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!
On March 30, 2013, Alvaro Horacio Arroyo, was enjoying a day with his family.
He is pictured here on the upper left with his mother just 20 minutes before he was fatally injured in a motorcycle accident that was caused due to a negligent elderly person who made a left turn in front of him.
He was the jovial father of four sons, Alvaro – age 13, Alessandro – age 9, Ali – age 7, and Alden – age 2.
He was a loving husband to a blind and disabled wife Rosa.
He was a loving brother to Marisa, Nancy, Hector, Elmer, and Jesse.
He was a loving son to mother Agripina.
Alvaro was known as a kind and jovial person; the kind of person who made friends with everyone. He was the kind of person who made everyone laugh, and who everyone wanted to be around.
He was a role model to his children, and never balked at lending a helping hand to anyone that needed it, most of all his family.
On March 30, 2013, Alvaro decided to take his niece Bianca, for a ride around the block on his 2012, Yamaha YZF R6 motorcycle.
Bianca happened to be the primary caregiver for Alvaro’s disabled wife Rosa, and is herself also married with kids.
On that fateful day on March 30, 2013 as Alvaro and Bianca went for a short ride around the block where they lived, a car driven by a careless and negligent elderly person turned left directly in front of them.
Having no time to react or maneuver or stop, they hit the vehicle.
Alvaro suffered massive head trauma and died of his injuries on April 5, 2013.
Bianca suffered severe injuries to her right leg, and the right side of her face which required multiple surgeries to both.
Her recovery will be slow and painful and she will need much more medical treatment and therapy to recover.
Rosa and Bianca now both need help living day to day, as well as their children.
The children of Alvaro and Bianca are suffering untold emotional distress, and at their young age do not really full comprehend the tragedy that has happened to the family simply because a negligent driver was not paying attention to what they were doing while driving.
Alvaro was a registered organ and tissue donor. With his wife’s approval, Alvaro’s organs were donated in an attempt to save other people’s lives. One Legacy he leaves is that he has helped other people to live by donating his organs.
This tragedy has left Alvaro’s family with no money to live.
They are in extreme need of help. The family is accepting donations through their PayPal account at:
Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.
I have moved to Huntington Beach, and my new law firm “The Moy & Fernandez Law Group,” is fully operational.
Our phone number and fax number are the same, 800-816-1529, but we have consolidated all our California pre-litigation operations into one location in Irvine, California.
So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, the pre-litigation will be handled by our competent staff in the Irvine office, while our field staff continues to come to you anywhere in the nation.
We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.
My partner Lawrence A. Moy, who has been a friend and brother since 2002 has merged his firm with mine to create a premier California Personal Injury Law firm. Together we have handled thousands of cases, and settled millions of dollars for our clients. We have many years of combined experience.
I feel sorry for the poor bastards who oppose us on cases, I give no quarter. Some lawyers say they will fight for you, we will kick ass for you.
I think we have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.
I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.
I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.
When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.
Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.
I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.
So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.
Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.
I have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.
Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.
Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.
The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.
Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.
I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.
Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.
I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.
Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.
They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.
One of my sayings is that it is better to get two thirds of something instead of all of nothing.
To me this is plain stupidity, and there is a lot of it out there lately.
It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.
The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.
Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.
Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.
If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com
The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.
Best of all it is FREE for all users worldwide.
Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.
We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.
Here is a description of the California Accident App™ right from iTunes and Google:
Why download the California Accident App™?
The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.
Here are some screen shots, click on each image to see a bigger image:
California Accident App™ features:
- Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
- Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
- Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
- Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
- Emergency Services Locator.
Here are the QR Codes to help you find our California Accident App easier:
Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it.
A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;
A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.
I literally get at least 5 calls a week with this exact same scenario.
In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.
I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.
What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.
The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.
This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.
Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.
Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.
If you or your family have been the victim of a truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.
Riding on a motorcycle with a friend is one of the most fun things you can do. It could be a much more enjoyable experience if the passenger understands and follows quick and easy rules. To become the kind of passenger riders wish to ride with, try to remember the advice given below:
Wear clothing that will give you some protection in the unlikely event of crash or accident. At the minimum, you should wear the following to safeguard yourself:
Footwear that protects your feet and your ankles (hiking boots are excellent).
Durable pants–leather is most beneficial; if you don’t have or cannot get leather, you will need to get by with jeans, work pants, or something like that. An abrasion resistant jacket that zips or buttons in close proximity to the neck (again, leather is advisable should you have it; a nylon flight jacket or parka are satisfactory, and a Levis-type jacket will do in a pinch).
