Category Archives: Damages

Articles related to Personal Injury damages; Compensatory Damages, General Damages, Special Damages

A Life Changed in an Instant, the anatomy of a Motorcycle Accident

northridge-motorcycle-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.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © December 17, 2011

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How can you protect yourself financially if you have a Motorcycle Accident?

California Motorcycle Accident Attorney Norman Gregory Fernandez

California Motorcycle Accident Attorney Norman Gregory Fernandez

I am a Motorcycle Accident Attorney who handles motorcycle accident cases all over the State of California. Unlike all of the other lawyers out there advertising for motorcycle accident cases, I actually ride motorcycles.

I have a unique incite above all other lawyers who do not ride motorcycles because I am actually a biker like you.

I cannot tell you how sick and tired I am of getting a new motorcycle accident case, where my client has suffered catastrophic injuries, and the person at fault has minimum $15,000 coverage, no coverage, or coverage nowhere close to covering the damages in the accident.

Look let’s face it, we motorcycle riders are far more likely to be seriously injured or even killed in a motorcycle accident, then those who ride 4 wheel cars or trucks. Unlike the person in a car who has a metal cage around them, all we have is the helmet and clothes on our body to protect us. When we hit the ground at speed we tend to suffer more serious injuries.

It is smart and prudent for those of us who ride motorcycles to protect ourselves financially in case we are in an accident.

So you may ask how we protect ourselves financially in case we are in a motorcycle accident.

It is simple; we buy enough insurance to cover the risk of catastrophic injury in case we are in a motorcycle accident.

How do we buy the right insurance? It is simple, in California, most uninsured motorist coverage policies also cover under insured motorist as well. In other states or even California, you want to make sure you have uninsured motorist and under insured motorist coverage in an amount of no less than $500,000 dollars. I suggest that you have at least one million dollar uninsured motorist and under insured motorist coverage for motorcycle accidents.

Uninsured motorist coverage will cover you in case a person who is at fault in an accident has no insurance.

Under insured coverage, covers the difference between what the at fault driver insurance policy limits are and your coverage. It gives you the option of deciding how much coverage you will need.

I also suggest that you maintain high liability coverage limits as well (In case you are at fault) for your passenger in case you are in an accident where you are at fault.

Finally how do you cover yourself for an accident that you are at fault in? You can get comprehensive and collision coverage to cover your motorcycle, rental car coverage to cover your loss of use of your motorcycle, and medical payment coverage to cover your medical bills.

Most policies that I have seen only cover medical payments up to $10,000; however I am sure you can get more coverage depending upon how much you are willing to pay.

So there it is there are no more excuses for not enough insurance coverage to cover you in case you are in a motorcycle accident. Call your insurance agent and get yourself covered.

I do not want to find myself one day trying to explain to you why after you have suffered a million dollar injury, you will only get $15,000 in your motorcycle accident, because the person who is at fault only has minimal coverage, and no assets to pay you a million dollar judgment.

Besides, if you do get a million dollar judgment against an at fault driver, all they have do to is go bankrupt to get rid of the debt to you. The right insurance is almost always the only way to protect yourself financially in a motorcycle accident case.

If you or your family have been the victim of a motorcycle crash, 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.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © September 18, 2011

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A Truly Disturbing Motorcycle Accident Caught On Video

California Motorcycle Accident Attorney Norman Gregory Fernandez

As a California Biker Lawyer, I handle horrific motorcycle accident all over the State of California on a daily basis.

Hell, I was just talking to one of my investigator’s yesterday, as we discussed a fatal motorcycle accident that happened on the 5 freeway yesterday just north of the 14 interchange in Valencia, CA, that everytime I handle a motorcycle accident it kind of makes me think long and hard about continuing to ride a motorcycle. (At least for a second)

My investigator Scott rides just like I do.

He always says the same thing to me, “you will never quit riding motorcycles.” He is right, unless I am physically unable, I will always ride motorcycles. I cannot imagine not riding motorcycles. Anyway, getting back to the subject of this article…

I just watched a video of a horrific rear ender motorcycle accident that occurred in the State of Texas.

This video demonstrates quite literally, the dangers that we as motorcycle riders face by drivers of cars who are not paying attention.

The driver of the car that hit the motorcyclist in this instance did not even have a driver’s license. In the video it is stated that the driver of the car was only given 3 tickets.

I think he should have been given more than that! You watch the video and decide for yourself.

Click here to watch the video, warning, it is quite disturbing.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © April 26, 2011

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To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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I am Really Sick and Tired of Ambulance Chasers who give us Real Personal Injury Attorneys a Bad Name.

