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!
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.
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.
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.
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.
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.
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.
You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.
You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.
You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.
You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.
They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.
You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.
You find out later that you have $3,000 damage to the back of your car.
What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.
Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.
The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.
The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.
If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.
Make sure that you note the model and make of their car along with the license plate information.
The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.
If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .
As all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.
There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.
Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.
To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.
If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.
You have heard President Bush blame trial attorneys for the cost of health care being so high; you have heard a certain political party blame trial attorneys for the cost of health care being so high, and now another article is circulating on the Internet blaming trial attorneys for the cost of health care being so high. What you are hearing folks is flat out crap. It is time to air out the truth and call the B.S. for what it is; B.S.
We trial lawyers help personal injury victims including victims of medical malpractice, when nobody else will. We are usually the last and only recourse for persons who have been harmed. Do you think that a doctor, hospital, or other health care institution is going to just volunteer to compensate you for your losses?
What is Medical Malpractice? Medical Malpractice in a nutshell is a person suffering injuries or damages, as a result of a doctor or health care institutions failing to act as an ordinary professional in the community would. In other words, the doctor, hospital, or provider, causes you injuries by screwing up, usually with devastating results!
As we all know or should know, human beings are not perfect, and will sometimes make mistakes. Just like most commuters buy car insurance to protect themselves in case they screw up, doctors do the same thing.
It is not the fault of personal injury trial lawyers for a doctor or hospitals, screw-up, and it certainly is not the victims fault. We personal injury lawyers are the ones that go to bat for people who have been injured as a result of a doctor or hospital screw-up. It is our jobs and it is what we do. We help the victims to obtain compensation for their loss.
How could we be the ones who are responsible the high cost of medical care? In fact it is the insurance companies who are responsible for the high cost of medical malpractice insurance. I would like to think that the cost of malpractice insurance is based upon risk, but we all know the insurance companies exist to make a profit and that is it.
Now I like doctors, we all like doctors. They are the ones we turn to when we are sick. They make mistakes just like the rest of us, and they should be made to pay if lets say they cut off the wrong leg, fail to diagnose a serious condition, or leave tools in a patient after surgery. You get the picture.
With that being said, maybe doctors should adopt more stringent guidelines to discipline and police themselves, so that the bad doctors are weeded out. Maybe that will decrease their malpractice insurance rates.
California has had a cap of $250,000.00 on general damages for medical malpractice cases since the 1970’s. General Damages are damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. Imagine only being able to get a maximum of $250,000 if a doctor cuts off the wrong leg, or fails to diagnose a cancer that would have been curable it caught in time, etc. Victims are still entitled to out of pocket losses.
So there it is.
The cost of health care is through the roof. If anything it is greed that is driving up the cost. If universal health care was adopted, then maybe our nation would see some relief.
I have read and heard reports that some employer based health insurance plans, and individual health care plans are now refusing to cover bikers and motorcyclist because they are classifying us as hazardous recreational vehicle users. Under this classification, they are refusing to provide health insurance coverage to us based upon new plan changes effective in January 2008.
I am sure this is a huge shock to bikers and motorcyclist who are suffering as a result of this practice, because it means that they are no longer covered for medical cost if they are in a motorcycle accident. What is more disturbing to me, is that I am quite sure that many people lost coverage for these types of accidents and were not notified! Check your insurance people.
This is flat out blatant discrimination against bikers and motorcyclist. This battle must be fought in every State and with every Health Insurance provider that is practicing this type of discrimination. What they are effectively doing is making it so motorcycle riders cannot obtain health insurance for the times that they ride their motorcycles.
What is further truly disturbing, is that hundreds of thousands of bikers and motorcyclist commute to work on their motorcycles each day, and use their motorcycles as a primary means of legal transportation! How can this be classified as recreational use?
The only other option for some persons is to buy Med Pay insurance as a part of their vehicle insurance package, but most policies only cover approximately $1,000.00 or less of medical bills.
It looks like the big corporate health insurance companies are tying to shut us bikers and motorcyclist down! Well there is an answer; that answer is mandatory universal health care coverage, whereby everyone is required to have health care, and no health insurance company can turn down anyone for anything, including pre-existing conditions or so called recreational use on a motorcycle.
The bottom line is that if we do not fight this blatant discrimination as bikers and motorcyclist, we will be screwed if we get into an accident. There are a heck of a lot more car accidents than motorcycle accidents in this country! This type of discrimination of ridicules and uncalled for. Pretty soon we will have health insurance companies telling us they won’t cover us if we eat a certain type of food.
It is time to fight these bottom crawler health insurance companies who are screwing our nation, and most of all us.
I have had a run of bikers who have had motorcycle accidents call me lately that do not even have basic liability insurance. I am not talking about the type of insurance that will cover your motorcycle in case of an accident for your own property damage. (Comprehensive and Collision Coverage) I am talking about liability coverage that will cover someone or a passenger in case you are at fault in an accident.
The biggest reason you need this insurance is that it required by California State Law. The voters enacted proposition 213 some time ago. The law requires that all drivers of motor vehicles on public roads in the State of California have at least minimum liability coverage’s of $10,000 for property damage, $15,000.00 for bodily injury per person, and $30,000.00 per incident.
You may think; “oh well, I am riding a motorcycle, what damage can I do?” This is not the issue, the issue’s are; (1) You can lose your drivers license for up to a year if you drive without liability insurance, this goes for driving cages too; (2) Your vehicle can be impounded and sold at auction if you are caught driving it with no insurance; and (3) You will face up to a $2,000.00 fine or ticket if you are caught riding or driving without insurance.
