If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1, to discuss your case.
I can get you medical treatment even if you do not have medical insurance,
I will send my investigators to you so you do not have to come into the office.
I will work to get your motorcycle fixed.
I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.
I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.
Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.
Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.
Enjoy my articles below, there are hundreds of them!
As 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.
There is a biker attorney named Jeff H. in Korea that has become a long distance pen pal of sorts with me.
Over the years since I started the Biker Law Blog, he has shared comments, exchanged emails, and such.
Jeff lives, works, and rides, in the nation of Korea, and yes he is a real biker lawyer like me.
A couple of days ago Jeff informed me that he was in a motorcycle accident, and sent me the following letter through the blog describing his accident.
He states that “even biker lawyers can go down once in a while. Be Careful.”
I suggest that all of you read this letter carefully. Maybe it will save your live. It is not often that you get a firsthand account of an accident such as this, written by a fellow attorney.
Jeff I wish you Godspeed on your recovery.
Below is the actual letter sent to me by Jeff in Korea:
Okay. Some of you have no idea what happened to me. Others know basically what happened to me. I think only a few of you know exactly what happened to me. Now that I have this nifty software that allows me to speak into a microphone and watch the words magically appear on the computer screen, I can sit back, rest my arms, and tell you all what happened.
Early in the afternoon of October 30, 2010, my friend Jeremy and I were riding our motorcycles to lunch. After a delicious lunch at the Seamen’s Club, Jeremy headed home, and I took off by myself to go take care of some other business. Just before 1 PM, I was riding along a four-lane highway with two lanes going in each direction. I like to take this particular road because it’s not well traveled by other vehicles, so there’s not much traffic to worry about.
I was southbound on the inside lane nearest to the double yellow lines, and another car was approaching northbound from the opposite direction on the inside lane nearest the double yellow line. Suddenly, and without any warning whatsoever, a large delivery truck that was sitting on the right shoulder of the road completely outside of the traffic lanes began to make an illegal U-turn directly in front of me in an effort to proceed in the northbound lane. However, due to the other car that was traveling opposite me in the northbound lane, the delivery truck could not complete the illegal U-turn and he had to stop his truck directly in front of me, blocking both southbound lanes.
He pulled out and stopped in front of me so quickly that I didn’t have time or space to maneuver around the truck. So, I slammed on my brakes, locked my wheels, honked my horn, cursed as loudly as possible, and prayed for the best. Unfortunately, it was not my lucky day. At some point in the space of what I estimate to be about 2 seconds between the time that he began to pull out in front of me and the time that I slammed broadside into the side of his truck, I realized that there was no way I was going to be able to stop.
I had no time to take any other evasive maneuvers or safety measures, such as laying the bike down or doing anything else. I T-boned the truck. I hit broadside. Hard. Very, very hard.
I don’t remember actually hitting the truck. I remember getting very, very close to it, and I remember bouncing off the truck. The next thing I remember was lying on my back in the middle of the road. So, I remember approaching the truck, bouncing off the truck, and laying in the road. The actual impact and landing in the road are gone from my memory.
The driver got out of his truck, and immediately started calling for an ambulance, the police, his company, his insurance company, and anyone else he could reach. I remember mumbling something to him like, “why? Why couldn’t you wait 3 seconds to make that turn?”
It took a few minutes for the police to arrive. While waiting, I had one of the most incredible sensations of my entire life. I knew that my right arm was badly broken because I could distinctly feel that my right hand was laying flat on the road up to my elbow, but my shoulder felt like my arm was pointing straight up in the air. I tried to flex my fingers, but my fingers didn’t move. It still felt like I was pointing toward the sky, but my hand remained flat on the road. It was really a very weird sensation. Also, my left wrist hurt and I couldn’t move my fingers on my left hand, so I knew that my left hand was broken somewhere as well. I knew that both of my arms hurt like hell, but because of the adrenaline or some other reason, the pain wasn’t nearly as bad as it probably should have been.
When the police and the ambulance arrived, the first thing they did, which is something that is standard in every Korean vehicle accident, was to paint the outline of the truck. They spray painted the outline of my bike where it was, and I remember them mucking around and spray painting the outline of my body. It was sort of like a crime scene body outline like you see on TV.
The next thing was the ambulance driver, the EMT, and the policeman wondering how to get big old me onto the gurney and into the back of the ambulance. Eventually, and with no small amount of jostling my broken arms, they managed to get me on to the very narrow gurney and into the back of the ambulance. Now, at this point, it must be understood that Korean ambulances are not like ambulances in America. Ambulances are not these big, huge, spacious, fully equipped mobile trauma centers. Korean ambulances are more like old Volkswagen minivans. They’re very narrow, very old, and in generally very poor condition.
It was my intention to go to Pusan National University Hospital, which is approximately 20 min. away from the accident site in normal traffic. However, due to the fact that the ambulance I was in had no suspension whatsoever, I felt every bump, every pothole, every rock, every cigarette butt, and every gust of air. This made me extremely uncomfortable. Because of this discomfort, I had no choice but to ask the ambulance driver to take me to a closer hospital. The closest hospital was Haedong Hospital.
