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!
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
I have been a personal injury attorney for almost 20 years. I have been riding motorcycles over 40 years. The one thing I can say for certain is that a motorcycle with 2 wheels, has much less traction than a car with 4 wheels.
Further, a motorcycle wheel has much less traction than a car wheel, because the motorcycle wheel is rounded, whereas a car tire l is flatter and has more area of rubber on the pavement.
With that being said, it’s very important for motorcycle riders to not tailgate, and to keep a safe distance and speed from the car in front of them, so they can stop in case the car comes to a sudden and unexpected stop.
I know of many instances where individual riders, groups of riders, and even motorcycle clubs have had mass accidents, because the people in the front are tailgating or riding to close to the cars in front, the car suddenly braked, causing a chain reaction crash.
I just gave a consultation to a gentleman who in his mind thought he was not at fault, when he had to lay his motorcycle down on a freeway on-ramp because the car in front of him came to a sudden stop.
Apparently there was a crosswalk on the on-ramp, and a pedestrian was within 20 feet of the crosswalk when the car stopped. In the biker’s mind, the car should not have stopped for the pedestrian. It never occurred to him that he should have kept a safe distance from the car in front of him so that in case the car stopped he could stop.
I had to tell him that it was he, the motorcycle rider, that was at fault in that instance.
Not only do motorcycles take more time to stop in an emergency situation than a car because of less traction area on the pavement, but the consequences of crashing can be catastrophic to motorcycle riders.
Basically it’s not worth your life. I know guys who tailgate when they ride. It drives me crazy to ride with these guys, and I absolutely will not stay with them, I will stay back so that in case the cars brake they’re going to eat the back of the car not me.
Ensure that you keep a safe distance and speed from the car in front of you, and anticipate that the car may slow down or suddenly stop. If you ride with this in mind you will be a safer motorcycle rider.
As a personal injury attorney who is an expert in motorcycle accident cases, I get reports of motorcycle accident cases from all over the country on a daily basis.
This particular summer, seems like the worst summer for fatal motorcycle accidents that I’ve ever seen. Many of the motorcycle accidents are caused by negligent cars and cagers, but many are caused by drugs and alcohol, or excessive speed, on the part of the motorcycle rider.
Here are examples of some of the reports I received within the last 21 hours:
Uncasville man dies following Friday motorcycle crash
An Uncasville motorcyclist died at the hospital following a Friday afternoon crash in North Stonington, according to state police. Alexander Morales, 61 …
Police ID man killed in Fair Lawn motorcycle crash
Elgendy’s Harley Davidson motorcycle was traveling northbound on River Road, he said, with the Ford F-150 pickup truck, traveling southbound, …
Man injured in South Berwick motorcycle collision
SOUTH BERWICK, Maine — A collision between a motorcycle and car sent one man to the hospital Sunday morning, according to a dispatcher with …
Ramp Was Closed After Deadly Motorcycle Crash
COLUMBUS, Ohio – The ramp from State Route 104 to U.S. 33 southbound was closed after a deadly motorcycle crash late Saturday afternoon.
Two seriously injured in motorcycle crash
County police summoned to the scene at Ritchie and Cedar Hill Lane at about 9:37 p.m. found that a southbound Honda motorcycle had struck the …
Lenexa man dead in motorcycle accident, Shawnee woman hospitalized
Police on Saturday released the name of the driver of a motorcycle who died Friday evening in a crash in the 19100 block of Prairie Star Parkway in …
Police say Bigelow man killed in motorcycle crash
Associated Press, news source 8:17 p.m. CDT August 15, 2015 … Arkansas State Police say a Bigelow man has been killed in a motorcycle crash.
Sheriff: Speed, alcohol factors in fatal motorcycle crash
Speed and alcohol appear to be factors in a crash that killed a motorcyclist in Green County Saturday night, according to a release.
