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!
As the California State Department of Transportation is poised Friday to re-open Angeles Crest Highway, a curvy mountain road beloved by bikers, the CHP will step up enforcement.
The Crest’s sweeping turns and steep cliffs demand motorcyclists navigate the road with care and at a controlled speed, and the California Highway Patrol plans to help folks remember this through the Motorcycle Safety Coalitions grant, the agency announced Wednesday. CHP Public Information Officer Ming-Yang Hsu declined to release the amount of the grant.
The grant, which provides enhanced enforcement effort by CHP officers through September 30, will focus on traffic violations made by motorcyclists, as well as other vehicle drivers that can lead to motorcycle collisions, injuries and fatalities, according to a CHP press release.
“Angeles Crest has one of the highest accident rates in the state,” Hsu said, adding the CHP waited to make the grant announcement until Caltrans’ announcement of reopening the road.
According to data from the CHP’s Statewide Integrated Traffic Records System, 164 motorcycle-involved collisions occurred on Route 2 from Starlight Crest Drive to state Route 39 in Los Angeles County between January 1, 2007 and December 31, 2008. Among the collisions, eight were fatal, seven of which were the result of unsafe speed. Of those, speed was the primary collision factor for 98 of the accidents.
Therefore, in an effort to reduce the number of motorcycle-involved fatal and injury collisions along the 38-mile stretch of highway patrolled by the Altadena Area office, the CHP will establish a task force and develop and implement a public awareness campaign by working with local agencies and community members.
Funding for this grant was provided by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
Basically what this grant does is give the CHP more money to put more officers on the Angeles Crest to roust motorcyclist and bikers.
A California Highway Patrol officer was hospitalized with major injuries Tuesday afternoon after he was knocked off his motorcycle by another driver during an attempted traffic stop on the 134 Freeway, according to a CHP traffic report.
Officer J.D Fields, 59, an Altadena resident, suffered a broken femur and wrist after the accident, which occurred around 1:40 p.m. near the intersection of the 134 and 2 freeways in Glendale.
Fields had seen a vehicle pulled over on the side of the road and moved into the right lane, put on his lights, and slowed down to approach the car.
A woman driving a 2010 Nissan vehicle was behind him and failed to see him slow down, according to the report. She veered quickly out of the lane and then “for unknown reasons,” moved back into the right lane and hit Fields’ motorcycle, the report states.
Fields was thrown from the motorcycle and onto the road. He was transported to the Huntington Hospital shortly after the accident.
The cause of the collision is still under investigation, according to the report.
This crash brings to mind a safety feature for motorcycles that I think should be implemented; a brake light that triggers with sudden deceleration of a motorcycle.
Let me explain. We, who ride motorcycles, tend to downshift to decrease our speed on most if not all occasions, before we hit the brakes.
If a car traveling fast behind us, does not see brake lights when we downshift to slow down, they do not know we are slowing down, and they rear end us.
I think that is exactly what happened in this rear ender of Officer Fields.
I have been on rides and seen motorcycle on motorcycle rear end collisions due to the same reason.
If there was a sudden decoration device on our motorcycles that triggered the brake light, I think we could save many a biker and motorcyclist lives.
For you inventers out there, maybe you can come up with something. Maybe a device like this should be mandatory for motorcycles.
It would appear that Officer Fields in the accident mentioned above, not only has a Workers Compensation case against the California Highway Patrol, and a separate Personal Injury case against the woman who hit him from behind.
The law in California is that a person driving behind another person, has a duty to maintain a safe distance from the car or motorcycle in front of them, so they can stop in case the vehicle in front of them stops. It appears that the woman is at fault in this case.
If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.
A captain with the California Highway Patrol has been arrested for suspected drunken driving after crashing his Harley-Davidson motorcycle in El Dorado County.
A CHP accident report obtained indicates that Robert D. Patrick, 47, was arrested late Friday night, and then released for treatment of moderate injuries related to the motorcycle accident, at Sutter Roseville Medical Center.
According to the report, Patrick was riding a 2008 Harley-Davidson Fatboy southbound on Mt. Aukum Road south of Fairplay Road when he failed to negotiate a curve. The motorcycle traveled onto the dirt shoulder and overturned.
The report stated that due to Patrick’s level of injuries, his level of sobriety was undetermined and subject to further investigation. Patrick was released from the hospital Saturday.