A quick back story for those who don’t know: Almost exactly 4 years ago, I was involved in another motorcycle accident that left me with a shattered femur in my right thigh. I was treated for that accident at Haedong Hospital. They put a titanium plate and 15 screws in my right thigh. After five weeks in the hospital, I was released. Six days after my release, the titanium plate broke. I had to return to Haedong Hospital, where they opened up my thigh removed the broken plate, did various surgical procedures, and replaced the broken plate with a longer, wider thicker titanium plate. I had my theories as to why the titanium plate broke, and the filed a malpractice lawsuit against the hospital and the doctor that performed the surgery. After lengthy negotiations, we reached a settlement that I was slightly less than happy with, but I could live with it.
Fast forward back to the date of this current accident. I arrived in Haedong Hospital, and was wheeled into the emergency room. The emergency room physician confirmed that I had a broken arm above the elbow on my right arm and my left wrist was broken. I finally had a chance to look at my left wrist and knew immediately what had happened because I had suffered nearly exactly the same break when I was in junior high school. I knew exactly how it felt and looked. The doctor confirmed that I had suffered a compression fracture on my wrist, which basically meant that I had completely destroyed my wrist joint and the two bones in my forearm had pushed up and past the bones in my wrist, so my wrist was actually below the two bones on my arm.
The emergency room doctor sent me out to do x-rays. I won’t get into how uncomfortable it was to manipulate my broken right arm to take x-rays, but I will suffice to say it was extremely painful. After the x-rays, I was wheeled back to the emergency room, where the emergency room physician told me that due to the swelling in my wrist and arm it would not be possible to perform the surgery until the swelling had decreased. He said that the surgery would most likely take place on the following Monday, which was two days after the accident. I asked him why this was the case, and he explained that if you perform the surgery while the arms are swollen, then it makes it harder to stretch the skin over the swollen arm to close the injury, which can lead to a much greater risk of infection.
They wheeled me up to the eighth floor and into a private room. The eighth floor is where I spent my two stints in the hospital for my broken femur four years previously. In fact, I was next door to the room I was in last time I was at Haedong Hospital. The head nurse was the same person, and she recognized me. Also, one of the nurses from my previous visit was still working there, and she recognized me as well. They both expressed their concerns that I was back in the hospital.
The nursing staff kept me comfortable during the weekend. They advised me that the physician who would be performing my surgery would visit me on Monday. Imagine my surprise when Monday morning rolled around, and the doctor walked into my room and he was the doctor that I had filed my medical malpractice lawsuit against. AWKWARD!
After a few uncomfortable moments and some even more uncomfortable small talk, he advised that my arm and wrist were still too swollen to do the surgery on that day. He said that they would give me medicine to help the swelling go down as early as possible, but that it would be at least Wednesday before the surgery could be performed. It made me extremely unhappy that I would have to wait for five days after the accident to have my broken limbs repaired. But, what was I to do?
Tuesday evening, the nurse stopped by to tell me that my surgery would take place the following morning, and that I was not to eat or drink anything from that time forward. Just before I settled down and went to sleep, the doctor came in and told me there was a problem. He said that there was a special tube that they needed to insert into my throat to keep me breathing after I was placed under anesthetic, but that they didn’t have that particular tube at the hospital at that time. My first question was why they didn’t have it at the hospital. He replied that they had sent it out to be replaced a couple of weeks earlier, but that it had not been replaced yet. My next question was how they did surgery on other people without that particular tube. I was told that generally when doing surgery on Koreans, they used a smaller tube, but it was necessary to use a larger tube for me. I took that to mean that they could probably use the same tube that they use for everybody else, but he wanted to do the surgery as properly as possible, and wanted to use the best equipment in light of our earlier lawsuit.
I asked how long it would take to get the equipment back at the hospital. The doctor told me it would take approximately 2 more weeks. I sputtered something about it being utterly ridiculous to expect me to lay in my bed with two broken arms for two more weeks to await surgery. I told them that I would be transferring to another hospital the next day. The doctor seemed visibly relieved by this decision.
I asked him what hospital he would recommend that I go to. He said that any university level hospital should be sufficient. He went on to tell me that I had to understand that because my injuries were not life-threatening and not considered an emergency, I would likely not be able to receive surgery immediately at the new hospital, and I would probably have to wait until the doctor assigned to my case had free time in his schedule to perform the surgery.
I asked him to recommend the hospital that could perform the surgery the quickest. He said that he did not have any connections with any other doctors at other hospitals that would allow him to order them to treat me any faster than they could or even to request that they treat me as fast as they could. He said that the only hospital that really would provide him with an opportunity to politely ask that they try to see me as swiftly as possible would be Pusan National University Hospital. I said I would go to that hospital and asked him to make the arrangements as quickly as possible.
The next morning, Wednesday morning, the doctor came to my room and advised me that there was yet another problem. He said that from that morning until the end of the week, all of the anesthesiologists in the country were attending a major conference, and that the anesthesiologists who remained at the hospitals were only working on patients who were in life-threatening situations. The doctor told me that because my situation was not considered life-threatening, I would probably not be able to have my surgery until the following Monday, nine days after my accident, regardless of which hospital I transferred to. This made me extremely upset.