2 Charleston County motorcycle deputies involved in accident
Shortly before 12:30 p.m., two of the motorcycle deputies from the Sheriff’s Office Traffic Unit collided with each other while on a special event escort …
Above is just a small example of the motorcycle accidents that have taken place over the past 21 hours. It is hard to fathom how many motorcycle accidents occur on a daily basis.
I have been riding motor driven two wheeled vehicles since I was a kid. I have been riding street motorcycles since I was 16. I have been in motorcycle clubs, I have been riding clubs, and ridden with thousands of people over the years. I ride on my motorcycle thousands of miles per year. I can tell you from personal experience the things that will make you most safe riding.
Wear proper motorcycle riding gear. This means good helmet, good jacket (armor plated jackets are readily available), denim pants, good riding boots, and gloves. I see too many idiots on the road riding in shorts, tennis shoes or flip-flops, and even with no shirts on. When you go down the only protection you have is what you are wearing.
Always anticipate that the cars on the road do not see you. If you ride as though the people you are on the road with do not see you, you will be much safer. It is a documented fact that most people riding in cars, trucks, or other motor vehicles, do not see motorcyclists. For some reason the way human beings are wired, they are not looking for motorcyclists. We can literally be right in front of them, and they do not see us. Another issue is the ubiquitous use of cell phones and texting drivers now, which is an epidemic. If you act as though you are invisible, you will ride safer.
Do not ride fast. Speed is the number 1 enemy for motorcyclists. It will kill you in an accident that is not your fault, and it will cause accidents that are your fault. If the speed limit is 80 miles an hour that does not mean you should be riding 80 miles an hour on the freeway. Unlike people in cars or trucks who have 4 more wheels to stop with, to balance with, and to turn with, motorcyclists have two wheels only. We have a lot less tire area, and friction between the pavement to work with. Riding slower will give you more time to stop, to take turns more safely, and allow you to identify potential hazards. To be frank it also makes riding more enjoyable.
Do not tailgate. I not only ride with people who tailgate, but I see many motorcyclists tailgating behind cars. These people are idiots. I never tailgate on a motorcycle. What do you think is going to happen if you tailgate a car and the car suddenly stops? A few years back an entire motorcycle club in Oregon was taken out by an SUV that stopped suddenly in traffic. The same thing happened in Arizona when multiple members of motorcycle club were killed when they hit a truck. I know of many instances where entire packs of bikes have gone down because one or two riders in the front deciding to tailgate behind vehicles. California law requires that vehicles keep a safe distance between them and the car in front of them. It is just common sense only for motorcyclists but for cars and trucks as well; do not tailgate.
Do not use drugs or alcohol when riding your motorcycle. This is not just a cliché or saying. When you are on a motorcycle you need 100% mental function, and even then sometimes you get yourself in dangerous situations. If you use drugs or alcohol you exponentially increase your chances of wrecking your bike. Do not do it.
Keep your motorcycle in proper working order. There was recently a Harley-Davidson recall on 2014 touring models for an improperly placed brake line, that in time could cause too much pressure to be put into the brake line and that could cause the front wheel to lock up. If the front wheel locks up on you on a motorcycle 99.9% of the time you are going to go down. One idiot from a major motorcycle magazine was making fun of the recall saying that in the old days a real biker would not have to take their motorcycle back to the dealer simply to get a tie wrap placed around the improperly placed brake line. He went on to say there was an unwritten contract between the biker and the motorcycle manufacturer, that the motorcycle manufactured can put out crap, and it was the biker’s responsibility to fix it. This guy is a moron. He is one of those types of guys who does not think that an injured person should go to court to get compensated for their injuries. This guy is so out of touch, he should not be writing for a major motorcycle magazine. The bottom line is you as a rider, have a duty to inspect your motorcycle to make sure the tires are properly inflated, have proper tread, and that basic maintenance is done on the bike, so that when you are riding at 40 mph plus, your engine, transmission, or wheels don’t suddenly lock up, or blowout. Unlike in a car, the situation what a mechanical malfunction occurs is much more dangerous. It is up to you to make the probability of this happening less likely by proper preventive maintenance. However, it is also the responsibility to take your motorcycle in what any recalls occur.
