up. If you saw it, you would know what it meant. Anyway………….. Right after the incident, I thanked GOD for keeping me safe. I pray that way from time to time.
I analyzed what happened on the long hot ride back home. The first fuckup was that I was in too much of a rush to flip into the lane.
We riders of motorcycles do not get second chances like I got today. I was lucky. Next time I won’t be so lucky.
I should have not relied exclusively on my mirror; I should have turned my head to make sure the coast was clear.
A simple turn of your head can save your life.
The second thing I realized was that even though I feel that a full face helmet is the way to go for safety, it has an inherent flaw; it takes away your peripheral vision. Had I not had a helmet on, I may have seen the car. Then again, if the car had taken me out, I would have rather had the helmet on.
What lessen did I learn today that I am passing on to you; turn your head when changing lanes, don’t just rely on mirrors, turn your head, and take your time.
Yes it may be a little hot, or you may have to wait at a light in 100 degree weather. However, this inconvenience is better than ending up frying on the pavement in a pool of blood.
Long-time Aerosmith axe-man and creative collaborator Joe Perry has reportedly been treated and released after a motorcycle crash in Middleborough, Mass.
According to the Boston Globe, Perry was riding his 2009 Ducati when he was struck from behind by a 62-year old retiree, who was cited after the accident. Although he didn’t appear to be seriously injured, he was transported to Morton Hospital and Medical Center in Taunton, Mass. at about 2 p.m. (EDT) on July 15.
Middleboro Police Officer Bradley Savage called the collision “a very minor motor vehicle accident,” thanks in part to the fact that Perry was wearing a helmet.
After recently touring in South America and Europe, Perry, vocalist Steven Tyler and the rest of the band are preparing for their summer U.S. tour, “Cocked, Locked, Ready to Rock Tour,” that begins on July 23rd in Oakland, California, and includes 17 other dates.
In a recent press release, Tyler said, “I thought it was time to get my MOJO back, by rockin South America and Europe with a little HOME RUN at Boston’s Fenway Park thrown in and then off to the rest of America to do what we do best! We’re gonna rock you into the middle of next week!”
Perry added, “This is a perfect time for us to tour North America as we are just completing a very successful tour of South America. We are looking forward to our European tour next month and then bringing our show back to our home soil. We are running on all cylinders and are “Cocked Locked and ready to Rock”!”
If you didn’t know better, you’d swear that the fates are conspiring to keep one of the most successful American bands of all time from touring. Stage mishaps, alcohol and substance abuse, illness, injuries and feuding between Tyler and Perry have caused show cancellations and delays on recent tours.
Guitarist Brad Whitford missed part of last summer’s tour after bumping his head getting out of a Ferrari; Perry had knee-replacement surgery in 2008; Tyler fell off a stage in South Dakota, breaking his shoulder; and bassist Tom Hamilton was diagnosed with throat cancer in 2006 and underwent radiation and chemotherapy. The band’s representative, Liz Rosenberg, told the Boston Globe yesterday, “Joe is home and he’s fine. All’s well and we’re all grateful.”
Hopefully, this accident will prove to be only a minor inconvenience.
Are there any real biker lawyers out there beside myself?
When I look at the Internet I see a bunch of pasty face lawyers and attorneys in suits claiming that they are motorcycle injury attorneys. Some are well known so-called motorcycle attorneys who advertise in a bunch of motorcycle publications, and even set up booths at events.
I know one up and coming so-called motorcycle attorney outfit that is nothing more than a marketing franchise scheme aimed at bikers and motorcyclist like you.
Hell, they advertise on TV, and they are all over the Internet representing themselves as biker lawyers.
When I contacted them to find out what they were about, they sent me marketing literature. Basically if you join their outfit and pay a fee, you too will be a real biker lawyer. They have a nationwide marketing campaign going right now which is targeted at bikers and motorcyclist. What a joke!
Let me ask you a question. Would you really want to hire a motorcycle injury attorney from an outfit that is nothing more than a marketing scheme directed at you?
Some months ago a few of us so-called “biker lawyers” were in an article in the Los Angeles Times discussing what is what like to be a biker lawyer.
One of my competitors admitted in the article, that he did not ride “because he wanted to grow old to see his grandchildren.” There was another attorney mentioned in the article, who I have never heard of before the article, who had recently starting working for the same firm of the guy who admitted that he did not ride, stating that he recently actually started riding, and that he recently started doing motorcycle accident cases; isn’t that grand.
Hell at least I give them a little credit for having an employee attorney who actually started riding a Harley Davidson Sportster right before the article came out.