Patrick is a 25-year CHP veteran and commander of special operations at the CHP’s Valley Division office in Rancho Cordova, according to CHP Asst. Chief Ken Hill, who is Patrick’s immediate boss.
Hill indicated that the investigating officers gave Patrick no special courtesy because of his position with the CHP.
“I can assure you we handled it the way we would with any citizen. There was no preferential treatment,” Hill said.
Hill said an internal CHP investigation was underway in addition to the criminal case that will be handled by the El Dorado County District Attorney.
Hill said appropriate action would be taken at the conclusion, but that a DUI conviction would not necessarily end Patrick’s career with the CHP.
For the record I do not think anyone should be riding motorcycles after drinking any alcoholic beverage, because it is flat out too dangerous.
I have friends who regularly drink a beer or two and then ride. I always tell them that it is a big mistake. It is better to wait until you are done riding, before you drink.
The case of CHP Officer Robert D. Patrick is a horrendous example of the pot calling the kettle black. I wonder how many people Officer Patrick has busted in his career for drinking and driving.
I am quite sure he also knows how alcohol affects a person’s ability to drive, let alone ride a motorcycle.
Officer Patrick is innocent until proven guilty. However, if he is found guilty of DUI on a motorcycle, his ass should be fired. We do not need officers breaking the laws we hire them to enforce.
You have bought a new motorcycle, taken a motorcycle safety course and are ready to hit the open road.
What else can you do to help protect yourself? Wear the right gear – an approved helmet, face or eye protection and protective clothing.
Accidents can happen to anyone. According to the Motorcycle Safety Foundation (MSF-USA), one out of every five motorcycle accidents results in head or neck injuries. These injuries can be reduced by wearing an approved helmet. I know they may not look cool, but they can save your life.
There are two primary types of helmets – three-quarters and full face. They provide different levels of coverage. To make sure that you get the most protection from your helmet, make sure that it meets U. S. Department of Transportation and state standards, that it fits snugly all the way around your head, and that it has no obvious defects such as cracks, loose padding or frayed straps.
Whatever type of helmet you chose, be sure to that it fastened securely while riding or it may fly off your head in an accident.
Eye and face protection
When riding, you will be faced with wind, dust, dirt, rain, insects and debris thrown up by other vehicles, you can protect yourself from these by wearing a face shield, googles, or good sunglasses. A plastic shatter-resistant face sheild will also help protect your face in the event of an accident, and goggles will protect your eyes if you’re not wearing a face shield.
To be effective, your eye and face protection must:
Be free of scratches
Be resistant to penetration
Afford a clear view to either side
Fasten securely so it will not blow off
Allow air to pass through to alleviate fogging
Permit enough room for sunglasses or eyeglasses if needed
The right clothing will help protect you in an accident, as well as providing protection from heat, cold, debris and hot and moving parts of your motorcycle.
Jacket and pants should cover arms and legs completely and fit snugly enough to keep from flapping in the wind. Leather is the best protection but sturdy synthetic materials are a good alternative. Boots or shoes should cover your ankles. Soles should be hard and slip-resistant; tuck laces in so they don’t get caught on your motorcycle. Gloves will give you a better grip and help protect your hands in an accident.
Wear the appropriate clothing for the weather you’ll be experiencing. If you’re too hot or too cold, you may not be able to control your motorcycle as well.
There are plenty of things on the highway that can cause you trouble. Making sure you have the right gear will help
ensure that you have adequate protection should an accident occur.
Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.
I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.
Some of these types of cases are utterly devastating to the victims.
I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.
The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.
If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.
If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.
If they do not reject the claim, you have 2 years to sue from the date of the accident.
If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.
Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.
I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.
The main reason I like riding motorcycles is the feeling I get when I open my Harley Davidson Electra Glide up on the open road.
To be frank, I enjoy riding virtually any brand, make, or model motorcycle on the open road. I just happen to presently ride an Electra Glide.
There is no real way to describe the feeling I get when I ride my motorcycle, except to say that it is it is basically like meditation, or even psychotherapy.
If I am stressed out, taking my motorcycle out for a ride will calm me down.
As for me, I am a long distance rider. This means that I put 10-20k miles or more on my motorcycle every year.
I know many guys who bar hop or event hop on their motorcycles, some just ride on the weekends; hell that is all right too. Whatever floats your boat if you know what I mean?