Do not ride your motorcycle when you’re in a bad mood. You definitely do not want to be a road rager on a motorcycle. If you’re in a bad mood or pissed off, it’s better to calm down before you get on your motorcycle.
Do not ride in bad weather unless you have to. Yes I know there are a lot of Midwesterners and East coasters who have very bad weather to contend with compared to me here in Southern California. These people always badmouth us Californians for being sissies when it comes to riding in bad weather. I don’t care how much of a badass you are, when the pavement’s wet, your tires have less traction. Hydroplaning on 2 wheels is much worse than hydroplaning in a car or truck that has 4 or more wheels. Taking a turn on wet pavement on a motorcycle is much more perilous than on dry pavement, especially at high speed. Unlike in a car, truck, or other motor vehicle, we and motorcycles do not have windshield wipers. If you have a car, you should ride your car on rainy and wet days. If you absolutely have to ride in bad weather, make sure you have a good motorcycle rain suit, a full-face helmet, keep your speed down, and anticipate that you will lose traction.
There are many more safety tips I could give you about riding motorcycles. I’ve learned many of these from personal experience, and from observing. I welcome you to make comments with your own safety suggestions.
I am a real deal expert in motorcycle accident cases. If God forbid you a bit of an accident anywhere in the state of California give me a call at 800-816-1529 extension 1. I will personally talk to you about your situation and we can discuss together what to do.
I am announcing the termination of my partnership with Lawrence A. Moy.
I have been friends with Mr. Moy for many years. They say friends should not go in the business together, and I fully agree. If any of you have any questions regarding the termination of my partnership with Lawrence a Moy, give me a call to discuss.
The Law offices of Norman Gregory Fernandez & Associates is back. We aim to provide excellent customer service to all of our clients.
We have meeting locations throughout the state of California, and have a central prelitigation office in Huntington Beach California.
I just got back from the 75th annual Sturgis motorcycle rally, in Sturgis, South Dakota. Although it was not as good as previous years, it was definitely more crowded, and it was a blast. I will be writing about it soon.
It appears there are 2 primary marketing outfits advertising to bikers at the motorcycle rallies.
I am not going to name them, but one of them says they are tigers, and the other rhymes with rust.
The last I checked the one that’s named after the animal, is an association of attorneys that does marketing for lawyers, and that anyone can join for an annual fee. Basically they are marketing for those that pay the annual fee. The other signs up cases, and refers them out to associated attorneys, in return for a referral fee. Both of these outfits make it appear to bikers that they will be represented by real biker lawyers from their organization. I think their advertising is grossly misleading to the biker community.
I am sure there may be legitimate motorcycle riding attorneys associated with either one or both of these outfits, but as for me I think it is absolutely disgusting for attorneys to be advertising in this misleading manner at motorcycle rallies, I think it’s bad karma.
As for me, I am the real deal. I ride and I do motorcycle cases. I’m an expert in motorcycle cases. If God forbid you have a motorcycle accident call the guys I mentioned above, and then call me. I’m sure you want to sign up with me after talking with me.
With respect to the biker law blog, thank goodness, we are on a new server. You may have noticed delays with comment moderation, load times of the blog, and my flat out not updating the blog very often anymore. The fact is the biker law blog has become a huge monster. At the present time it takes up about half a terabyte of bandwidth per month, and is almost 2 GB in size. Our previous web host severely limited what I could do with the blog. Many times it was suspended for using too much bandwidth. Hopefully this problem has been resolved.
I look forward to writing many new articles in the near future. I look forward to hearing any feedback.
On March 30, 2013, Alvaro Horacio Arroyo, was enjoying a day with his family.
He is pictured here on the upper left with his mother just 20 minutes before he was fatally injured in a motorcycle accident that was caused due to a negligent elderly person who made a left turn in front of him.