I asked him which of three particular hospitals would treat me the fastest in his estimation. One of my suggestions included the brand-new and, by Korean standards, quite luxurious hospital, Baek Hospital in Haeundae, Pusan, which was about 45 minutes away. He said that that hospital would probably be my best bet for faster surgery. I told them to make the arrangements immediately. He said he would.
Within a couple of hours. I completed my checkout procedures and was being loaded into yet another tiny little ambulance for the journey to the new hospital. The ambulance driver was going to take the inner city Expressway, which would’ve taken a very long time to get me to the hospital. So, I suggested that he drive through town, go through a particular tunnel, and cross the bridge that runs across the bay and leads right to the hospital’s front door, which would take a much shorter time than the route they had planned. They complimented me on my brilliant idea.
Unfortunately, they decided to try to improve on my idea. They decided that they would take a shorter route to the tunnel. I didn’t notice this until I looked out the window of the ambulance and saw that we weren’t where I thought we should have been. I asked where we were going, and they told me they were taking the pier road to the tunnel. I specifically did not want to go on this road because I knew that it was under major construction and that there were potholes, bumps, train tracks, and various other obstacles along this road. As such, I was forced to endure perhaps the bumpiest ride that could be conceived by the human brain.
Eventually, we reached the new hospital. As we pulled into the driveway up to the emergency room, the ambulance driver commented, “wow, THIS is what a hospital looks like.”
I was wheeled into the emergency room, and was pleased to note that they were awaiting my arrival. The emergency room staff was friendly, helpful, and very professional. They took excellent care of me. They made me as comfortable as possible. However, that was all to end too soon.
So the doctor came and told me they would have to take new x-rays and perform CT scans on both limbs. They wheeled me into the into the x-ray room and took the x-rays as carefully as possible. The next stop was to the CT room, where they did their best not to hurt me anymore than they had to. After those steps were complete, they wheeled me back to the emergency room to await the doctor’s further opinion.
The doctor came and said that my left wrist was not that badly broken and probably should have been treated immediately after the accident. By simply resetting the bone and wrapping my hand in a cast. However, because five days had elapsed since the accident, the bone had started to heal again, and they would have to re-break it before setting it again. I said that would be no problem, and told him to shoot me up with painkillers and anesthetic and then to go on with the procedure. He informed me that it had to be done without the benefit of anesthetic. He went on to tell me that it was more dangerous NOT to use anesthetic because my arm would be dead, and they wouldn’t have the benefit of my screams to tell them how much they were moving the arm.
They wheeled me into the emergency surgery room, and told me that they were sorry for what they were about to do to me. One guy grabbed my left bicep, and the other guy grabbed my left forearm in one hand and my left hand in his other hand. The second guy then proceeded to twist and pull my wrist until he heard it snap and I screamed. He said it was done and wrapped me up. He then sent me off for a new round of x-rays to determine whether it could be set by hand or would require surgery.
After examining the x-rays, the doctor decided it would be worth trying to set my hand without surgery. I asked him how that was done. He said it was done the same way as re-breaking my arm but backwards. In other words, they would hold my arm and he would pull my arm and try to force the bone back into place, again using my screams to determine how well things were going. That was a horrible procedure, and equally as painful as having it re-broken. He then sent me for another round of x-rays.
After examining the latest x-rays, he determined that the wrist hadn’t been set well enough, and that I would, in fact, have to have surgery. So, as it turned out, it was not necessary for me to go through the pain of having it reset by hand. Oh well, nice try.
The doctor told me about the anesthesiologist situation. He said they would get me into surgery as soon as possible, but he didn’t know if it would be that day or the next day. He did guarantee that I wouldn’t have to wait five more days to get my arms set.
They began procedures of arranging for me to have a room in the hospital. By now, it was getting late in the day. It was about 4:30 PM. unexpectedly, the doctor came over and told me that the anesthesiologist had decided to stay around and perform my surgery that day. Luckily, I had not eaten anything since the night before, so there was no problem with waiting for me to digest food in my stomach.
They immediately began preparing me for surgery. Soon, I was wheeled into the operating room, and hooked up to numerous machines, tubes, and needles. They told me that the procedures would begin shortly. I asked who the head anesthesiologist was, and was introduced to the man. I thanked him profusely for agreeing to perform my surgery that day. He seemed genuinely touched that I would take time to say that to him.
With those niceties out of the way, the anesthesiologist opened the valve on one of the tubes. Anesthetic flowed into my veins, and it was lights out. I awoke several hours later in my spacious private room. The doctor stopped by a short while later and explained that they had the steel plate in my left wrist and that they had put to plates in my right arm one on each side of the humerus, which is the bone that runs from the elbow to the shoulder.
I left the hospital a week after surgery. Now I’m in the process of slowly recovering. My left wrist is still a little bit swollen, and the joint is still very stiff. My right arm is what is causing the concern. The break in my right arm was an inch or two above the elbow joint. This is a very unusual and dangerous place for a break to occur. This is because the radial nerve into the hand runs directly across the location of the break. The radial nerve is the nerve that controls the extension of the fingers and the raising of the wrist. The doctor said I was extremely lucky not to sever the nerve or damage the nerve covering. However, in the course of placing two steel plates in my arm, they couldn’t help but move the nerve and do some minor bruising to the nerve.