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

Yes you read the headline of this article correctly; I am sick and tired of ambulance chasers who give ethical personal injury attorneys such as me, a bad name.

An ambulance chaser has been defined by an online dictionary as:

“A lawyer or entrepreneur who hurries to the scene of an accident to try to get the business of any injured persons.”

First of all let me tell all of you something right now, lawyers or their representatives are prohibited from soliciting your business at the scene of an accident in the State of California.

Any attorney who engages in such conduct can face disciplinary proceedings.

If someone is coming up to you at the scene of an accident and recommending an attorney to you; chances are they are engaging in prohibited conduct.

You should never select an attorney based upon a solicitation at the scene of an accident, at your doctor’s office, by the tow truck driver, by a body shop, etc.

Always select someone based upon your own research.

My good friend who is an ex NICB agent, and who now runs an investigative corporation, has told me stories of unethical attorneys illegally paying runners, cappers, doctors, tow truck drivers, body shops, to refer cases to them.

He has also told me stories of personal injury attorneys who are in illegal partnerships with non attorneys to get business.

No attorney can fee share or be in a partnership with a non attorney to get your business.

To be frank, I am absolutely shocked to hear such stories. It is beyond my belief that some unethical attorneys are engaging in such behavior. It is to be frank, despicable.

For attorneys such as me who play by the rules, it is outrageous to think of the poor victims of this type of illegal activity.

Going one step further, you may have recently heard about the explosion in San Bruno and the horrible aftermath.

Sure enough, there are some bottom feeder law firms putting out press releases trying to scavenge business from those poor souls in San Bruno.

Historically in the State of California, attorney advertising was prohibited. In the last several decades attorneys have been allowed to advertise. Some have taken it too far.

I am not against attorneys being allowed to advertise, but I am against what I consider to be ambulance chasing in advertising.

The same thing happened after the Chatsworth Metrorail crash, and many other disasters.

As for me, I am no ambulance chaser. I do not need to be because I am good at what I do.

All of my past and present clients know this to be true. To be good at what you do, you need to actually care about your clients, and get them the money that they deserve.

Ask yourself a question; have you ever heard any other personal injury attorney discussing the topic of this article? Heck No. Do you wonder why? It is the dirty little secret that no one wants to talk about.

Well I am talking about it.

I would like to hear any comments you have. You may comment by clicking the comment link below.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © September 15, 2010

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If you Ride a Motorcycle You Need to Read This; it Could Save You or Your Family

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

California Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

I cannot tell you how many motorcycle riders have called me this summer after having a motorcycle accident.

One guy in particular really disturbed me. His fiancé called me. He was taken out by a 17 year old teenage girl who had gotten her drivers license 2 weeks before the accident.

As she was driving in the slow lane, she told the CHP that she swerved her car trying to avoid something in her lane. While swerving, she cut across 4 lanes of traffic on the 10 freeway, and nailed my guy on the motorcycle as he was riding to work as a truck driver.

My guy had been riding motorcycles for years, this was his first accident. He had leathers on, and a full face helmet. He suffered a traumatic brain injury from the accident.

In the hospital, his family and fiancé were told he had the worst possible type of brain injury, and that he had a 10% chance of survival. Even before he woke up from his coma, his family and fiancé were told that he had permanent brain damage.

The girl who hit my guy only had the California minimum insurance of 15k per person per incident. This insurance amount will not even cover one day of my guy’s hospital care.

He was in a coma for about a month and in the hospital for 4 months. He is recovering, but he will never be the same. He see’s double vision, he is learning how to talk again, and he will never be able to return back to work as a truck driver. It is unknown what the future has in store for him, but at least he is still alive, and his fiancé is sticking by him.

He is fucked not only because he got taken out by a teenage girl in a car on the freeway, but because of her minimum 15k insurance coverage, he will get no money at all to compensate him for his future care, future loss of wages, his pain and suffering, loss of enjoyment of life, his emotional distress, etc.

This girl ruined his life.

This does not have to happen to you or your family.

WOULD YOU TRUST THE FUTURE OF YOU OR YOUR FAMILY TO HOW MUCH LIABILITY INSURANCE A TEENAGE GIRL DECIDES TO BUY?

Read the above sentence very carefully. If you as motorcycle rider want to put you and your family’s future in the hands of whatever liability insurance another driver buys, then you are a fool, yes a fool.

I cannot tell you how many times I get calls from victims of motorcycle accidents who are stuck living with the policy limits of the people who hit them. 99% of the time, the person who hit you in a motorcycle accident case, does not have enough insurance to properly compensate you.