Eye protection–ideally, the helmet you borrow or own needs to have a face shield for comfort in addition to eye and face protection. If it does not, goggles are excellent, and glasses (dark or prescription) will do.
It’s also wise to make an effort to dress appropriately for any weather.
If you have not ridden as a motorcycle passenger very much, you probably do not realize how hot or how cold it can be on a motorcycle ride. If it is hot, it will feel a lot hotter when you are riding; when it is cold, it will feel a lot colder when you are riding. Ask the rider for assistance or tips on dressing for any anticipated weather conditions. When choosing comfortable attire, try not to compromise your minimum level of protection as described above.
On hot sunny days, one trick would be to wear an extra-large white shirt over your jacket. It’s going to reflect a great deal of heat and help keep you cool. (This is not one of my tips, but it is recommended by other riders) In general, it really is easier to dress safely and comfortably for just a cool day compared to a hot one. Lastly, don’t wear anything loose and floppy (like a long scarf or bell bottom pants) which could get caught in the rear wheel, sprockets, drive chain or belt, or any other moving area of the motorcycle. You could injure yourself, and might cause an accident.
Wear a securely fastened helmet which fits properly. Most riders have extra helmets and will also be glad to loan you one.
A helmet should be a snug fit; it shouldn’t be possible to twist it around on your head. The strap should be pulled as tight as you can get it without choking yourself out. You can try for fit, and also to find out if the strap is tight, by holding the chin bar of your full face helmet, or the side edge of an open face helmet, directly over your forehead, and attempt to pull the helmet backwards off top of your head. In the event the helmet ends up on the back of your head, tighten the strap or get a helmet which fits.
Under no circumstances should you ride with a helmet that will slip easily over your head with the strap on. The rider can instruct you on the best way to put on your helmet properly. If you ride often, you will eventually want to buy your own personal helmet. Just about any motorcycle shop will help you choose a suitable helmet which fits you correctly.
Before you decide to attempt to get onto the motorcycle, make sure that the passenger foot pegs are down. (They fold when not being used, and it is easy for the rider to forget to put them down for you.) If you do not know where the foot pegs are, have the rider point them out to you.
Also, beware of the exhaust pipes. Make sure you know where they are, and do not let your leg or any area of your body touch them when you get on or off of the motorcycle. They can and will give you a severe burn all the way through the heaviest pants if you touch them with your legs or another part of your body.
It is actually customary to get on or off the motorcycle from the left side. Always wait for the rider to inform you its okay to mount or dismount. Should you begin to clamber on (or off) when the rider does not expect it, the sudden motion of the motorcycle can and may be disconcerting to the rider. You might even pull the motorcycle over.
The best way to get on a motorcycle and the method almost all passengers should use is to extend your right leg over the rider’s portion of the seat, and then slide gently up onto the passenger part of the seat. Put your feet on the foot pegs and that’s it.
If you aren’t able to do that because you are a small person or perhaps a child, this method may work: put your left foot on the left passenger foot peg, lean your whole body all the way over the motorcycle, and gently step-up until you can swing your right leg over the seat and ease yourself down. You need to keep yourself low and lean over the center of the motorcycle as much as possible when you jump on, to help the rider keep the motorcycle balanced. The extra weight of your body, if it’s too far out of line with the weight of the motorcycle, could pull the bike over.
A person reasonably in close proximity to a normal size (man or woman) should never need to use this method to mount a motorcycle, and a heavy person should not attempt it under any circumstances.
It’s all a matter of balance; the rider may not be sufficiently strong enough to hold a large motorcycle upright should you cause it to get out of balance.
To dismount, just reverse the process you utilized to jump on. After some practice, getting on and off will become second nature.
Once you are on the motorcycle, plant your feet on the passenger foot pegs and keep them there under all circumstances. You do not want to bring your foot into contact with the ground, rear wheel, drive chain, belt, or the hot muffler.
Never make an attempt to assist the rider to hold the bike upright when it’s stopped by putting your foot down. Keep the feet safe by keeping them on the foot pegs at all times.
Place your hands on the rider’s hips. This is the best way to keep hold of the rider, and it keeps you in touch with the rider’s movements. Keep your weight centered over the motorcycle. Try not to move around any more than is necessary, particularly when the motorcycle is stopped, because it affects the balance of the motorcycle.
Motorcycles turn by leaning (banking like an airplane), not by steering like a car. So don’t be alarmed when the motorcycle leans over to go around a corner.