He was the jovial father of four sons, Alvaro – age 13, Alessandro – age 9, Ali – age 7, and Alden – age 2.
He was a loving husband to a blind and disabled wife Rosa.
He was a loving brother to Marisa, Nancy, Hector, Elmer, and Jesse.
He was a loving son to mother Agripina.
Alvaro was known as a kind and jovial person; the kind of person who made friends with everyone. He was the kind of person who made everyone laugh, and who everyone wanted to be around.
He was a role model to his children, and never balked at lending a helping hand to anyone that needed it, most of all his family.
On March 30, 2013, Alvaro decided to take his niece Bianca, for a ride around the block on his 2012, Yamaha YZF R6 motorcycle.
Bianca happened to be the primary caregiver for Alvaro’s disabled wife Rosa, and is herself also married with kids.
On that fateful day on March 30, 2013 as Alvaro and Bianca went for a short ride around the block where they lived, a car driven by a careless and negligent elderly person turned left directly in front of them.
Having no time to react or maneuver or stop, they hit the vehicle.
Alvaro suffered massive head trauma and died of his injuries on April 5, 2013.
Bianca suffered severe injuries to her right leg, and the right side of her face which required multiple surgeries to both.
Her recovery will be slow and painful and she will need much more medical treatment and therapy to recover.
Rosa and Bianca now both need help living day to day, as well as their children.
The children of Alvaro and Bianca are suffering untold emotional distress, and at their young age do not really full comprehend the tragedy that has happened to the family simply because a negligent driver was not paying attention to what they were doing while driving.
Alvaro was a registered organ and tissue donor. With his wife’s approval, Alvaro’s organs were donated in an attempt to save other people’s lives. One Legacy he leaves is that he has helped other people to live by donating his organs.
This tragedy has left Alvaro’s family with no money to live.
They are in extreme need of help. The family is accepting donations through their PayPal account at:
Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.
I have moved to Huntington Beach, and my new law firm “The Moy & Fernandez Law Group,” is fully operational.
Our phone number and fax number are the same, 800-816-1529, but we have consolidated all our California pre-litigation operations into one location in Irvine, California.
So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, the pre-litigation will be handled by our competent staff in the Irvine office, while our field staff continues to come to you anywhere in the nation.
We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.
My partner Lawrence A. Moy, who has been a friend and brother since 2002 has merged his firm with mine to create a premier California Personal Injury Law firm. Together we have handled thousands of cases, and settled millions of dollars for our clients. We have many years of combined experience.
I feel sorry for the poor bastards who oppose us on cases, I give no quarter. Some lawyers say they will fight for you, we will kick ass for you.
I think we have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.
I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.
I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.
When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.
Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.
I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.
So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.
Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.
### This partnership has been terminated as of 2015, if you have any questions call 800-816-1529.
I am pleased to announce that my law firm, The Law Offices of Norman Gregory Fernandez & Associates, of Chatsworth, CA, and The Law Offices of Lawrence A. Moy of Norwalk, CA is merging into a new law firm called The Moy & Fernandez Law Group, effective February 1, 2013.
All of our pre-litigation operations will be merged into a single new office in Irvine, CA. We will still have meeting locations throughout California for all of our new and existing clients. We will publish the address of our new Irvine office soon.
I myself am moving to Huntington Beach, California.
This merger will bring to the table vast expertise in the area of California Personal Injury.
Combined, both firms have handles thousands of California Personal Injury cases, and have obtained millions of dollars in settlements and judgments for our clients.
The merger will also enable our law firm to better service our existing clients, as well as be in a better position to work on large scale mass tort cases.
The merger of the two law firms is already in process and is expected to be completed by February 1, 2013.
For some clients our phone number will remain the same, for others, it will be changing. The Phone number of our new law firm is 800-816-1529, our fax number will be 888-273-0393.
Our new law firm website will be www.mflawgroup.co . We expect our new website to be up by February 1, 2013. Our main personal injury website will continue to be www.thepersonalinjury.com , with the merger changes done on that site by February 1, 2013.