I have recommended for years that every motorcycle rider and biker carry at least 1 million dollars in under insured and uninsured motorist coverage to cover the difference between the insurance liability policy that a person who hits you has, and what you may actually need to compensate you for your losses in a motorcycle accident case.

Yet time and time again, I hear the same old story from motorcycle accident victims, they do not have under insured coverage or uninsured motorist coverage to cover their losses.

I will lay it out straight to you because I am a fellow motorcycle rider and biker; if you get into a motorcycle accident, chances are that you will suffer a catastrophic injury, because we are not surrounded by sheet metal like in a car.

If you suffer a catastrophic injury in an accident that is not your fault, you could be entitled to substantial money. In order to get substantial money, you need to have substantial insurance. Many if not most people who may hit you on the road on your motorcycle, either have minimum insurance or no insurance because of the economy.

Therefore you need to protect yourself and buy the level of insurance that you feel comfortable with in case you suffer a catastrophic injury. This is not only to protect yourself, but to protect your family as well.

I suggest 1 million in under insured, and uninsured. If you can afford more, get more.

Look many of you out there spend hundred’s and possibly thousands of dollars per year on aftermarket accessories for your motorcycles why not take a chunk of that and protect yourself and your family.

This is just common sense.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © September 10, 2010

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What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

California Personal Injury Lawyer Norman Gregory Fernandez discusses an inkeepers duty not to allow bed bug infestations in hotel rooms, or motel rooms. *** July 19, 2008 Update: Here is a link to a major news outlet story about bed bugs in major hotels. Click Here:

Here is a link to a video about bed bugs and what to look for. Click Here

Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle.

You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night.

As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail.

What do you do?

Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis.

The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures.

You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you.

You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own.

Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations.

Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client.

If you have been the victim of bed bugs in a hotel / motel, a motorcycle accident, a car accident, a truck accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case.

If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you.

If you do not feel like calling you may click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain.

Take care all and remember; don’t let the bed bugs bite!

California Personal Injury Attorney Norman Gregory Fernandez, © 2008

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When a Personal Injury Exacerbates a Pre-Existing Medical Condition; The “Egg Shell Skull” Theory.

California Personal Injury Lawyer Norman Gregory Fernandez discusses egg shell skull theory.Many people live their lives with pre-existing medical conditions such as: Bad knees; degenerative conditions in the back, previous broken bones that have healed, etc.

Are you entitled to recover for damages in a personal injury accident when a pre-existing medical condition is exacerbated? Yes!

The Egg Shell Skull Theory

The Egg Shell Skull Theory goes something like this. Let’s say Humpty Dumpty, who has a skull as thin as an egg shell, is driving, and gets into a car accident that is not his fault. His skull being as thin as an egg shell shatters into a million pieces so that all of the king’s horses and all of the king’s men could not put his head together again. Can Humpty Dumpty recover for his injuries considering the fact that he had a skull as thin as an egg shell, which is not normal for human beings? Yes!

The law of personal injury in a nutshell (not to be confused with egg shell) makes persons who are negligent, liable for injuries that they cause that are reasonably foreseeable. The case law on the subject has concluded that it is reasonably foreseeable that persons who are injured may have pre-existing conditions, or deformities, and that a negligent person must take the injured person as they find them. Hence Humpty Dumpty is entitled to a recovery eventhough is head is as thin as an egg shell.

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Don’t be a Fool; If you have are involved in a Car, Motorcycle, or Other Motor Vehicle Accident, Call a Personal Injury Lawyer As Soon As Possible!

the frustration of California Personal Injury Lawyer Attorney Norman Gregory Fernandez by people trying to settle injury accidents without a lawyerI cannot tell you how sick it makes me feel when someone calls me after they have been in a car, motorcycle, or other motor vehicle accident, after they have already allowed themselves to be screwed out of the money that they are entitled to by a savvy insurance company adjuster.

I just gave a consultation today to a person (sex and name removed for privacy) who was involved in a serious car accident with serious injuries. This person was driving a brand new $40,000.00 car that was hit so hard that frame damage was caused to the car.

They were also seriously injured in the accident, and are still treating for their injuries. What did this person do? They signed a settlement agreement for the bodily injury portion of their case for $750.00, which only allows for 3 months worth of medical treatment and/or a total of $3,000.00 in medical treatment; that is it. They got $750.00 and an allowance for only 3 months or 3k in medical treatment. They got royally screwed!

They called to see if I could get them out of the settlement which they had signed. They also wanted to see if I could help them force the insurance company to pay for the fair market value of the car of the new car that suffered frame damage, rather than them being forced into accepting a repair of a car that has suffered frame damage.

I absolutely could not believe it. The person who called me is basically shit out of luck. It would be almost impossible to get the rock solid settlement agreement with the insurance company set aside. They called me too late.