To set yourself into the right position perfectly for any turn, just look over the rider’s shoulder towards the turn. When the motorcycle is turning right, look over the rider’s right shoulder; when it is turning left, look over the rider’s left shoulder. You don’t have to do anything else; looking naturally over the rider’s inside shoulder will automatically put your weight exactly where it belongs in a turn. Keep your body in line with the rider’s body to prevent the motorcycle from leaning greater than the rider intends. (When going straight, it does not matter which shoulder you gaze over.)
Never lean beyond a turn; you could cause a crash that way.
When the rider applies the brakes, it creates a forward weight transfer on the motorcycle. In the event the rider is forced to brake hard, as in an emergency, this forward weight transfer will be very apparent to you; you’ll be forced up against the rider, and you will begin to slide forward on the seat.
Don’t panic. Try to keep back, off of the rider. Resist sliding forward by pressing your feet up against the foot pegs; make use of your thigh muscles to manage your position on the seat. Should you slide forward, you may force the rider forward, decreasing the rider’s control of the motorcycle. Additionally, it moves the weight distribution of the motorcycle forward, reducing the weight on the rear tire and therefore the traction of the rear tire, which makes it much more likely that the back tire will begin to skid. Obviously, none of this is desirable. Try to keep yourself from jamming up into the rider by using your foot pegs and your thighs.
You will be an active participant in the ride by staying alert and being prepared. Help the rider search for potential danger, and stay prepared to hang on and hold yourself back in the event you anticipate a need for sudden braking.
Likewise, in the event the rider is forced to swerve the motorcycle in order to avoid a hazard in the road, you have to be prepared for a sudden lean and change of direction.
It’s also possible to assist the rider by scanning for animals that may run into the street. Dogs and deer are particularly unpredictable, and you might see a deer on a hillside above the road, or perhaps a dog in somebody’s yard, before the rider. (After all, the rider is concentrating primarily on the street.)
In the event you spot a hazard of any type that you think the rider is unaware of, rap the rider on the appropriate shoulder, and point at the hazard in a manner that brings it to the rider’s attention.
If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.
Motorcycle accidents can be tragic as well as upsetting events.
The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.
A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.
Additional causative factors
Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.
An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.
Be careful out there when riding your motorcycle.
Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.
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 Motorcycle Accident Attorney and Biker Lawyer, I regularly deal with all sorts of different motorcycle accident cases that are caused by all sorts of different scenarios. As an actual rider of motorcycles, something that sets me apart from other lawyers who handle motorcycle accident cases, I know firsthand the risks and dangers of riding motorcycles.
I am always asked what do you have to watch out for the most while riding your motorcycle. I could write an entire book on this subject, however, I will do my best to answer the question in this short essay.
There really is no simple answer to this question. Motorcycle accidents are caused by other negligent motorists, lack of riding experience or knowledge, road conditions, loose debris, mechanical failure, excessive speed, tire failure, weather, animals, drugs and alcohol, even medical conditions of a rider.
All of these topics warrant a lengthy discussion.
However, in my practice and in my opinion, the single largest cause of motorcycle accidents is other motorists in 4 wheel or greater vehicles, we bikers and motorcyclist call these persons “cagers.”
The largest threats to a biker and motorcyclist from a 4 wheel motorist on his or her motorcycle are; (1) A motorist turning left in front of you, (2) A motorist cutting you off or hitting you while exiting a driveway or an ally, (3) A motorist cutting you off or hitting you while coming from a side street, (4) a motorist merging into you from the side while driving next to you or near you, (5) a motorist pulling out from the curb, and (6) getting rear ended.
Among all of the motorcycle accident cases that I handle, the threats articulated above are the main causes of motorcycle accident and motorcycle accident death cases that I handle.
There are some basic preventative measures you can take to minimize the chances of you becoming the next victim of a negligent motorist while out on your motorcycle.
Beyond taking a certified motorcycle safety course, and advanced course on your own motorcycle, not driving while intoxicated, wearing proper riding attire including a DOT certified full face or modular helmet, and making sure you have a proper motorcycle endorsement, there are a few tricks I have learned throughout the years that I will share with you.
(1) Don’t ride too fast for the conditions you are in.
Most motorcycle accident happen on city streets, and within a 5 mile radius from your home. If you are on let’s say a 4 lane street (2 in each direction), there are risks everywhere. Make sure you keep your speed down so that if you have to stop or slow down quickly, you can. Remember, the faster you ride, the longer distance it takes for you to slow down or stop.