For our existing clients there is nothing at all to do on your end, all of your cases will continue to be worked as usual. New clients should continue to call 800-816-1529 x.1 for free consultations.
The Moy & Fernandez Law Group will primarily handle California Personal Injury Cases and other practice areas.
We look forward to being your California Personal Injury solution god forbid you ever have an accident that is not your fault.
** This article was written on August 30, 2012, 2012, but it is being published on December 18, 2012. There will be one final article to be published soon about the rest of my epic vacation. There will also be a post of many videos from the vacation. Again, this article was written on August 30, 2012.
First off, before I get started, let me follow-up with my status on August 27, 2012.
Liz and I toured all over the Black Hills of South Dakota. We visited Mount Rushmore, the Crazy Horse Memorial, Sturgis, and Rapid City. We had a good time in South Dakota especially on the motorcycle. The Black Hills offer some great riding in what I consider to be intermediate twisties. I think the twisties we have where I live in the Angeles National Forest or in some places in the Santa Monica Mountains are much more difficult to ride than the Black Hills.
All in All though, the Black Hills are beautiful and I will be back next year.
We left South Dakota on August 29, 2012 for Yellowstone National Park in Wyoming.
When we reached the mountains off of US 14, I knew we were in for some exciting views. These are the steepest mountains I have taken my RV on since getting the RV. We went up to an altitude of 8,900 feet.
On the downside of the mountain, there was a sign showing a truck on a downgrade stating that it was for the next 17 miles. Another sign stated for trucks to switch into lower gears. I shifted into 2nd gear.
The downgrade was extreme. I pumped my brakes rather just holding them down. I cannot describe what it is like to try to slow down a very large 35’ RV with an Electra Glide and trailer in tow, on declines such as the one we were on. It was scary.
On the way down, we both heard a noise that we could not identify. Later on, I felt the brakes get a bit mushy but they still worked. We came to a visitor’s area where there were waterfalls and a viewing area. I told Liz that I was going to stop to check out the brakes.
It was around 6-6:30pm or so and starting to get a bit dark in the mountains. Since the sun was going down Liz did not want to stop or possible or get stuck in this desolate place. I told her we had to stop. I got the rig slowed down and turned right into the area, I downshifted to 1st gear to slow down more without using the brakes, when I pushed down on the brakes to stop, the pedal went to the floor and to my horror were gone. We were not slowing down and we were not stopping.
In my 49 years heretofore, I have driven or ridden many cars, trucks, motorcycles, you name it, nothing that I have driven or ridden has lost all brake power before, nothing.
Here I was heading for a sheer cliff straight ahead, literally a sheer cliff, and I had no brakes. I yelled to Liz that we had no brakes. I tried shifting the rig into park; it just made a click click sound but did not slow down.
I told Liz that we were going to crash.
I intentionally steered the rig sharply to the left so that we would hit the side of the road which were rocks rather than go off of the cliff. I could not believe that when I made the sharp turn to the left that we did not tip over on our side.
I told Liz to brace herself. Literally from the time I realized I had no brakes until the time we crashed was just a few seconds.
I noticed a white thing where we were headed, I steered to avoid it.
We jumped up onto a curb, crashed through a wood fence, and by the grace of god were finally stopped by two beefy barriers that the National Park Service has planted along the sides of the road.
After the initial impact we kept going until we hit these barriers. We did not stop right away.
After the impact we just sat there. I was freaked out about the damage to the rig, Liz said “Norman don’t worry, we are alive.”
Let me tell you, had I steered wrong or stayed on the road that day, I have no doubt we would no longer be here on this earth. What if I would have lost the brakes on the road? I would have gone 35-40 mph or faster right over the edge. If anyone has ridden the US 14 in Wyoming, you know what I mean.
Two days ago I lost my brakes on a severe downgrade on US 14 in the Big Horn National Forest in Wyoming. I had to intentionally crash my RV in order to get the rig stopped.