I do the property damage portion of personal injury cases for free minus cost and expenses that I incur in getting the property damage portion of the case settled. I recover cost and expenses for property damage settlement at the end of the case. I do this as a service to my clients so that they can get their cars fixed or so that they can get another car to replace one that has been totaled. How can someone get their car repaired or replaced if a personal injury lawyer takes a percentage of property damage? Do not sign up with any personal injury lawyer that would take a percentage of your property damage loss!

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You just had a Car, Motorcycle or other Motor Vehicle Accident; Now What?

Personal Injury, Car Accident, Motorcycle Accident Injury Lawyer Norman Gregory Fernandez

The statistics are amazing. 9 out every 10 persons who drive a car will eventually be involved in a car accident in their lifetimes. 3 out of every 9 persons will be in a car, motorcycle or other motor vehicle accident that involves alcohol.

You can see an article about what to do if you are involved in a car accident or other motor vehicle accident on my personal injury website by clicking here now.

You can see an article about what to do if you are involved in a motorcycle accident on my motorcycle accident lawyer website by clicking here now.

Many car, motorcycle, or other motor vehicle accidents involve someone in the car being injured and some do not. Most personal injury lawyers will not represent you on a contingency basis (no money out of your pocket unless there is a recovery) unless there are injuries involved in an accident. Some firms including mine can provide representation on a fixed fee or hourly basis to help you recover for out of pocket losses when you are in an accident with no injuries.

My firm will represent you on a contingency basis (no money out of your pocket unless there is a recovery) if you have an injury case that we accept.

You will see in the articles that I posted links to above, that it is critical to try to retain an attorney within the first 24-48 hours after an accident to get the prosecution of your case started.

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Do not Let your Brothers or Friends Drink and Drive; It is a Recipe for Disaster on a Motorcycle!

biker motorcycle lawyer attorney norman gregory fernandez at the rock store with a friend

First off everyone knows or should know that drinking and driving is illegal in all States depending upon the amount of alcohol that you have in your system.

In California you are driving illegally if your blood alcohol content or BAC is .08%

If you drink and drive you are facing losing your drivers license, car or motorcycle, having it impounded, jail time, Court ordered school, and massive fines. It is just not worth it from a legal standpoint.

This article is about Motorcycle safety and not the legal aspects, but the legal aspects are also a consideration.

Most people do not realize that Alcohol is one of the most powerful drugs known to man. A drug is a mind altering substance. Any of you that drink alcohol know full well that alcohol will give you a buzz real quick, especially if you are drinking shooters or mixed drinks. Even one beer will alter your mental state.

I myself quit drinking about 10 years ago for my own personal reasons. I am a sober biker!! I am not writing this article to preach to others not to drink. You can drink as much as you want; it is legal.

The purpose of this article is to preach to you about not drinking and driving, and to not let your brothers and friends drink and drive.

There are statistics all over the Internet about the effects of alcohol on your ability to operate a motor vehicle. Any of you who think that you drive or ride better after a few drinks are flat our full of shit, and you know it. If you don’t know it than maybe you might have a few screws loose.

Drinking and Driving in a car is bad enough, however on a motorcycle it is 100% times more dangerous.

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The Dirty Little Secret that the Insurance Companies Don’t Want You to Know!

California personal injury and accident lawyer Norman Gregory Fernandez

Most of us are good citizens and purchase liability insurance to cover us in case we cause an accident. Some people purchase minimum liability coverage and some people purchase more.

When you buy this insurance you are doing it to not only comply with the law, but to protect you and your assets in case you cause a car, motorcycle, or other motor vehicle accident.

Now let’s say that you get into an accident that is your fault; you report the accident to your insurance carrier; you think that your insurance company will cover you pursuant to your insurance policy right? WRONG!

If you read the fine print in your insurance policy you will notice a bunch of language that most non-lawyers would not understand. The gist of the language in plain English is that by accepting the insurance policy, you agree to cooperate with the insurance company if they decide to litigate, and the insurance company is the one who decides whether a case will be settled, not you.

The insurance companies are all about making tons of money and paying as little as possible. Since the advent of legally mandatory insurance coverage (Proposition 213 in California) the insurance companies have become very cavalier because their coffers are full of your money.

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I was involved in a Low Speed Crash on Saturday!

Norman Gregory Fernandez Harley Davidson Electra Glide

Well, it can happen to anyone, even a biker lawyer! I had just picked up my bike from the Harley dealership (It was in for the Easy Clutch install and other service) on Saturday, and was out cruising solo. I stopped at a Starbucks to get a cup of joe.