As a result of the concussion or contusion or bruising of the nerve, my right hand remains about 60% paralyzed, and I have sensation of only about 50% of the back of my right hand. I can lower my wrist and to curl my fingers. However, I cannot raise my wrist or fully extend my fingers. The doctors assure me that the feeling and motion will eventually return to my hand, but that it could take anywhere from one to four months. It’s only been three weeks and a couple of days since the accident, but I’m becoming very impatient for the use of my right hand. As it stands now, because my right hand is mostly paralyzed, I can only type with the index finger of my right hand. Also, because the joint is so stiff in my left wrist and because it hurts to bend it in the position of the keyboard, I can only type with my left index finger. Thus, I do two-finger hunt and peck typing. This makes my arm and wrist tired and painful.
Thankfully, I made the smart decision to buy the Dragon Naturally Speaking software, which allows me to speak into a microphone and watch my voice be converted to text. I am completely satisfied with this program. In fact, it’s actually more accurate and much faster than my actual typing. I fully intend to continue using the software even after I’m healed.
The road to recovery will be long. However, I will get through it.
As far as compensation goes, I’m very lucky. Thankfully, the delivery truck driver was insured in just about every way possible. Even better, the truck driver’s insurance company is one of my law firm’s major clients. And, even better than that, I am very well acquainted with the insurance adjuster that is been assigned to handle my accident. He’s taking very good care of me, and actually doing more than is required of him. So, if everything continues this way, then I should be able to get through this without having to file a lawsuit. But, if I have to, at least I know I have a good lawyer. Ha!
This should suffice to let you all know what happened to me over the past three weeks. Drive safely, and please, PLEASE WATCH OUT FOR MOTORCYCLES!
End of Letter.
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.
*** November 16, 2010, Update – The driver of the Dodge Avenger is not going to be charged with drunk driving because no alcohol was found in his system. It was originally reported by the C.H.P. that they smelled alcohol on his breath.
A group of riders from the Saddle Tramps Motorcycle Club, a San Diego County club, were riding on Saturday, November 13, 2010, on Route 98, which is a rural freeway, about 80 miles east of San Diego, to celebrate their 10th anniversary, when there was a horrific accident that killed 4 of them including a husband and wife on one motorcycle.
The riders were in a group, when an idiot in a Gold Honda revved up behind them and repeatedly tried to pass the group of motorcycles by crossing over into the lane of oncoming traffic to the left of the motorcycles.
The Gold Honda then caused a Dodge Avenger that was in the opposing lane, to crash into the group of motorcycles as he attempted to swerve out the way of the idiot in the Gold Honda who was trying to pass the pack of motorcycles.
The Avenger then plowed into the group of motorcycles, killing 4 of them. A passenger in the Dodge Avenger was also killed.
The idiot in the Gold Honda who caused the crash by speeding in the wrong lane of traffic, then kept on going and got away for now.
The California Highway Patrol is looking for the guy in the Honda, which did not suffer any damage in the accident.
Witnesses said that the driver of the Honda was wearing a baseball cap. If anyone has any information, they are requested to call the California Highway Patrol.
The C.H.P., arrested the driver of the Dodge Avenger on suspicion of drunk driving because he had alcohol on his breath, however officials do not consider him to be at fault in the accident, because he was forced off of the road by the idiot in the Honda.
Several other bikers who were injured in the accident were airlifted to hospitals.
What lessons can be learned by this day of carnage? There are two; (1) Live each day as though it is going to be your last, because you never know when your number will come up; and (2) if a car comes up behind you very fast, and tries to pass you, yield if you can do so safely. Put your turn signal on, and move to the right, or even get off if you can.
I am not saying this accident could have been prevented, I am saying that when it is car against motorcycle, the car will always win no matter how tough you are, or how in the right you are.
My prayers and condolences go out to the members and the families of the Saddle Tramps Motorcycle Club.
If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.
I always recommend keeping an Emergency Information Form, or I.C.E. card (In Case of Emergency) card in you, and your loved ones wallets, purses, or on your person at all times.
Why? Because you never know when you will have a life or death emergency.
Having an I.C.E. card can not only mean the difference between life and death for you or a loved one in an emergency, it will also allow emergency responders to contact your family or whoever you designate as your emergency contacts in case you are unable to communicate.
An Emergency Information Card is ideal for:
Participants of risky activities
Anyone with serious medical conditions or allergies
However, even if you are not in the above categories, an Emergency Information Card may god forbid help you one day. Everyone should carry one.
It is one of those things that you never think that you will need until you actually need it. It can save your life.
My law firm has created an Emergency Information Form that can be filled in online and printed, a blank form can be printed and filled in by hand, it can be saved to your computer for later use, or you may even email it to your family and friends so that they can create their own Emergency Contact Form.
You may print in on one or two pages, or print the form two sided on one piece of paper. You may also use your printer or a copy machine to reduce the size of the printed form if you like.
Then simply fold it up and stick it in your wallet, purse, or somewhere where an emergency responder can find it.
I myself have one of these cards in my wallet, and I also keep an “In case of Emergency” contact in my cell phone. The problem with the cell phone is that if it is broken up on the side of the road, it is useless.
I am glad that I could provide this service for you. Hopefully like motorcycle or car insurance, you will never need it!
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.