(2) Cover your brakes at intersections or when you see a risk.
Covering your brake means to put your hand over the front brake lever to prepare to use your brake. You should cover your brake anytime you enter an intersection where you see a car stopped on either side of you, or a car waiting to make a left turn in the opposite direction. Why, because already having your hand on the brake lever will give you an extra second or two to hit the brakes and to potentially avoid and accident if one of the cars drives or turns in front of you.
I know it sounds like a hassle, but if you do it everytime, it will become engrained into your muscle memory and you won’t even have to think about it in time.
Under certain circumstances, you may even want to hit your brakes while covering, to heat the them up so that you can stop faster, and to signal the car behind you that you are slowing down. The car behind you cannot see you if you let off of the throttle and use your engine to slow you down.
(3) Look at the tops of the wheels of a threatening car.
When you see a car stopped as you approach a driveway, a side street, or in the oncoming left turn lane, look at its wheels, especially the tops of its wheels if you can see them. If you cannot see the tops, look at the tire rims or hubcaps. The tops of the wheels actually move much faster than the actual car does, and it will give you an indication of whether the car is moving towards you or not. Your eyes will be able to perceive the wheels moving way before your eyes will be able to perceive the entire car moving forward. Don’t ask me why, it is just the way we perceive things.
Obviously if you are riding along and you see a car stopped at a driveway or a side street, and you see its tires moving, you better assume that they do not see you, and take evasive action. The best evasive action is to brake or stop and to not swerve because when you swerve you have less motorcycle tire contact than if your tires are straight up and down. The less tire contact you have, the more likely that you will not be able to stop in time, and/or lose control of your motorcycle and lay it down.
If you see an oncoming car in the left hand turn lane, and its tires start to turn in your direction, assume that they are going to turn in front of you, and take evasive action.
(4) Assume that other motorist cannot see you when you ride.
No matter how bright your clothing, how many lights you have on your motorcycle, how visible you think you are, no matter what you do, for some inexplicable reason, we motorcycle riders seem to be invisible to motorist in cars, trucks, or other motor vehicles. I am not telling you to try do anything you can to be more visible to other motorist, on the contrary, you should do everything you can to try to be more conspicuous to other motorist.
There have actually been studies done to understand how we human beings perceive things, and it has been found that we humans actually and not consciously selectively filter out certain things that we see for various reasons.
It seems that many people riding in cars, trucks, and other vehicles for some reason, filter us motorcycle riders out. After an accident these people swear that they did not see us, when they should have. Whether it is unintentional or not, some motorist flat out do not see us.
When you ride you have to assume that other motorist do not see you and you need to ride accordingly. If you ride as though you are invisible to other motorist, you will actually be a much more cautious and better rider.
Assume that the car in the oncoming left hand turn lane is going to turn left in front of you Assume that if you are on a two lane road with cars parked on the side that a car will pop out from the parked position. Assume that the car you see waiting to turn out of a gas station or waiting to make a right turn at the intersection will turn in front of you.
I know it’s not fair, but as a motorcycle rider, we have to be much more diligent about our own safety when we ride our motorcycles. Yes you may have the right of way, but that is not going to stop the negligent cager from hitting you and doing some major damage to you.
Exercising caution and some restraint, will make your motorcycle riding experience much more pleasurable, and above all, will allow you to make it home after your ride instead of in the hospital.
SALINAS, California – A 6-year-old Salinas girl was killed after her father attempted to chase down a pickup truck on Highway 101 in North Salinas that he thought had his stolen motorcycle in the back, investigators said Thursday.
Just before 4:30 p.m. Wednesday, Luis Armando Molina, 33, of Salinas, was driving a 2000 Chevrolet Suburban sport utility vehicle on Highway 101 when he spotted a motorcycle in the back of a pickup truck, investigators said.
Believing the motorcycle was his stolen bike, Luis Molina chased after the gray truck, California Highway Patrol Officer Robert Lehman said. Luis Molina’s wife, three daughters aged 2, 5, and 6, and 10-year-old son were all riding in the SUV.
Dispatchers received 911 calls from motorists reporting two vehicles speeding recklessly on northbound Highway 101, Lehman said.
To catch up with the speeding truck, Luis Molina attempted to pass slower traffic by driving more than 60 miles-per-hour on the northbound shoulder, the CHP said.
He lost control and the SUV flipped near the Laurel Drive exit.
Xitlali Molina, 6, was thrown from the SUV.