Hell this firm advertises nationwide in many prominent biker rags. If you were to read their advertisements you would think that these guys are the baddest biker lawyers in town. I challenge them to ride with me sometime here in California. It would be nice to actually meet another attorney who rides motorcycles.
Geez would you want an attorney who is great at advertising, but who does not ride because “they want to grow old to see their grandchildren” representing you in your motorcycle accident case? Do you think that this guy actually respects you and your right to ride?
The reporter from the Times gave me a sentence or two credit in the article, notwithstanding the fact that she interviewed me for about an hour.
I thought it was amusing that the majority of the article was spent giving lip service to attorneys who don’t actually ride motorcycles, except for the one junior associate I mentioned above, who had just started riding motorcycles.
I challenge any of the so-called local California Biker Lawyers and Motorcycle Accident Attorneys who advertise anywhere in California to join me on a ride. The reason why I am issuing this challenge is because I believe that maybe only a few of them actually ride motorcycles if any do at all.
I do know of some lawyers nationwide who do actually ride motorcycles. One of them from Southern California who rides, does not do motorcycle injury accident cases.
There was an actual Superior Court Judge based in San Bernardino who actually rides motorcycles. He is, or was a Judge, I am not sure of his status now, but he does not advertise as a biker lawyer who handles motorcycle accident cases.
There is an attorney; his name is Jeff who lives in Korea, who rides. I met him through this Blog, the Biker Law Blog.
I know that there are lawyers out their sprinkled around the good old USA that ride motorcycle, but believe you me; they are the exception and not the rule.
In my personal opinion, I think that a law firm, or someone who advertises that they are “the best” motorcycle accident attorney,” or that they are “attorneys who ride,” or that they are “motorcycle accident experts,” etcetera, etcetera, should put their proof where there mouths are, or stop the false and misleading advertising.
I put my proof on the road on a daily basis. I do not make untrue claims about being a lawyer who rides; I am a lawyer who rides.
My firm has helped many bikers and motorcyclist in their time of need after a motorcycle accident. My client’s know I am a biker and motorcyclist just like them. When they talk to me, they are talking to a fellow biker and motorcyclist, not some attorney who advertises to them like they are a niche market.
Do not fall prey to slick advertising campaigns, or firms that are flat out misleading you into thinking that they are real bikers and motorcyclist only to get your business, when they are not bikers and motorcyclist who actually ride.
It is one thing to be a generic personal injury attorney who handles motorcycle accident cases, and another thing to flat out lie about being a biker and motorcycle rider only to get business, and to get real bikers and motorcyclist like you to sign up with them.
As I have stated many times, a generic personal injury attorney is at a severe disadvantage handling motorcycle accident cases, because they do not know the intricacies of riding a motorcycle, the very real dangers that bikers and motorcyclist face on the road when they ride, or how to deal with the prejudice that bikers and motorcyclist sometimes face, because they themselves have never had to personally deal with them.
You would not want to go to a general doctor for an orthopedic operation would you? So why would you go to a generic personal injury attorney instead of a real biker and motorcycle accident attorney to handle your motorcycle accident case?
So there it is. If you are a motorcycle accident victim, you need to do your due diligence when picking an attorney and lawyer to handle your motorcycle accident case.
If you see a slick advertisement from someone claiming to be a biker who rides, or who claims that they are the best motorcycle accident attorney, or that they are attorneys who ride, or someone who poses next to a motorcycle in a picture or advertisement, ask them a few questions about riding, particularly, when was the last time they rode!
You should know after a few questions whether they are bullshitting you our not.
My name is Norman Gregory Fernandez, and I am a real California Biker Lawyer, who handles motorcycle accident cases. Yes, I actually ride.
Then again, if you are anywhere in California, you can just call me. I will take care of you if you have a good case. Call me 7 days a week, 24 hours a day at 800-816-1529 x. 1.
If I agree to take your case, and you decide to retain me, I will send my people out to sign you up, so that you do not have to come into our offices.
We will handle your motorcycle property damage claim part of your case for free, unlike other attorneys who may charge you an administrative fee, or even a percentage of the amount of property damage.
I know attorneys who charge a fixed administrative fee to handle property damage. I will never take a dime of money to help you get your motorcycle repaired or totaled, if you retain me for your injury case.
We not only do not do that, but we think that it is wrong for a lawyer and attorney to take any part of the property damage claim in a motorcycle injury case.
If you are one of our clients, we will not only do the property damage part of your case for free; we will also do the following;
We will arrange to get you medical care, even if you do not have medical insurance, as part of your overall case.
We will help you to get a rental car if you are stuck without transportation.