*** 9/15/10 Update – I have heard from no other attorney in the State of California who advertises that they handle motorcycle accident cases, and who rides. I issued this challenge almost a month ago. I must conclude that there is some false and misleading advertising going on aimed at Bikers by other attorneys who claim that they are “lawyers who ride.”
If you have had a motorcycle accident in the State of California, and you are looking into hiring someone besides myself to handle your case, make sure you check them out. You are now on notice!
***9/2/10 Update – As expected not one California attorney has accepted my challenge to meet me on a motorcycle ride anywhere in the State of California. Stay tuned. I am going to push this issue. There are a whole bunch of shysters out there advertising that they are lawyers who ride trying to get your business in motorcycle accident cases. There must be at least one out there who really rides right?
I challenge any California Attorney who advertises that they handle motorcycle accident cases to join me on a real motorcycle ride. That’s right a real motorcycle ride.
I will meet you anywhere in the State of California for a motorcycle ride, and I will buy you lunch.
If you are in fact a California Attorney who advertises that you handle motorcycle accident cases, and you actually really ride motorcycles like me, I will mention you here on the Biker Law Blog.
The only caveat’s are that you must have had a valid motorcycle endorsement on your California driver’s license before the date of this challenge; if it is your firm, you cannot push out an associate who rides, it must be you; you cannot hire an associate who rides after the challenge; and your advertisements must have existed prior to this challenge.
In other words, you have to actually do and be what you say you are in your advertisements on the date of this challenge.
We get about a million hits per month here on the Biker Law Blog so imagine all of the free advertising you will get simply by proving that you actually ride motorcycles like you advertise that you do.
You see I am flat out sick and tired of seeing all of the false and misleading advertising aimed at bikers and motorcyclist.
There are some firms that advertise in major motorcycle rags claiming that they are attorney’s who really ride or that they are the original attorney’s who ride, blablabla.
I say proof talks, bullshit walks, and enough is enough.
You would not hire a dentist to perform knee surgery on you, and you should not be hiring an attorney who does not ride motorcycles to represent you in a motorcycle accident case.
It just does not make sense to hire someone who does not know the first thing about riding motorcycles, or the bias and prejudice we face as bikers and motorcyclist face in the courtroom, to handle your motorcycle accident case.
Don’t sell yourself short by hiring an attorney to handle your motorcycle accident case, simply because they might have a fancy ad proclaiming that they ride motorcycles. Make sure they really ride motorcycles like they say they do!
So there it is; are there are real attorney’s here in California that ride motorcycles, and who advertise that they ride motorcycles, besides me? I would be shocked if there were more than one that I know of!
I hope the headline of this article got your attention.
The sad fact is that it is true. The bad economy that we are in right now can kill you or severely injure you if you ride a motorcycle, or are a motorcycle passenger.
You see, the streets, roads, highways, freeways, and interstates of cities, states, and our nation are falling apart, and are in a severe state of disrepair.
Many roads that you ride on have dangerous conditions such as potholes, significant cracks, debris, missing signs, or might even be in a dangerous state due to road construction.
I have represented many motorcycle accident victims whose motorcycle accidents were caused by dangerous conditions on the road.
Heck, in just the last couple of weeks, I have had multiple new motorcycle accident victims sign up with me, because they crashed due to dangerous conditions on the road.
Just recently, I watched a report on a local TV news channel about the fact that Los Angeles has a severe backlog of street repairs that need to be done, but that are on hold due to budget constraints.
They know about severe defects and are not fixing them. In some cases the streets are so bad, that they need to be replaced. Still they are doing nothing.
Well this is unacceptable. You see that the government owes each of us a duty to maintain our roads and highways in a safe condition, such that it is fit to be used in the manner in which it is intended.
Maybe instead of paying government workers six figure salaries, cushy insurance benefits and huge pension plans, that most people in private industry do not get, maybe they should take some of this money and fix our roads.
You see the government knows full well that if you have a road with potholes and other defects, that us motorcycle riders can and do hit these defects and crash.
There are many riders being severely injured and even killed right now, because our roads are not being maintained in a safe manner.
Maybe much of the so-called stimulus money should be spent fixing our roads and streets. Two birds can be killed with one stone; stimulate the economy and fix our infrastructure at the same time.
Getting back on subject, local city, county, and state governments are claiming that they cannot fix our roads because of the economy and their budget deficits.
Well guess what, they are still on the hook for negligence if their failure to fix a road or street, causes a motorcycle rider to crash.
If you or a loved one has been injured in an accident due to a dangerous road condition anywhere in California, give me a call for a free consultation at 800-816-1529 x. 1.
In California you have only 6 months from the date of your accident, to file a claim against a governmental or public entity. You do not have time to mess around.
Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.
I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.
You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.
I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.
I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.
As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.
They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.
They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.
Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.
If you or your family suffered through the wrongful death of a loved one at this event, or your or a loved one were injured at this event, all me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.
Long-time Aerosmith axe-man and creative collaborator Joe Perry has reportedly been treated and released after a motorcycle crash in Middleborough, Mass.
According to the Boston Globe, Perry was riding his 2009 Ducati when he was struck from behind by a 62-year old retiree, who was cited after the accident. Although he didn’t appear to be seriously injured, he was transported to Morton Hospital and Medical Center in Taunton, Mass. at about 2 p.m. (EDT) on July 15.