If this is not enough to scare you there is more! Proposition 213 precludes anyone who is driving a motor vehicle (motorcycle, car, truck, etc.) on public roads, without the minimum liability insurance coverage, from recovering general damages in an accident! You are only entitled to Special Damages.
What are General Damages? They include pain and suffering, loss of enjoyment of life, and emotional distress! These are the big money items that are compensable in a motorcycle accident!
What are Special Damages? They include out of pocket losses such as property damage, medical bills, loss of use of vehicle, etc.
Imagine being taken out in a motorcycle accident, losing a leg, and finding out that you will not recover the big bucks for general damages because you were foolish enough to let your liability insurance lapse and be cancelled!
Most insurance companies give you 30 days to declare a new motorcycle on an existing policy, but I for one do not take any chances. Anytime I buy a new bike, I cover it before I ride it period.
Now my law firm does accept some so-called Proposition 213 cases for bikers and motorcyclist, (Bikers and Motorcyclist who are not at fault but have no liability coverage.) However, the vast majority of all personal injury lawyers reject these types of cases.
Come on guys and gals, get your shit together and at least carry minimum liability insurance coverage just in case! It is required by law, and if you are taken out in an accident that is not your fault you will not be precluded from full compensation, not to mention all of the penalties that go with being an uninsured motorist.
If you have been in a motorcycle or other type of motor vehicle accident anywhere in the State of California, you may call me for a free consultation at 800-816-1529.
As a biker lawyer, I handle many motorcycle injury accident cases. I also give many free consultations for bikers and motorcyclist who are injured in motorcycle accident cases.
Bikers and Motorcycle Riders are a tough breed. This goes for the female bikers that I represent as well. In most cases, they call because they know that they have legal rights when they have been injured in a motorcycle accident, but they waffle as to whether they should retain a lawyer to get what they deserve.
I gave a consultation and signed up an interesting motorcycle accident case yesterday. The gal who was riding her motorcycle was hit by a negligent cager who swerved into her lane, and admitted that he did not see her. She has broken bones and is in severe pain.
Although she is a female, she exhibited the exact same macho biker personality that I see with all of my male clients. It made me think to myself; why do us bikers not want to protect our legal rights when we are injured in an accident due to no fault of our own?
Most bikers are just worried about getting their motorcycles fixed after an accident. I had one guy laying in a hospital bed with broken bones, and a punctured lung and all he cared about was his motorcycle. I see this time and time again. I can relate, I have been injured in a motorcycle accident and all I cared about was my bike.
Does this make sense? None of us can take our bikes to our grave, nor will the bike do us any good if we are too messed up to ride it anymore. We have to think about ourselves and our family in situations such as this. Why cheat ourselves and our family out of just compensation if a cager hits us?
I try to make things easy for bikers and motorcycle riders who are injured in motorcycle accident cases in the State of California. I send my investigator out to them so they do not have to hassle coming to my office, we assist in handling all of the property damage portions of the case for free without taking a percentage of property damage like some other personal injury lawyers do. Why would anyone sign up with a lawyer that would take a percentage of your property damage loss? The only job of our clients is to get better, and to cooperate with us in case we have to sue the people who caused the accident!
Even then some bikers and motorcyclist are apprehensive about retaining a lawyer. I am telling you now, don’t be apprehensive; pick up the damm phone and give me a call so I can help you! (My Firm handles motorcycle accident injury cases in California)
Sometimes I just want to whack the people that call me over the head with a rolled up newspaper! Here you have someone whose bike is trashed, they are completely messed up from their injuries, they cannot work, and they do not want to retain a lawyer to help them? It’s crazy!
I have personally gone to hospitals to visit my clients, as well as their homes to bring them biker rags and other types of motivating magazines. I do this because I truly give a shit about bikers. That is why I do what I do. I admit; I try to do the same thing for my clients in other personal injury accident cases as well. However, being a biker myself, I feel a comradery with the injured biker because I know it could be me laying there instead of them.
Getting back to the point; I am calling on all bikers, motorcycle riders, and the rough and macho bikers out there. Don’t be a fool. It is my job to get you what you deserve when you are injured due to no fault of your own in a motorcycle accident. It is hard to be macho when your motorcycle is in an impound lot, and you are laying in bed nursing broken bones, punctured lungs, or worse. You are entitled to be compensated when you are messed up by a cager due to no fault of your own. You owe it to yourself, your friends, and your family to get off of your ass and give me a call so I can handle your case for you.
Going back to the case of the injured female biker I mentioned above. I can frankly say that the facts of her case would turn off most personal injury lawyers, because they are not bikers and do not understand the laws relating to motorcyclist on the road. The California Highway Patrol even partially misinterpreted the facts of the accident by apportioning some of the fault to the biker gal, even though she was splitting lanes legally and had every right to do so.
Bottom line, if you are injured in a motorcycle injury accident in the State of California, get off your ass and pick up the phone, or have your friends or relatives give me a call if you cannot physically call, at 818-584-8831 extension 1, and I will tell you for free what I think of your case. If you sign up with my office, we will come to you so that you do not have to hassle coming into our office. Once you become one of my clients, I will do everything possible to get you everything that you are entitled to. You may have heard some lawyers say that they will fight for you; well I will kick ass for you. Obviously I cannot make guarantees as to the outcome of your case, but I will do everything in my power to get you the maximum amount of money possible in your case.
Once you get better and we get your bike fixed, I will invite you to take a ride with me. Nothing gives me greater pleasure than seeing my clients all healed up and back on their bikes. To be frank, there is actually one thing that gives me greater pleasure but I am not going to talk about that here other than to say it involves my fiancé!
The Moy & Fernandez Law Group 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.