We will help you to get a handicap placard for your vehicle so you can park in handicapped spaces while you are recovering.
We will help you to get a cash advance on your case with a 3rd party company if you are unable to work.
We will fight to get you everything that you are entitled to in your case such as loss of income and future income, medical expenses and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, loss of use of your motorcycle, and any other out of pocket expenses related to your accident.
We will also fight to get your spouse a recovery for the loss of consortium related to your motorcycle injury accident.
Hell, we even make ourselves available to our clients after hours and on the weekends when necessary.
We are not bankers and do not keep bankers hours. We work when necessary, not by arbitrary hours like some other attorneys!
We will go that extra mile for you in your case.
There is a reason why many bikers, motorcyclist, motorcycle club members, and others come to me for representation on their California cases; and it sure is not because of my slick advertisements.
**** 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.
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.
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.
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.
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.
The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.
Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.
Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.
The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.
The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.
Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.
The Federal Highway Administration will fund a study by Oklahoma State University’s Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.
The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.
The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.
Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.
The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.
Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.
The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.
If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!
**** 3-29-10 Update: There was a big turnout of bikers to pay homage to the downed bikers who were killed and injured in the horrible accident. You can see a video by clicking here.
**** 3-27-10 Update: 4th person died in this crash. I have modified the title to reflect this fact. The victims, and the person who caused this crash are also identified. You can read about it, and see a video by clicking here.
**** 3-26-10 Update: Here is a link to another article on this horrible crash and a video.Click Here
A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.
The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.
The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.
There was no sign the truck driver was impaired.
Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.
“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.
Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.
The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.
Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.
“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.
Dozens of police and rescue personnel responded to the crash.
Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.
The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.
The Carefree Highway was expected to be closed for several hours as police investigate the crash.
Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.
You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.
This accident is absolutely atrocious and horrible.
Green 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.
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.
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.
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.
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 .
A suspected dui-related motorcycle crash northeast of Bakersfield has killed one person on this Christmas 2009.
The Highway Patrol says the person killed was a passenger on the motorcycle, and was airlifted to Kern Medical Center. However, that person did not survive the injuries from the motorcycle accident.
It happened just after 4:30 p-m on Granite Road at Round Mountain Road. Investigators say the driver of the motorcycle was heading east on Granite Road and lost control. Both the driver and the passenger were thrown from the bike. The driver of the motorcycle hit a fence, the passenger hit a pole. “The passenger sustained fatal injuries and the driver sustained moderate injuries. In the early stages of the investigation it appears that alcohol is related,” said Sgt. Jeff Crosswhite, California Highway Patrol.
The Highway Patrol says both were wearing helmets. The driver was also taken to Kern Medical Center with moderate injuries. Officers say the driver may have felony dui as well as manslaughter charges.
This is a horrible accident that did not have to happen. I will say this very clearly; IF YOU HAVE HAD ALCOHOL DO NOT RIDE A MOTORCYCLE PERIOD. IF YOU ARE A PASSENGER, DO NOT GET ON A MOTORCYCLE WITH A RIDER WHO HAS BEEN DRINKING PERIOD.
Alcohol and motorcycles flat out do not mix. Hell you need to be on your game sober to ride safely. Can you imagine how dangerous it is to ride after drinking?
If you or a family member have been the victim of a motorcycle accident, or you were a passenger injured in a motorcycle, or you have had a family member killed in an accident call my law firm ASAP for a free consultation at 800-816-1529 x. 1 or check out my website at http://www.bikerlawyer.net .
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.
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.
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.
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.
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.
Harley-Davidson Motor Company, Inc.
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 .
Our Motorcycle Accident Law Firm, The Law Offices of Norman Gregory Fernandez & Associates, are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.
We are experts in dealing with motorcycle accident cases.
We handle motorcycle accident cases, motorcycle passenger injury accidents, and other personal injury cases all over the State of California. We are real bikers and motorcycle riders who represent bikers and motorcycle riders who have suffered injuries due to motorcycle accidents and crashes. We handle Motorcycle Accidents, Motorcycle Passenger Accidents, Dangerous Conditions on public roads which cause motorcycle accidents, defective motorcycle cases, Cruiser Motorcycle Accidents, biker rights, criminal law, Car Accidents, Uninsured Motorist Claims, Wrongful Death, Torts, Cager and/or Car negligence, personal injury and Other Injury Cases. We have locations in Southern California and Northern California. We handle personal injury, and motorcycle accident cases in all over California including: Southern California, Central California, and Northern California.
If you have been injured in a motorcycle accident or any other motor vehicle accident, you may call us 7 days a week, 24 hours a day at 800-816-1529 x. 1, or submit your case online here.