Middleboro Police Officer Bradley Savage called the collision “a very minor motor vehicle accident,” thanks in part to the fact that Perry was wearing a helmet.
After recently touring in South America and Europe, Perry, vocalist Steven Tyler and the rest of the band are preparing for their summer U.S. tour, “Cocked, Locked, Ready to Rock Tour,” that begins on July 23rd in Oakland, California, and includes 17 other dates.
In a recent press release, Tyler said, “I thought it was time to get my MOJO back, by rockin South America and Europe with a little HOME RUN at Boston’s Fenway Park thrown in and then off to the rest of America to do what we do best! We’re gonna rock you into the middle of next week!”
Perry added, “This is a perfect time for us to tour North America as we are just completing a very successful tour of South America. We are looking forward to our European tour next month and then bringing our show back to our home soil. We are running on all cylinders and are “Cocked Locked and ready to Rock”!”
If you didn’t know better, you’d swear that the fates are conspiring to keep one of the most successful American bands of all time from touring. Stage mishaps, alcohol and substance abuse, illness, injuries and feuding between Tyler and Perry have caused show cancellations and delays on recent tours.
Guitarist Brad Whitford missed part of last summer’s tour after bumping his head getting out of a Ferrari; Perry had knee-replacement surgery in 2008; Tyler fell off a stage in South Dakota, breaking his shoulder; and bassist Tom Hamilton was diagnosed with throat cancer in 2006 and underwent radiation and chemotherapy. The band’s representative, Liz Rosenberg, told the Boston Globe yesterday, “Joe is home and he’s fine. All’s well and we’re all grateful.”
Hopefully, this accident will prove to be only a minor inconvenience.
Are there any real biker lawyers out there beside myself?
When I look at the Internet I see a bunch of pasty face lawyers and attorneys in suits claiming that they are motorcycle injury attorneys. Some are well known so-called motorcycle attorneys who advertise in a bunch of motorcycle publications, and even set up booths at events.
I know one up and coming so-called motorcycle attorney outfit that is nothing more than a marketing franchise scheme aimed at bikers and motorcyclist like you.
Hell, they advertise on TV, and they are all over the Internet representing themselves as biker lawyers.
When I contacted them to find out what they were about, they sent me marketing literature. Basically if you join their outfit and pay a fee, you too will be a real biker lawyer. They have a nationwide marketing campaign going right now which is targeted at bikers and motorcyclist. What a joke!
Let me ask you a question. Would you really want to hire a motorcycle injury attorney from an outfit that is nothing more than a marketing scheme directed at you?
Some months ago a few of us so-called “biker lawyers” were in an article in the Los Angeles Times discussing what is what like to be a biker lawyer.
One of my competitors admitted in the article, that he did not ride “because he wanted to grow old to see his grandchildren.” There was another attorney mentioned in the article, who I have never heard of before the article, who had recently starting working for the same firm of the guy who admitted that he did not ride, stating that he recently actually started riding, and that he recently started doing motorcycle accident cases; isn’t that grand.
Hell at least I give them a little credit for having an employee attorney who actually started riding a Harley Davidson Sportster right before the article came out.
Hell this firm advertises nationwide in many prominent biker rags. If you were to read their advertisements you would think that these guys are the baddest biker lawyers in town. I challenge them to ride with me sometime here in California. It would be nice to actually meet another attorney who rides motorcycles.
Geez would you want an attorney who is great at advertising, but who does not ride because “they want to grow old to see their grandchildren” representing you in your motorcycle accident case? Do you think that this guy actually respects you and your right to ride?
The reporter from the Times gave me a sentence or two credit in the article, notwithstanding the fact that she interviewed me for about an hour.
I thought it was amusing that the majority of the article was spent giving lip service to attorneys who don’t actually ride motorcycles, except for the one junior associate I mentioned above, who had just started riding motorcycles.
I challenge any of the so-called local California Biker Lawyers and Motorcycle Accident Attorneys who advertise anywhere in California to join me on a ride. The reason why I am issuing this challenge is because I believe that maybe only a few of them actually ride motorcycles if any do at all.
I do know of some lawyers nationwide who do actually ride motorcycles. One of them from Southern California who rides, does not do motorcycle injury accident cases.
There was an actual Superior Court Judge based in San Bernardino who actually rides motorcycles. He is, or was a Judge, I am not sure of his status now, but he does not advertise as a biker lawyer who handles motorcycle accident cases.
There is an attorney; his name is Jeff who lives in Korea, who rides. I met him through this Blog, the Biker Law Blog.
I know that there are lawyers out their sprinkled around the good old USA that ride motorcycle, but believe you me; they are the exception and not the rule.
In my personal opinion, I think that a law firm, or someone who advertises that they are “the best” motorcycle accident attorney,” or that they are “attorneys who ride,” or that they are “motorcycle accident experts,” etcetera, etcetera, should put their proof where there mouths are, or stop the false and misleading advertising.
I put my proof on the road on a daily basis. I do not make untrue claims about being a lawyer who rides; I am a lawyer who rides.
My firm has helped many bikers and motorcyclist in their time of need after a motorcycle accident. My client’s know I am a biker and motorcyclist just like them. When they talk to me, they are talking to a fellow biker and motorcyclist, not some attorney who advertises to them like they are a niche market.