Thanks to the fine people of Greybull, Wyoming, we were towed off of the mountain into a KOA RV Park last night, and the same guy came this morning to pick up the rig to repair the brakes. The parts won’t be in until tomorrow, so the repair guy is allowing us to bunk down in the RV on his property.
I have fallen in love with Greybull, Wyoming and so has Liz. The town has about 1100 people who all seem to know each other. Went to dinner tonight and ended up meeting some of the town folk. I was invited to attend a shooting event on a private ranch. The people here leave their keys in the car, and will bend over backwards to help you.
I rode up to the crash site twice today, from Greybull, Wyoming east on US 14 up into Big Horn Forest, once by myself, once with Liz. This ride is the most beautiful and awe inspiring ride I’ve ever taken in my life. No words can describe the wide vistas, the ancient canyons, the trees, and the waterfalls. It was as if I was in the most beautiful place on earth on my Harley.
Getting back to the accident; had I not turned the way I did Liz and I would not be here. There was a sheer cliff in front of us when I lost the brakes. It was a scary experience. The RV sustained damage to the lower front where it hit, and the back where the trailer fish tailed. We are not injured. I was told that many RV’ers lose their brakes up here every month; live and learn. I lost my lower lights in the front and some fiberglass. It can be repaired.
If the parts come in tomorrow and the RV is otherwise safe to drive we will be heading to Cody, Wyoming, where I will set up camp. Saturday we will ride the Harley through Yellowstone from the east entrance. Until then….
As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.
If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.
Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.
Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.
The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.
Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.
Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.
I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.
I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.
Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?
Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.
What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.
I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.
I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.
I have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.
Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.
Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.
The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.
Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.
I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.
Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.
I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.
Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.
They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.
One of my sayings is that it is better to get two thirds of something instead of all of nothing.
To me this is plain stupidity, and there is a lot of it out there lately.
It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.
The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.
Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.
Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.
If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com
The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.
Best of all it is FREE for all users worldwide.
Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.
We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.
Here is a description of the California Accident App™ right from iTunes and Google:
Why download the California Accident App™?
The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.
Here are some screen shots, click on each image to see a bigger image:
California Accident App™ features:
– Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
– Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
– Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
– Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
– Emergency Services Locator.
Here are the QR Codes to help you find our California Accident App easier:
Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it.
A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;
A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.
I literally get at least 5 calls a week with this exact same scenario.
In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.
I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.
What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.
The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.
This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.
Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.
Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.
If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.
Riding on a motorcycle with a friend is one of the most fun things you can do. It could be a much more enjoyable experience if the passenger understands and follows quick and easy rules. To become the kind of passenger riders wish to ride with, try to remember the advice given below:
Wear clothing that will give you some protection in the unlikely event of crash or accident. At the minimum, you should wear the following to safeguard yourself:
Footwear that protects your feet and your ankles (hiking boots are excellent).
Durable pants–leather is most beneficial; if you don’t have or cannot get leather, you will need to get by with jeans, work pants, or something like that. An abrasion resistant jacket that zips or buttons in close proximity to the neck (again, leather is advisable should you have it; a nylon flight jacket or parka are satisfactory, and a Levis-type jacket will do in a pinch).
Eye protection–ideally, the helmet you borrow or own needs to have a face shield for comfort in addition to eye and face protection. If it does not, goggles are excellent, and glasses (dark or prescription) will do.
It’s also wise to make an effort to dress appropriately for any weather.
If you have not ridden as a motorcycle passenger very much, you probably do not realize how hot or how cold it can be on a motorcycle ride. If it is hot, it will feel a lot hotter when you are riding; when it is cold, it will feel a lot colder when you are riding. Ask the rider for assistance or tips on dressing for any anticipated weather conditions. When choosing comfortable attire, try not to compromise your minimum level of protection as described above.