I really like the fact that many women are also riding their own motorcycles these days. The more riders the merrier.
All bikers and motorcyclist all basically share the same kind of experience when riding; we feel the wind on our face and body, we know what it feels like to crack the throttle on a powerful machine that we ride on and not in, and we all experience the utter freedom and thrill of riding a motorcycle on the open road. City traffic kind of sucks, but once we get on the open road, it is the ultimate.
No cager or person who does not ride will ever understand the feeling of riding a motorcycle, and what a rush it really is.
Another added benefit of being a biker and a motorcyclist is that most if not all bikers and motorcyclist are amongst the most gracious, giving, and all around cool people you are ever going to meet.
You might see a tough looking guy in leathers with a big beard, a real scary looking dude, and yet the guy will turn out to be the nicest guy you will ever meet.
Most bikers will bend over backwards to help each other in times of need, in a way no biker or motorcyclist will ordinarily ever get to experience.
I kind of feel sorry for people who do not ride motorcycles; they will never know the experience of going to a motorcycle rally and having 1000’s of instant friends.
You have all heard the old saying that once you learn how to ride a bicycle, you never forget how to ride a bicycle. People use this old saying in analogies all of the time to describe activities which you supposedly never forgot how to do once you learn how to do them.
Well I will tell you what, if you learned how to ride a bicycle as a kid, but then you don’t try to ride a bicycle again until you are an adult, you may be able to balance yourself on the bicycle, and you may be able to peddle the bike, and turn it, but you are not going to ride the bicycle as well as when you rode all of the time as a kid. It takes practice to re-acquaint yourself to the bicycle.
The same hold true for riding motorcycles. I have known many people over the years that think they can just get back on a motorcycle after not riding for many years, or even months, and think that they can ride just as good as they did when they previously rode the motorcycle.
This assumption can kill or maim you. If you have been off of your motorcycle for a period of years or even months, you need to re-acquaint yourself to riding your motorcycle again. I don’t care how good you used to ride, or think you used ride.
Riding a motorcycle is a precision activity. You need to be in decent physical and mental shape to ride safely, and you need to have sharp mental and physical reflexes to ride safely.
Notice I used the term safely.
If you have not ridden a motorcycle for years, and let’s say you have just purchased a new motorcycle, what should you do?
I recommend taking a certified MSF class on your new motorcycle to learn how to ride your new motorcycle, before getting on the road in traffic.
They say it takes at least 1000 miles to get used to a new motorcycle, I say it may take longer to become comfortable on a new motorcycle, especially in traffic.
Riding your motorcycle is not like riding a bicycle, if you have been off of your motorcycle for a time; you need to take it very slow and easy until you get back in the saddle so to say.
There is a biker attorney named Jeff H. in Korea that has become a long distance pen pal of sorts with me.
Over the years since I started the Biker Law Blog, he has shared comments, exchanged emails, and such.
Jeff lives, works, and rides, in the nation of Korea, and yes he is a real biker lawyer like me.
A couple of days ago Jeff informed me that he was in a motorcycle accident, and sent me the following letter through the blog describing his accident.
He states that “even biker lawyers can go down once in a while. Be Careful.”
I suggest that all of you read this letter carefully. Maybe it will save your live. It is not often that you get a firsthand account of an accident such as this, written by a fellow attorney.
Jeff I wish you Godspeed on your recovery.
Below is the actual letter sent to me by Jeff in Korea:
Okay. Some of you have no idea what happened to me. Others know basically what happened to me. I think only a few of you know exactly what happened to me. Now that I have this nifty software that allows me to speak into a microphone and watch the words magically appear on the computer screen, I can sit back, rest my arms, and tell you all what happened.
Early in the afternoon of October 30, 2010, my friend Jeremy and I were riding our motorcycles to lunch. After a delicious lunch at the Seamen’s Club, Jeremy headed home, and I took off by myself to go take care of some other business. Just before 1 PM, I was riding along a four-lane highway with two lanes going in each direction. I like to take this particular road because it’s not well traveled by other vehicles, so there’s not much traffic to worry about.
I was southbound on the inside lane nearest to the double yellow lines, and another car was approaching northbound from the opposite direction on the inside lane nearest the double yellow line. Suddenly, and without any warning whatsoever, a large delivery truck that was sitting on the right shoulder of the road completely outside of the traffic lanes began to make an illegal U-turn directly in front of me in an effort to proceed in the northbound lane. However, due to the other car that was traveling opposite me in the northbound lane, the delivery truck could not complete the illegal U-turn and he had to stop his truck directly in front of me, blocking both southbound lanes.