Do not fall prey to slick advertising campaigns, or firms that are flat out misleading you into thinking that they are real bikers and motorcyclist only to get your business, when they are not bikers and motorcyclist who actually ride.
It is one thing to be a generic personal injury attorney who handles motorcycle accident cases, and another thing to flat out lie about being a biker and motorcycle rider only to get business, and to get real bikers and motorcyclist like you to sign up with them.
As I have stated many times, a generic personal injury attorney is at a severe disadvantage handling motorcycle accident cases, because they do not know the intricacies of riding a motorcycle, the very real dangers that bikers and motorcyclist face on the road when they ride, or how to deal with the prejudice that bikers and motorcyclist sometimes face, because they themselves have never had to personally deal with them.
You would not want to go to a general doctor for an orthopedic operation would you? So why would you go to a generic personal injury attorney instead of a real biker and motorcycle accident attorney to handle your motorcycle accident case?
So there it is. If you are a motorcycle accident victim, you need to do your due diligence when picking an attorney and lawyer to handle your motorcycle accident case.
If you see a slick advertisement from someone claiming to be a biker who rides, or who claims that they are the best motorcycle accident attorney, or that they are attorneys who ride, or someone who poses next to a motorcycle in a picture or advertisement, ask them a few questions about riding, particularly, when was the last time they rode!
You should know after a few questions whether they are bullshitting you our not.
My name is Norman Gregory Fernandez, and I am a real California Biker Lawyer, who handles motorcycle accident cases. Yes, I actually ride.
Then again, if you are anywhere in California, you can just call me. I will take care of you if you have a good case. Call me 7 days a week, 24 hours a day at 800-816-1529 x. 1.
If I agree to take your case, and you decide to retain me, I will send my people out to sign you up, so that you do not have to come into our offices.
We will handle your motorcycle property damage claim part of your case for free, unlike other attorneys who may charge you an administrative fee, or even a percentage of the amount of property damage.
I know attorneys who charge a fixed administrative fee to handle property damage. I will never take a dime of money to help you get your motorcycle repaired or totaled, if you retain me for your injury case.
We not only do not do that, but we think that it is wrong for a lawyer and attorney to take any part of the property damage claim in a motorcycle injury case.
If you are one of our clients, we will not only do the property damage part of your case for free; we will also do the following;
We will arrange to get you medical care, even if you do not have medical insurance, as part of your overall case.
We will help you to get a rental car if you are stuck without transportation.
We will help you to get a handicap placard for your vehicle so you can park in handicapped spaces while you are recovering.
We will help you to get a cash advance on your case with a 3rd party company if you are unable to work.
We will fight to get you everything that you are entitled to in your case such as loss of income and future income, medical expenses and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, loss of use of your motorcycle, and any other out of pocket expenses related to your accident.
We will also fight to get your spouse a recovery for the loss of consortium related to your motorcycle injury accident.
Hell, we even make ourselves available to our clients after hours and on the weekends when necessary.
We are not bankers and do not keep bankers hours. We work when necessary, not by arbitrary hours like some other attorneys!
We will go that extra mile for you in your case.
There is a reason why many bikers, motorcyclist, motorcycle club members, and others come to me for representation on their California cases; and it sure is not because of my slick advertisements.
The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.
Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.
Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.
The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.
The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.
Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.
The Federal Highway Administration will fund a study by Oklahoma State University’s Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.
The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.
The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.
Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.
The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.
Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.
The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.
If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!
**** 3-29-10 Update: There was a big turnout of bikers to pay homage to the downed bikers who were killed and injured in the horrible accident. You can see a video by clicking here.
**** 3-27-10 Update: 4th person died in this crash. I have modified the title to reflect this fact. The victims, and the person who caused this crash are also identified. You can read about it, and see a video by clicking here.
**** 3-26-10 Update: Here is a link to another article on this horrible crash and a video.Click Here
A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.
The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.
The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.
There was no sign the truck driver was impaired.
Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.
“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.
Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.
The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.
Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.
“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.
Dozens of police and rescue personnel responded to the crash.
Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.
The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.
The Carefree Highway was expected to be closed for several hours as police investigate the crash.
Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.
You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.
This accident is absolutely atrocious and horrible.
Green Bay Packers tight end Spencer Havner was arrested early Saturday morning after he was injured in a motorcycle accident in an unincorporated area of Nevada County in California.
According to the California Highway Patrol, the former Nevada Union High School star was riding on a cul-de-sac off Indian Flat Road at about 2:45 a.m., when he lost control of his 2007 Kawasaki and crashed.
Havner was transported to Sierra Nevada Memorial Hospital, where he was found to be under the influence and arrested, according to CHP reports.
“There was a smell of alcohol, he was babbling somewhat and the on-site investigating officer determined that he was under the influence of alcohol,” said Grass Valley California Highway Patrol spokesman Eric Wagner. “The subject couldn’t remember what happened or falling off.”
Wagner said Havner, 27, was not wearing a required helmet and, according to the preliminary report filed by the arresting officer, Dina Hernandez, Havner sustained “major injuries,” including a broken shoulder blade, lacerations to his head and left arm.
Wagner said Havner was transported to Sutter Roseville Medical Center after blood was drawn.
