Category Archives: Personal Injury

Articles related to Personal Injury Law, such as motorcycle accidents, car accidents, other motor vehicle accidents, Premises Liability, slip and fall / trip and fall, excessive use of force, assault and battery, and other torts

An Open Challenge to Any California Attorney Advertising That They Handle Motorcycle Accident Cases!

Norman Gregory Fernandez at the 2nd to last official Hollister Motorcycle Rally

Norman Gregory Fernandez at the 2nd to last official Hollister Motorcycle Rally

*** 9/2/10 Update – As expected not one California attorney has accepted my challenge to meet me on a motorcycle ride anywhere in the State of California. Stay tuned. I am going to push this issue. There are a whole bunch of shysters out there advertising that they are lawyers who ride trying to get your business in motorcycle accident cases. There must be at least one out there who really rides right?

I challenge any California Attorney who advertises that they handle motorcycle accident cases to join me on a real motorcycle ride. That’s right a real motorcycle ride.

I will meet you anywhere in the State of California for a motorcycle ride, and I will buy you lunch.

If you are in fact a California Attorney who advertises that you handle motorcycle accident cases, and you actually really ride motorcycles like me, I will mention you here on the Biker Law Blog.

The only caveat’s are that you must have had a valid motorcycle endorsement on your California driver’s license before the date of this challenge; if it is your firm, you cannot push out an associate who rides, it must be you; you cannot hire an associate who rides after the challenge; and your advertisements must have existed prior to this challenge.

In other words, you have to actually do and be what you say you are in your advertisements on the date of this challenge.

We get about a million hits per month here on the Biker Law Blog so imagine all of the free advertising you will get simply by proving that you actually ride motorcycles like you advertise that you do.

You see I am flat out sick and tired of seeing all of the false and misleading advertising aimed at bikers and motorcyclist.

There are some firms that advertise in major motorcycle rags claiming that they are attorney’s who really ride or that they are the original attorney’s who ride, bla bla bla.

I say proof talks, bullshit walks, and enough is enough.

You would not hire a dentist to perform knee surgery on you, and you should not be hiring an attorney who does not ride motorcycles to represent you in a motorcycle accident case.

It just does not make sense to hire someone who does not know the first thing about riding motorcycles, or the bias and prejudice we face as bikers and motorcyclist face in the courtroom, to handle your motorcycle accident case.

Don’t sell yourself short by hiring an attorney to handle your motorcycle accident case, simply because they might have a fancy ad proclaiming that they ride motorcycles. Make sure they really ride motorcycles like they say they do!

So there it is; are there are real attorney’s here in California that ride motorcycles, and who advertise that they ride motorcycles, besides me? I would be shocked if there were more than one that I know of!

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

  • Share/Bookmark

Motorcycle Riders Beware; The Bad Economy Can Kill You.

Potholes in street are a bikers worst nightmare

Potholes in street are a bikers worst nightmare

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.

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

  • Share/Bookmark

8 People are Killed at an Off-Road Racing Event in Lucerne Valley; What are the Legal Ramifications?

Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.

I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.

You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.

YouTube Preview Image

I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.

I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.

As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.

They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.

They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.

Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.

If you or your family suffered through the wrongful death of a loved one at this event, or your or a loved one were injured at this event, all me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © August 2010

  • Share/Bookmark

Aerosmith guitarist Joe Perry injured in motorcycle accident

Joe Perry of Aerosmith

Joe Perry and Steven Tyler of Aerosmith

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.

California Motorcycle Accident Attorney Website

  • Share/Bookmark

Are There Any Real Biker Lawyers out there Beside Myself?

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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.

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

  • Share/Bookmark

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

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

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

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

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

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

YouTube Preview Image

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

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

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

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

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

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

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

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

Officer found guilty for shooting, click here for story.

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

  • Share/Bookmark

A Season of Changes; One Step at a Time

Norman Gregory Fernandez, Esq. and Jay Leno at the Rock Store

Biker Lawyer Norman Gregory Fernandez and Jay Leno

Well the year 2010 is turning out to be a real interesting time for me in my life. Along with getting hitched in January, and upgrading my Electra Glide, this year is turning out to be a significant year for me.

I am completing the process of opening an office in Palmdale, CA which will handle not only Personal Injury, Family Law, and Civil Litigation, but I am staffing the office to be a pre-litigation hub along with my Norwalk, CA office.

Once Palmdale is completed and staffed, pre-litigation for Personal Injury for the entire State of California will be handled out of two offices. This will be a good thing for my car accident, motorcycle accident, truck accident, motor vehicle accident, slip and fall, and other personal injury clients.

We just completed the first phase of upgrading our telephone system. As always new clients can call 800-816-1529 x. 1, 7 days per week, 24 hours per day, to speak to an attorney and get a free consultation on your case. Our aim is to have an attorney on call all of the time for new clients.