He pulled out and stopped in front of me so quickly that I didn’t have time or space to maneuver around the truck. So, I slammed on my brakes, locked my wheels, honked my horn, cursed as loudly as possible, and prayed for the best. Unfortunately, it was not my lucky day. At some point in the space of what I estimate to be about 2 seconds between the time that he began to pull out in front of me and the time that I slammed broadside into the side of his truck, I realized that there was no way I was going to be able to stop.
I had no time to take any other evasive maneuvers or safety measures, such as laying the bike down or doing anything else. I T-boned the truck. I hit broadside. Hard. Very, very hard.
I don’t remember actually hitting the truck. I remember getting very, very close to it, and I remember bouncing off the truck. The next thing I remember was lying on my back in the middle of the road. So, I remember approaching the truck, bouncing off the truck, and laying in the road. The actual impact and landing in the road are gone from my memory.
The driver got out of his truck, and immediately started calling for an ambulance, the police, his company, his insurance company, and anyone else he could reach. I remember mumbling something to him like, “why? Why couldn’t you wait 3 seconds to make that turn?”
It took a few minutes for the police to arrive. While waiting, I had one of the most incredible sensations of my entire life. I knew that my right arm was badly broken because I could distinctly feel that my right hand was laying flat on the road up to my elbow, but my shoulder felt like my arm was pointing straight up in the air. I tried to flex my fingers, but my fingers didn’t move. It still felt like I was pointing toward the sky, but my hand remained flat on the road. It was really a very weird sensation. Also, my left wrist hurt and I couldn’t move my fingers on my left hand, so I knew that my left hand was broken somewhere as well. I knew that both of my arms hurt like hell, but because of the adrenaline or some other reason, the pain wasn’t nearly as bad as it probably should have been.
When the police and the ambulance arrived, the first thing they did, which is something that is standard in every Korean vehicle accident, was to paint the outline of the truck. They spray painted the outline of my bike where it was, and I remember them mucking around and spray painting the outline of my body. It was sort of like a crime scene body outline like you see on TV.
The next thing was the ambulance driver, the EMT, and the policeman wondering how to get big old me onto the gurney and into the back of the ambulance. Eventually, and with no small amount of jostling my broken arms, they managed to get me on to the very narrow gurney and into the back of the ambulance. Now, at this point, it must be understood that Korean ambulances are not like ambulances in America. Ambulances are not these big, huge, spacious, fully equipped mobile trauma centers. Korean ambulances are more like old Volkswagen minivans. They’re very narrow, very old, and in generally very poor condition.
It was my intention to go to Pusan National University Hospital, which is approximately 20 min. away from the accident site in normal traffic. However, due to the fact that the ambulance I was in had no suspension whatsoever, I felt every bump, every pothole, every rock, every cigarette butt, and every gust of air. This made me extremely uncomfortable. Because of this discomfort, I had no choice but to ask the ambulance driver to take me to a closer hospital. The closest hospital was Haedong Hospital.
A quick back story for those who don’t know: Almost exactly 4 years ago, I was involved in another motorcycle accident that left me with a shattered femur in my right thigh. I was treated for that accident at Haedong Hospital. They put a titanium plate and 15 screws in my right thigh. After five weeks in the hospital, I was released. Six days after my release, the titanium plate broke. I had to return to Haedong Hospital, where they opened up my thigh removed the broken plate, did various surgical procedures, and replaced the broken plate with a longer, wider thicker titanium plate. I had my theories as to why the titanium plate broke, and the filed a malpractice lawsuit against the hospital and the doctor that performed the surgery. After lengthy negotiations, we reached a settlement that I was slightly less than happy with, but I could live with it.
Fast forward back to the date of this current accident. I arrived in Haedong Hospital, and was wheeled into the emergency room. The emergency room physician confirmed that I had a broken arm above the elbow on my right arm and my left wrist was broken. I finally had a chance to look at my left wrist and knew immediately what had happened because I had suffered nearly exactly the same break when I was in junior high school. I knew exactly how it felt and looked. The doctor confirmed that I had suffered a compression fracture on my wrist, which basically meant that I had completely destroyed my wrist joint and the two bones in my forearm had pushed up and past the bones in my wrist, so my wrist was actually below the two bones on my arm.