On hot sunny days, one trick would be to wear an extra-large white shirt over your jacket. It’s going to reflect a great deal of heat and help keep you cool. (This is not one of my tips, but it is recommended by other riders) In general, it really is easier to dress safely and comfortably for just a cool day compared to a hot one. Lastly, don’t wear anything loose and floppy (like a long scarf or bell bottom pants) which could get caught in the rear wheel, sprockets, drive chain or belt, or any other moving area of the motorcycle. You could injure yourself, and might cause an accident.
Wear a securely fastened helmet which fits properly. Most riders have extra helmets and will also be glad to loan you one.
A helmet should be a snug fit; it shouldn’t be possible to twist it around on your head. The strap should be pulled as tight as you can get it without choking yourself out. You can try for fit, and also to find out if the strap is tight, by holding the chin bar of your full face helmet, or the side edge of an open face helmet, directly over your forehead, and attempt to pull the helmet backwards off top of your head. In the event the helmet ends up on the back of your head, tighten the strap or get a helmet which fits.
Under no circumstances should you ride with a helmet that will slip easily over your head with the strap on. The rider can instruct you on the best way to put on your helmet properly. If you ride often, you will eventually want to buy your own personal helmet. Just about any motorcycle shop will help you choose a suitable helmet which fits you correctly.
Before you decide to attempt to get onto the motorcycle, make sure that the passenger foot pegs are down. (They fold when not being used, and it is easy for the rider to forget to put them down for you.) If you do not know where the foot pegs are, have the rider point them out to you.
Also, beware of the exhaust pipes. Make sure you know where they are, and do not let your leg or any area of your body touch them when you get on or off of the motorcycle. They can and will give you a severe burn all the way through the heaviest pants if you touch them with your legs or another part of your body.
It is actually customary to get on or off the motorcycle from the left side. Always wait for the rider to inform you its okay to mount or dismount. Should you begin to clamber on (or off) when the rider does not expect it, the sudden motion of the motorcycle can and may be disconcerting to the rider. You might even pull the motorcycle over.
The best way to get on a motorcycle and the method almost all passengers should use is to extend your right leg over the rider’s portion of the seat, and then slide gently up onto the passenger part of the seat. Put your feet on the foot pegs and that’s it.
If you aren’t able to do that because you are a small person or perhaps a child, this method may work: put your left foot on the left passenger foot peg, lean your whole body all the way over the motorcycle, and gently step-up until you can swing your right leg over the seat and ease yourself down. You need to keep yourself low and lean over the center of the motorcycle as much as possible when you jump on, to help the rider keep the motorcycle balanced. The extra weight of your body, if it’s too far out of line with the weight of the motorcycle, could pull the bike over.
A person reasonably in close proximity to a normal size (man or woman) should never need to use this method to mount a motorcycle, and a heavy person should not attempt it under any circumstances.
It’s all a matter of balance; the rider may not be sufficiently strong enough to hold a large motorcycle upright should you cause it to get out of balance.
To dismount, just reverse the process you utilized to jump on. After some practice, getting on and off will become second nature.
Once you are on the motorcycle, plant your feet on the passenger foot pegs and keep them there under all circumstances. You do not want to bring your foot into contact with the ground, rear wheel, drive chain, belt, or the hot muffler.
Never make an attempt to assist the rider to hold the bike upright when it’s stopped by putting your foot down. Keep the feet safe by keeping them on the foot pegs at all times.
Place your hands on the rider’s hips. This is the best way to keep hold of the rider, and it keeps you in touch with the rider’s movements. Keep your weight centered over the motorcycle. Try not to move around any more than is necessary, particularly when the motorcycle is stopped, because it affects the balance of the motorcycle.
Motorcycles turn by leaning (banking like an airplane), not by steering like a car. So don’t be alarmed when the motorcycle leans over to go around a corner.
To set yourself into the right position perfectly for any turn, just look over the rider’s shoulder towards the turn. When the motorcycle is turning right, look over the rider’s right shoulder; when it is turning left, look over the rider’s left shoulder. You don’t have to do anything else; looking naturally over the rider’s inside shoulder will automatically put your weight exactly where it belongs in a turn. Keep your body in line with the rider’s body to prevent the motorcycle from leaning greater than the rider intends. (When going straight, it does not matter which shoulder you gaze over.)
