Category Archives: Passenger Injuries

Articles related to motorcycle passenger injury or injuries in a motorcycle accident case, or other motor vehicle passenger injury or injuries in another type of vehicle

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

California Motorcycle Accident Attorney Norman Gregory Fernandez

California Motorcycle Accident Attorney Norman Gregory Fernandez

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If you or your family have been the victim of a motorcycle crash, truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.

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

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What do you have to watch out for the Most when Riding a Motorcycle?

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

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

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.

Keep both wheels on the road!

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © August 28, 2011

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California Highway 101 Fatal Crash – Driver Was Chasing His Stolen Motorcycle

Scene of tragic Salinas, California Accident

Scene of tragic Salinas, California Accident

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.

Salinas California Car Accident Lawyer and Motorcycle Accident Attorney Website

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A Rider and Passenger Die in Motorcycle Accident on the 405 Freeway in Seal Beach, California

Biker Law Blog NewsSEAL BEACH – California

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.

California Motorcycle Accident Attorney, and Biker Lawyer

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When a Bad Road Causes a Car or Motorcycle Accident in California.

Dangerous and Defective Roads Kill and Injure Many People Each Year

Dangerous and Defective Roads Kill and Injure Many People Each Year

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.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © March 9, 2011

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

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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A Horrible Crash in Ocotillo Wells, California, Kills 5, including 4 Members of the Saddle Tramps Motorcycle Club

Scene of accident that killed 4 members of the Saddle tramps MC

Scene of accident that killed 4 members of the Saddle tramps MC

*** 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.

November 15, 2010 Update: Click here to read a detailed story about the accident on Yahoo News.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © October 14, 2010

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You Should Always Keep an Emergency Information Form in Your Wallet at All Times (I.C.E. Card)

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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:

  • Children
  • Elderly persons
  • Motorcycle Riders
  • 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.

To go my law firm Emergency Information Form Click Here now. You may fill in the form on your computer, and then click the print button to print the 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!

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

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

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

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

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

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

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

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

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

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

Always select someone based upon your own research.

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

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

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

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

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

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

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

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

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

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

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

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

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

Well I am talking about it.

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

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

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

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

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

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

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

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

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

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

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

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

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

This girl ruined his life.

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

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

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

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

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

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

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

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

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

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

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

This is just common sense.

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

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Motorcycle Riders Beware; The Bad Economy Can Kill You.

Potholes in street are a bikers worst nightmare

Potholes in street are a bikers worst nightmare

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.

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

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8 People are Killed at an Off-Road Racing Event in Lucerne Valley; What are the Legal Ramifications?

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.

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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.

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

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Are There Any Real Biker Lawyers out there Beside Myself?

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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.

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

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Beware of Accident Scammers and Con Artist; Don’t get Screwed out of a Recovery.

Watch out for accident scammers and con artist.You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.

You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.

You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.

You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.

They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.

You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.

You find out later that you have $3,000 damage to the back of your car.

What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.

Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.

The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.

The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.

If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.

Make sure that you note the model and make of their car along with the license plate information.

The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.

If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .

By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009

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Motorcycle Crash northeast of Bakersfield leaves the Motorcycle Passenger Dead

Bakersfield fatal motorcycle accident Christmas 2009A suspected dui-related motorcycle crash northeast of Bakersfield has killed one person on this Christmas 2009.

The Highway Patrol says the person killed was a passenger on the motorcycle, and was airlifted to Kern Medical Center. However, that person did not survive the injuries from the motorcycle accident.

It happened just after 4:30 p-m on Granite Road at Round Mountain Road. Investigators say the driver of the motorcycle was heading east on Granite Road and lost control. Both the driver and the passenger were thrown from the bike. The driver of the motorcycle hit a fence, the passenger hit a pole. “The passenger sustained fatal injuries and the driver sustained moderate injuries. In the early stages of the investigation it appears that alcohol is related,” said Sgt. Jeff Crosswhite, California Highway Patrol.

The Highway Patrol says both were wearing helmets. The driver was also taken to Kern Medical Center with moderate injuries. Officers say the driver may have felony dui as well as manslaughter charges.

This is a horrible accident that did not have to happen. I will say this very clearly; IF YOU HAVE HAD ALCOHOL DO NOT RIDE A MOTORCYCLE PERIOD. IF YOU ARE A PASSENGER, DO NOT GET ON A MOTORCYCLE WITH A RIDER WHO HAS BEEN DRINKING PERIOD.

Alcohol and motorcycles flat out do not mix. Hell you need to be on your game sober to ride safely. Can you imagine how dangerous it is to ride after drinking?

If you or a family member have been the victim of a motorcycle accident, or you were a passenger injured in a motorcycle, or you have had a family member killed in an accident call my law firm ASAP for a free consultation at 800-816-1529 x. 1 or check out my website at http://www.bikerlawyer.net .

By Bakersfield Motorcycle Accident Attorney and Lawyer Norman Gregory Fernandez, 2009

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If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome, my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer. Click on the About Me Tab on Top to find out more about me

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