*** November 16, 2010, Update – The driver of the Dodge Avenger is not going to be charged with drunk driving because no alcohol was found in his system. It was originally reported by the C.H.P. that they smelled alcohol on his breath.
A group of riders from the Saddle Tramps Motorcycle Club, a San Diego County club, were riding on Saturday, November 13, 2010, on Route 98, which is a rural freeway, about 80 miles east of San Diego, to celebrate their 10th anniversary, when there was a horrific accident that killed 4 of them including a husband and wife on one motorcycle.
The riders were in a group, when an idiot in a Gold Honda revved up behind them and repeatedly tried to pass the group of motorcycles by crossing over into the lane of oncoming traffic to the left of the motorcycles.
The Gold Honda then caused a Dodge Avenger that was in the opposing lane, to crash into the group of motorcycles as he attempted to swerve out the way of the idiot in the Gold Honda who was trying to pass the pack of motorcycles.
The Avenger then plowed into the group of motorcycles, killing 4 of them. A passenger in the Dodge Avenger was also killed.
The idiot in the Gold Honda who caused the crash by speeding in the wrong lane of traffic, then kept on going and got away for now.
The California Highway Patrol is looking for the guy in the Honda, which did not suffer any damage in the accident.
Witnesses said that the driver of the Honda was wearing a baseball cap. If anyone has any information, they are requested to call the California Highway Patrol.
The C.H.P., arrested the driver of the Dodge Avenger on suspicion of drunk driving because he had alcohol on his breath, however officials do not consider him to be at fault in the accident, because he was forced off of the road by the idiot in the Honda.
Several other bikers who were injured in the accident were airlifted to hospitals.
What lessons can be learned by this day of carnage? There are two; (1) Live each day as though it is going to be your last, because you never know when your number will come up; and (2) if a car comes up behind you very fast, and tries to pass you, yield if you can do so safely. Put your turn signal on, and move to the right, or even get off if you can.
I am not saying this accident could have been prevented, I am saying that when it is car against motorcycle, the car will always win no matter how tough you are, or how in the right you are.
My prayers and condolences go out to the members and the families of the Saddle Tramps Motorcycle Club.
If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.
If you ride motorcycles with friends, brothers, or acquaintances, the issue of peer pressure being exerted on you to do things you ordinarily would not do on your own pop up from time to time.
It can take many forms.
For instance, how many of you have ridden in a pack where the light has switched to yellow then to red, and you ran the red light to keep up with the pack?
How many of you have stayed in a coffin formation (2 abreast) even on roads where it was not safe to do so, or because you were afraid you would look bad if you did not conform?
How many of you have ridden at excessive speeds to keep up with your friends or buddies?
How many of you have had an illness or a medical condition that required time away from your motorcycle, yet your so-called friends or even brothers try to pressure you into riding by calling you a wussy, or a hypochondriac for not riding until you heal?
How many of you have taken turns too fast because you wanted to keep up with the pack, or not look bad to the other guys you are riding with?
How many of you have ridden with guys who tailgate cars in front of them, and not wanting to fall behind, you ride with the tailgater?
How many of you have ridden in in-climatic weather including extreme cold, rain, wind, etc., just because you did not want to look bad to your friends or the guys you are riding with?
How many of you have flat out done stupid things on your motorcycle, just to fit in with your friends, brothers, or acquaintances?
How many of you have split lanes at excessive speeds to keep up with your friends even though you knew it was unsafe to do so?
How many of you have followed friends who crossed a center line to pass traffic in a pack just to keep up?
How many of you do not wear helmets, or wear a beanie helmet, instead of a full face helmet, just because your friends don’t?
How many of you do not wear leather jackets or proper riding attire, because your friends don’t?
The above list of examples is not meant to be all inclusive, but I think you will all get the picture.
I will say time and time again, that on a motorcycle there are no second chances. If you do not feel comfortable doing something, than you should not do it.
It could mean the difference between life and death.
Just because your friends, a group, or acquaintances on a ride want to take their lives in their hands by riding in an unsafe or stupid manner, does not mean you have to do the same.
It is better to come home at night, than to be laid up in a hospital for weeks or months, or even planted six feet under.