Never lean beyond a turn; you could cause a crash that way.
When the rider applies the brakes, it creates a forward weight transfer on the motorcycle. In the event the rider is forced to brake hard, as in an emergency, this forward weight transfer will be very apparent to you; you’ll be forced up against the rider, and you will begin to slide forward on the seat.
Don’t panic. Try to keep back, off of the rider. Resist sliding forward by pressing your feet up against the foot pegs; make use of your thigh muscles to manage your position on the seat. Should you slide forward, you may force the rider forward, decreasing the rider’s control of the motorcycle. Additionally, it moves the weight distribution of the motorcycle forward, reducing the weight on the rear tire and therefore the traction of the rear tire, which makes it much more likely that the back tire will begin to skid. Obviously, none of this is desirable. Try to keep yourself from jamming up into the rider by using your foot pegs and your thighs.
You will be an active participant in the ride by staying alert and being prepared. Help the rider search for potential danger, and stay prepared to hang on and hold yourself back in the event you anticipate a need for sudden braking.
Likewise, in the event the rider is forced to swerve the motorcycle in order to avoid a hazard in the road, you have to be prepared for a sudden lean and change of direction.
It’s also possible to assist the rider by scanning for animals that may run into the street. Dogs and deer are particularly unpredictable, and you might see a deer on a hillside above the road, or perhaps a dog in somebody’s yard, before the rider. (After all, the rider is concentrating primarily on the street.)
In the event you spot a hazard of any type that you think the rider is unaware of, rap the rider on the appropriate shoulder, and point at the hazard in a manner that brings it to the rider’s attention.
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.
Motorcycle accidents can be tragic as well as upsetting events.
The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.
A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.
Additional causative factors
Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.
An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.
Be careful out there when riding your motorcycle.
Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.
** December 19, 2011 Update: I regret to inform you that David Landowski the rider of the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.
The following news was reported today as a short blurb in the press.
Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.
The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.
According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.
Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.
The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.
It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.
For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.
The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.
The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.
Their life is changed in an instant.
I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?
Either way one thing is certain, David Landowski’s life will never be the same again.
The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.
Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.
So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.
There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.
The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.
It has been estimated that approximately 90% of all motorcycle riders are weekend riders only. That is, they only ride their motorcycles on Saturday or Sunday only.
I am not sure how true this statistic is, because I sure see a lot of guys and gals riding their motorcycles to and from work during the week.
Hell, in some cities like San Francisco, there are hundreds of motorcycles and small scooters parked in downtown during working hours.
If the statistics are true that most people who ride motorcycles are weekend warriors, then that is a troubling statistic for me; here is why. The art of riding a motorcycle is in fact an art. The more you ride your motorcycle, the better you get at being a motorcycle rider.
Experienced riders, who take time away from riding their motorcycles, necessarily take time to become proficient riders again, and the only way to become proficient is to spend time back in the saddle.
Right now it is winter time and many motorcycle riders cannot ride their motorcycles because of the weather. They too will need to take it easy when they get back on their motorcycles when the weather breaks.
Therefore weekend warriors or people that have taken some time away from riding need to take it real easy when they get back on their motorcycles so that they can get used to riding again, even if they have taken 5 days off from riding their motorcycles in between weekends.
Another issue weekend warrior’s face is Sunday drivers; even Saturday drivers are Sunday drivers. What is a Sunday Driver? A Sunday driver is a driver of some kind of cage such as a car, truck, SUV, etc., that rides around on the weekends with their family in the vehicle, distracted by a family outing, and not paying attention for people riding motorcycles.
Therefore weekend warriors more than most motorcycle riders, need to take it real easy on their motorcycles. Do not speed, pay attention for cagers about to turn in front of you, and realize that your riding skills take time to come back after a 5 day absence from riding.
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.