I was riding out of the parking lot when some women pulled out in front of me. Same old story; she pulled right in front of me, less than a second to react.

I locked up the brakes and turned my handle bars hard to the right. I missed her by inches, but I could not hold up my Electra Glide and I dropped her on the right side.

Before I dropped the bike I tried like heck to hold her up but she was at a steep angle and was so heavy that I could not hold her up. The damage to the bike was minimal thanks to the Kuryakyn Highway Boards I have mounted on my front engine guard, and the saddle bag guards on the rear.

I can frankly say that the Kuryakyn Highway Boards saved the fairing and front end of the bike. The right side board did suffer some damage and may have to be replaced but it could have been worse. The right saddlebag guard suffered a nick when the bike went down. I got lucky!

As for me, I somehow managed to suffer a tear to my right hamstring muscle and an injury to my right foot, however I was dammed lucky. It could have been worse.

After the incident I was basically still on the bike with my right foot on the ground, and holding the bike with the engine still running trying to lift her back up to no avail. I screamed to a group of people who were standing in front of Starbucks to help me lift the bike back up. I was more worried about the bike than anything else.

When I looked up the woman was gone. No one got her information.

This is the 3rd time that I have gone down over the years. The old saying is that; it’s not if you are going to go down, it’s a matter of when. In my case I have been very lucky to have only had minor accidents which have not resulted in serious injuries. I have had some very scary close calls!

So the moral to this story at least for me is that I will be very careful in parking lots. You never know when a cager will pop out right in front of you without looking.

By Norman Gregory Fernandez, Esq. © 2006

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DOG BITE CASES IN CALIFORNIA; YOU BETTER WATCH YOUR PUP!

Dog Bite Cases by Attorney Norman Gregory Fernandez
There is no doubt that Americans love their pets. Human beings and dogs have been living together for tens of thousands of years. There is a saying that “a dog he is a man’s best friend.”

I am myself have three dogs; two Siberian Huskies, and a good old-fashioned American Mutt that I rescued from a pound.

Although a dog may be your best friend, a dog could turn into your worst nightmare if the dog bites and/or otherwise attacks a person.

In the state of California; dog owners are strictly liable for the actions of their dogs. In other words if your dog bites a person, you are strictly liable for all damages that the dog causes.

No matter how well trained your dog is, you really never know when they will bite. Even small breeds can cause bites that result in permanent scarring, and significant damages.

It is your responsibility as a dog owner to ensure that your dog does not bite another person. You should always walk your dog on a leash; secure your yard and home so that the dog cannot run away and bite someone; and secure your dog in a room when you have visitors at your home. If you do not take precautions when it comes to your dog, you could get hit with significant damages in a lawsuit if your dog bites someone.

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YOU BETTER CHECK OUT THE PERSON THAT YOU LOAN YOUR CAR TO; YOU COULD BE HELD LEGALLY LIABLE FOR THEIR ACTIONS.

Norman Gregory Fernandez Law Articles

The tort of negligent entrustment in simple language means that you were negligent by allowing a person or persons to use your property such as a car, motorcycle, etc.

Negligence is a legal term of art. It would be very difficult to explain negligence to a non-attorney. However I will try.

Negligence in simple language, is that one person owes a duty of due care to another person, and breaches that duty of due care thus causing damages. The key to negligence is that it must be reasonably foreseeable to an ordinary prudent person that the conduct will result in damages. I will be frank, negligence is much more complicated than the description I just gave, however it will suffice for the purposes of this article.

An example of simple negligence would be one person not paying attention and rear ending another person in their car. The person who did the rear ending would be liable in most circumstances for negligence.

With respect to negligent entrustment, I will give you an example of where you could be held liable for this tort. Let’s say you loan your car to a person who has a suspended driver’s license. Let’s say this person subsequently gets into a car accident. You would most likely be held liable for the damages caused in the accident, because you owed a duty of due care to ensure that you did not loan your car to a person with a suspended driver’s license. In other words, you were negligent by allowing a person with a suspended drivers license to use your car.

Another example would be loaning your car to a person who was obviously intoxicated, who then subsequently gets into an accident. You can be held liable for negligent entrustment for loaning you car to a drunk.

There is a vast array of possible scenarios in which you could be liable for the tort of negligent entrustment. It’s not rocket science, it’s really about common sense. The purpose of this article is just to make you aware of the tort.

Basically it’s a matter of common sense. If you are going to loan a person your car, motorcycle, or other property, you better make sure they have a driver’s license and automobile insurance before you give them the keys unless you’re not concerned about being legally liable for their actions.

By Norman Gregory Fernandez, ESQ. , Copyright 2006

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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

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