We are also planning on revamping our websites, so that they are compatible with the new XML standards, and so that they are more streamlined.

This blog, the Biker Law Blog, will also change software platforms as well to ensure its continued success into the future. With about 1 million hits per month, this blog is successful beyond my wildest dreams. I conceived this blog as a way to discuss motorcycle legal, safety, and other issues, as well as discuss rides and other off topic articles. The Biker Law Blog has instead become a trusted source of information in the motorcycle community worldwide.

We have gone green as well. I have been one of the legal industry pioneer’s when it comes to the paperless office. I wrote a ground breaking article on the subject early in 1999 which was published in Law Office Computing Magazine. From that article, Los Angeles Lawyer magazine, in 1999, and California Lawyer Magazine in 2000, wrote stories about my efforts to go paperless. These articles were mentioned in other publications as well.

Before I became an attorney, I was a Senior Tele/Data Communications Engineer for various manufacturers, and had the opportunity to be on the cutting edge of technology. This expertise has allowed me to utilize technology within my own firm to not only cut cost for my clients, but to help save the environment as well.

By digitizing our documents, we save countless trees, which helps save the environment. By utilizing services like Court Call whenever possible, we help to reduce carbon emissions, by telecommuting to Court. There is no reason to waste paper and ink anymore.

We are not only trying to help the environment, but we are set up to cater to our clients. You see we come to our clients instead of making our clients come to us. As a matter of fact, in many cases the only time our clients ever have to come into our office is to pick up their settlement check if they do not want to wait for the mail. We use cutting edge technology to communicate with our clients, thus saving them money by reducing our overhead.

There are many law firms out there that will charge you anywhere from $300 to $1,500 and up just for basic costs and expenses on personal injury cases that settle pre-litigation. Heck, some firms even charge an administrative fee to handle property damage. This, excuse my French is bullshit!

My clients know that we are straight shooters. My firm has no “Minimum” expense charge. We only charge actual costs and expenses, which we try to keep as low as possible so that you get more money in your pocket.

We handle personal injury property claims for our personal injury clients “FOR FREE.” There is no so-called administrative fee for handling property claims in my office and there never will be.

If you are selling yourself short by going to a personal injury firm that takes a cut out of your property claim you are a fool!

Heck, call us now, we will help you to switch your case over to our law firm.

This year is a season of changes in my life; it is an exciting time for me one day at a time.

On the motorcycle front, I have purchased a couple of pairs of slip on mufflers, and am going to experiment in the next couple of weeks, as to which pair I will keep on. Right now I am running Screaming Eagles with a Stage 1 setup.

I have also decided to upgrade the stereo system on my Harley Davidson Electra Glide from the Harley Davidson Advanced Sound System, to an aftermarket solution with will enable me to integrate MP3, WMV, AAC and other digital formats directly into the head unit, as well as high definition tuning for the radio, Satellite Radio, direct iPod control, BlueTooth, and the ability to directly address a USB mass storage device from the head unit.

The reason for the sound system upgrade is because I am a long distance rider. So far in the last month I have rode the Yuma Prison Run, and the Laughlin River Run. Next month I am riding to Yosemite, Carson City, NV, and Lake Tahoe with some friends. My wife and I will be riding to Sturgis, SD for the biggest motorcycle rally in the world, Sturgis. (When I get to the rallies I will walk up to my so-called Motorcycle Lawyer competition who will be in booths, and laugh at them as usual. None of them actually ride; losers~~~anyway….)

It will be nice to not only be able to enjoy my entire music library while on the road, but also be to listen to quality satellite radio even in the middle of the desert.

So there it is for now, a season of change. I look forward to sharing new and exciting things with all of you soon.

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

  • Share/Bookmark

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

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

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

See Videos Below

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

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

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

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

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

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

YouTube Preview Image YouTube Preview Image YouTube Preview Image YouTube Preview Image

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.

  • Share/Bookmark

Truck Driver Charged in Fatal Arizona Motorcycle Crash

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

Motorcycles on the ground after horrible motorcycle accident in Arizona

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

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

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

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

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

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

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

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

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

There are possible charges pending for impaired driving.

The accident is still under investigation.

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

California Motorcycle Accident Attorney Website

  • Share/Bookmark

What is Causing the recent Rise in Motorcycle Accident Deaths?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Share/Bookmark
  • Share/Bookmark


If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

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

I created this site to provide information to the motorcycle and biker community, as well as general California Personal Injury, and Family Law Information to all.

On BikerLawBlog.com you will find Biker and Motorcycle Legal Articles, News, Links, Safety Tips, Personal Injury, Family Law, and more.

If you wish to contact me or submit articles, you may do so by clicking on the Contact Us button above, or by clicking here now