“The sobriety field test was limited based on his injuries,” Wagner said. “But in the officer’s opinion (his blood-alcohol level) was greater than 0.08 percent.”
A final report will be forwarded to the Nevada County District Attorney’s office, likely early next week, when it will be determined if charges will be filed.
Havner’s representative, Mark Humenik, a general counsel for Athletes First, told the Milwaukee Journal Sentinel his client “suffered only minor injuries.”
While Humenik confirmed Havner broke his scapula (shoulder), he should be fully recovered “in short order.”
“We have spoken to Spencer Havner about the injuries he sustained in a recent motorcycle accident near his home and we are monitoring the situation,” Packers spokesman Jeff Blumb said in a statement.
Nevada Union coach Dave Humphers, who mentored Havner, was shocked by the news. He said he has yet to talk to Havner.
“I just hope he’s OK,” Humphers said. “Spencer has always been a solid guy. He’s never been in trouble of any kind.”
Havner starred at UCLA but was undrafted in 2006. The 6-foot-3, 250-pounder spent parts of three seasons trying to make the Packers as a linebacker. Last season, Havner, nicknamed “Duct Tape” for his ball-catching skills, switched to tight end and caught four touchdown passes.
The Packers offered Havner a tender as an exclusive-rights free agent earlier this month.
Let me tell you that Spencer Havner is lucky to be alive. To be frank he is an idiot for drinking and riding a motorcycle, let alone without a helmet. The injuries he suffered are painful and severe. I am sure the driving while under the influence will be the least of his problems.
Under no circumstances should anyone ever drink and ride a motorcycle, especially without wearing the proper safety gear.
I know lots of guys who enjoy one or two beer while on motorcycle road trips, thinking that only a couple of beer will not impair them; well B.S. it does.
There is no room for error while riding a motorcycle. I wish Spencer Havner a full and speedy recovery; hopefully he has learned his lesson about drinking and riding a motorcycle. Many bikers and motorcyclist do not ever get a second chance.
If you are a biker or a motorcyclist, and you actually ride your motorcycle, you have probably had a run in with loose gravel on the road or a parking lot at some point or another. It can be a real bitch to say the least.
Talking to a new client this evening brought up some bad memories I have had riding though gravel in the past myself, not to mention the many cases I have handled of motorcycle accidents caused by loose gravel.
My new client, who we will call Lucy for this article, was a passenger on a motorcycle that was being driven by her ex-boyfriend that went down when they hit a patch of gravel.
He was pinned underneath the motorcycle, she was thrown off and suffered severe injuries.
I am representing Lucy the passenger.
As she described it, they were not riding fast, and they turned into onto a familiar street, and then the bike (a Harley Davidson) just kind of slid out from underneath them for no apparent reason. Once they were down they realized that they hit a patch of gravel. Both were injured.
As we all know or should know, a motorcycle only has 2 wheels that we balance on when riding. Unlike a car or other cage vehicle, generally a motorcycle’s 2 wheels have a very small tread area that actually contacts with the ground when we are riding. Yea I know that some of you have 200’s on the rear, or fat racing slicks on your sport motorcycle, but that is not the norm.
Most of us have a very small amount of tread that contact with the ground when we are riding. If we ride over loose gravel, sand, or rocks on the road, it can very well cause your motorcycle to slide out from under you and ruin your whole day.
My worst experience with gravel happened on a very lonely unnamed off ramp on Highway 40 in Arizona between Flagstaff and Kingman in the middle of the night. My then fiancé and I got off to get some gas. It was pitch dark. No lights at all except for my headlight. The gas station was on the other side of the interstate under a bridge. There was no light from it at all when I got off.
As I turned left my motorcycle slid out from under me. I am no expert rider, but I managed to keep the motorcycle up. I was scared shitless. Had we gone down, we could have been run over by someone speeding down the off ramp due to no light, or we could have been laying there for quite some time. We were literally in the middle of no where, in the middle of the night. (Just the way Bikers like it.)
When we got to the gas station I told my fiancé what happened. She was so tired that she had no clue that we almost ate it.
Who is at fault if an Accident is caused by loose gravel, or on the Road?
Generally the person operating the motorcycle has a duty of due care to ride the motorcycle safely on all surfaces, therefore the rider is responsible.
However, it can also be argued that it is reasonably foreseeable to private persons, private property owners, or governmental entitles, that loose gravel or sand on hard pavement can create a dangerous condition to persons riding motorcycles because these vehicles balance on two wheels only, and loose gravel or sand can cause them to go out of control.
In other words, an experienced Biker Attorney and Motorcycle Accident Attorney such as me can and will go after a person or entity that knowingly puts loose gravel or sand on a road that is used by motorcycle riders, because it creates a dangerous condition that they either know about, or should know about.
This is a very good reason why you do not want to go to a garden variety personal injury attorney who advertises that they do motorcycle accident cases, but has no clue what it is to actually ride a motorcycle. Only a real biker and rider of motorcycles understands the gravel or sand problem as it relates to motorcycle riders. I understand the problem because I have experienced it.
So there it is; if you go down due to loose gravel or sand on a public or private road, or even a parking lot anywhere in California, you should give me a call for a free consultation at 800-816-1529 x. 1. I will tell you over the phone if you have a good case.
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.