Emergency responders who were first on the scene whisked the 6-year-old to Natividad Medical Center in Salinas, Monterey Sheriff Detective Kevin Gardepie said.
Despite surgeons’ attempts to save her, Xitlali Molina’s injuries proved lethal. The 6-year-old was pronounced dead at 5:07 p.m. in the emergency room, Gardepie said.
At the crash scene, a rumpled pink child car seat lay next to the wrecked black SUV Wednesday evening.
Xitlali Molina had been riding in the back seat of her father’s SUV, the CHP said.
Investigators are focusing on determining if she was properly buckled in a child restraining seat before the collision, Lehman said.
Her 2-year-old and 5-year-old sisters were both properly buckled in child safety seats, and her older brother and parents had seat belts on, Lehman said. California law requires all children younger than 6, or weighing less than 60 pounds, to be secured in a child safety car seat.
Immediately after the crash, all lanes on Highway 101 northbound in North Salinas were shut down during the evening rush hour commute and traffic snarled for miles. The lanes were closed so that a CalStar ambulance helicopter could land on the highway.
The helicopter airlifted the driver’s wife, Maria Molina, 32, of Salinas, to a Bay Area trauma center to be treated for moderate injuries.
Luis Molina and his other three children escaped the crash with minor injuries.
The pickup truck driver fled the scene. On Thursday afternoon, CHP officers were still searching for the driver and the gray Chevrolet pickup truck with tinted windows.
Xitali Molina would still be alive playing with her favorite princess dollhouse and riding her pink scooter if her father had not chased the truck, neighbors said.
“It’s just sad. Especially if it’s a little girl and she has her whole future ahead of her,” neighbor Nick Mederos said Thursday. “One tragic incident and it’s all over.”
The father could be charged with reckless driving and vehicular manslaughter for the fatal crash. The Monterey County District Attorney’s Office will make that decision once the CHP concludes their investigation.
Luis Molina has a criminal history, including five convictions for driving with a suspended license. He has also been arrested for past reckless driving and burglary.
Chasing another vehicle on the highway, no matter what the reason, is not a smart course of action, Lehman said.
“The best thing to do is be a good witness. What’s most helpful to us is a license plate number, we can do a lot with that,” Lehman said. 911 dispatchers will alert nearby officers so that trained emergency officials can track down and pullover the suspected vehicle safely.
A man and woman died Sunday when they lost control of their Harley-Davidson motorcycle, cut across the 405 freeway, hit a car and were launched head first into a cement wall, California Highway Patrol officials said.
The man, 60, and woman, 57, were wearing full helmets, but the blunt-force trauma was too strong, said Officer Stacey Willits, who was at the scene.
The accident occurred at 11:18 a.m. on the northbound 405 near the Seal Beach Blvd. exit. The two were taken to Long Beach Memorial Hospital with massive head wounds. They were pronounced dead at 12:07 p.m. and 12:25 p.m. Their identities have not been released.
The man was driving, and the woman was his passenger, Willits said.
Witnesses said the pair was driving in the first or second lane of the northbound 405 freeway at about 65 mph when the motorcycle started fish-tailing, Willits said. The bike then made an almost 90-degree turn and cut across the freeway to the sixth (slow) lane. It hit the left-rear corner of a Honda Accord and ejected the riders into a concrete road-construction divider.
The investigation is still open and officers do not yet know what caused the couple to lose control of the motorcycle. Willits asked that anyone who saw the bike lose control call the California Highway Patrol office in Westminster at 714-892-4262.
Law enforcement officers shut down the third through sixth lanes of the freeway for about an hour while CHP investigated the accident.
This accident is a horrible tragedy. I send my prayers and condolences out to the friends and family of the victims of this accident.
Based on the witness reports from this accident regarding the motorcycle’s rear end beginning to fishtail, it is possible that the victims suffered from a rear tire blow out, or a loose and unstable swing arm, or something to that effect. They could have even locked up the rear end braking too heavy. However there is no evidence based on the witness reports that the motorcycle was braking at the time of the accident.
Both victims were wearing full face helmets.
This accident should remind all bikers to check their tire tread and tire pressure before they ride their motorcycles. I am not saying that this is what caused the motorcycle accident, because I do not know, but it may have played a factor.
Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.
I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.
Some of these types of cases are utterly devastating to the victims.
I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.
The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.
If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.
If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.
If they do not reject the claim, you have 2 years to sue from the date of the accident.
If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.
Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.
I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.
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.
*** 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!
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.