The next time you are in a situation where you do not feel comfortable doing what your friends are doing on a ride, fall back, ride behind them, and catch up to them later. If you do not catch up there will always be another day.
Don’t let foolish peer pressure make you do things you do not want to do.
There are always idiots out there who want to jump off of the bridge; you do not have to jump off of the bridge with them!
I am publishing a letter from a reader of the Biker Law Blog named Brian W. with his permission. I am not publishing his last name for privacy reasons.
Here is his letter:
I am sending you this email in reference to an article you wrote regarding “Too old to ride” (at least that was the theme of the letter).
I am 68, and had my first bike when I was 14 (1939 Norton), and a steady rider ever since.
I have owned just about ever make and model over the years, and about 6 years ago I purchased a Honda Shadow Spirit 1100. It seemed to fit the bill for what I wanted, which was a reasonably priced touring bike.
Well, all that said and done, it’s truly time to quit and face the fact that I am not 20 anymore.
In the last year, I have “dropped” the bike from a basically stopped position, and also under 5 miles an hour. So many times, I have lost count actually.
As the bike has a dry weight of over 600 Lbs. there is not a hope in hell that I can get it upright by myself.
That is the minor side, as I have had 2 accidents, which of course I took no blame for!
In retrospect, it was a case of age and reaction time and sheer physical strength.
The days of being bullet proof have sadly passed, and I will miss taking my rides, and trips, but common sense has prevailed.
Thank goodness, I was not hurt to any degree, but on reflection, I certainly could have died, and my wife is now a happy puppy and doesn’t sit at home waiting for a phone call.
Best regards, and please pass this on to those who still feel they are bullet proof.
You can read the article that Brian was talking about by clicking here. I suspect that with the Baby Boomer generation all heading into retirement, the issue Brian discusses will become more and more prevalent on a daily basis.
Since writing me the letter and sending it to me, Brian and I have traded a couple of emails back and forth. Part of my response to Brian is below:
It saddens me to hear that you have come to a point in your life where you have determined that you can no longer safely ride.
It makes me feel good knowing that after weighing the pros and cons, you have opted to use common sense rather than stubbornness.
I have articles showing that fatal motorcycle accidents for persons over 50 have increased four fold in the past decade, for reasons which you stated in your email to me.
Norman Gregory Fernandez, Esq.
The Law Offices of Norman Gregory Fernandez & Associates
I do not think there is a need to elaborate on this subject anymore than Brian’s letter to me and my response back to him.
If you are a biker like me, you have probably had an occurrence sometime in your life (unless you are superman or superwoman), where you have been sick or suffered from some kind of medical condition, which could affect your ability to ride.
The key phrase above is “could affect your ability to ride.”
An illness or medical condition is almost analogous to maybe being too old to ride, or being spooked after an accident, because each also affects whether you should ride or not.
Look folks, if you have an illness or a medical condition which would affect your ability to be 100% sharp on your motorcycle, you should probably not be riding your motorcycle until the illness or medical condition is gone.
If the illness or medical condition that you have is permanent, you will want to speak to your doctor to decide if riding a motorcycle is safe for you.
I myself have had rides planned out with my brothers, or friends, and have had to cancel my ride plans because I had a cold or flu, or a condition that in my mind meant that I could not or should not have been riding my motorcycle.
A simple common cold could be the basis for not riding your motorcycle, until you get better.
How are you going to control your motorcycle, when you are sneezing, coughing, eyes are watering, and your ears are so stuffed that you cannot safely hear?
Is it worth your life to you to take a chance?
Now that flu season is upon us, (and many of you have not received your flu shots,) many of us will be getting the flu.
It should be obvious that riding with the flu is not a good idea; wait until you get better before you get back on your motorcycle.
I heard of one guy who had an epileptic seizure while riding his motorcycle, with his wife on the back. He ended up going off of the side of the road, crashing through a chain link fence, with both of them flying off of the motorcycle into some dirt. They were both roughed up a bit, but they lived.
Look, I am a biker through and through, however do you think I would be riding a motorcycle, or even a car if I had epilepsy? This guy is a candidate for the Darwin Awards. Epileptics have seizures. Being behind the wheel of a car, or sitting on a motorcycle is not compatible with seizures.
I heard of another guy who would pass out from time to time because of a medical condition he had. This guy luckily determined that he should not be riding a motorcycle with his condition. The list goes on and on.
I truly feel bad for those of you with medical conditions that make it unsafe for you to ride a motorcycle. Some of these conditions also make it unsafe for you to operate a 4 wheel car as well.
Hell some people take prescription heavy duty medications for pain. If you get stopped for driving or riding under the influence of these drugs, you can go to jail and lose your license just like if you were drinking and driving.
Do you think it is a good idea to be riding a motorcycle, while under heavy doses of Oxycontin or Vicodin?
For those of you with physical issues, maybe a Trike, or three wheeled motorcycle is for you? Maybe riding is too physically demanding.
Look, the purpose of my article is not to scare you away from riding your motorcycle. The purpose of my article is to educate you.
Sometimes you may have to not ride due to a physical condition or illness, and it is OK to not ride if it is not safe for you to do so!
I always recommend keeping an Emergency Information Form, or I.C.E. card (In Case of Emergency) card in you, and your loved ones wallets, purses, or on your person at all times.
Why? Because you never know when you will have a life or death emergency.
Having an I.C.E. card can not only mean the difference between life and death for you or a loved one in an emergency, it will also allow emergency responders to contact your family or whoever you designate as your emergency contacts in case you are unable to communicate.
An Emergency Information Card is ideal for:
Participants of risky activities
Anyone with serious medical conditions or allergies
However, even if you are not in the above categories, an Emergency Information Card may god forbid help you one day. Everyone should carry one.
It is one of those things that you never think that you will need until you actually need it. It can save your life.
My law firm has created an Emergency Information Form that can be filled in online and printed, a blank form can be printed and filled in by hand, it can be saved to your computer for later use, or you may even email it to your family and friends so that they can create their own Emergency Contact Form.
You may print in on one or two pages, or print the form two sided on one piece of paper. You may also use your printer or a copy machine to reduce the size of the printed form if you like.
Then simply fold it up and stick it in your wallet, purse, or somewhere where an emergency responder can find it.
I myself have one of these cards in my wallet, and I also keep an “In case of Emergency” contact in my cell phone. The problem with the cell phone is that if it is broken up on the side of the road, it is useless.
I am glad that I could provide this service for you. Hopefully like motorcycle or car insurance, you will never need it!
I hope the headline of this article got your attention.
The sad fact is that it is true. The bad economy that we are in right now can kill you or severely injure you if you ride a motorcycle, or are a motorcycle passenger.
You see, the streets, roads, highways, freeways, and interstates of cities, states, and our nation are falling apart, and are in a severe state of disrepair.
Many roads that you ride on have dangerous conditions such as potholes, significant cracks, debris, missing signs, or might even be in a dangerous state due to road construction.
I have represented many motorcycle accident victims whose motorcycle accidents were caused by dangerous conditions on the road.
Heck, in just the last couple of weeks, I have had multiple new motorcycle accident victims sign up with me, because they crashed due to dangerous conditions on the road.
Just recently, I watched a report on a local TV news channel about the fact that Los Angeles has a severe backlog of street repairs that need to be done, but that are on hold due to budget constraints.
They know about severe defects and are not fixing them. In some cases the streets are so bad, that they need to be replaced. Still they are doing nothing.
Well this is unacceptable. You see that the government owes each of us a duty to maintain our roads and highways in a safe condition, such that it is fit to be used in the manner in which it is intended.
Maybe instead of paying government workers six figure salaries, cushy insurance benefits and huge pension plans, that most people in private industry do not get, maybe they should take some of this money and fix our roads.
You see the government knows full well that if you have a road with potholes and other defects, that us motorcycle riders can and do hit these defects and crash.
There are many riders being severely injured and even killed right now, because our roads are not being maintained in a safe manner.
Maybe much of the so-called stimulus money should be spent fixing our roads and streets. Two birds can be killed with one stone; stimulate the economy and fix our infrastructure at the same time.
Getting back on subject, local city, county, and state governments are claiming that they cannot fix our roads because of the economy and their budget deficits.
Well guess what, they are still on the hook for negligence if their failure to fix a road or street, causes a motorcycle rider to crash.
If you or a loved one has been injured in an accident due to a dangerous road condition anywhere in California, give me a call for a free consultation at 800-816-1529 x. 1.
In California you have only 6 months from the date of your accident, to file a claim against a governmental or public entity. You do not have time to mess around.
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.
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.