Category Archives: Personal Injury

Articles related to Personal Injury Law, such as motorcycle accidents, car accidents, other motor vehicle accidents, Premises Liability, slip and fall / trip and fall, excessive use of force, assault and battery, and other torts

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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By Brother went Down Today.

Biker Lawyer Norman Gregory Fernandez, and his Brother Slider on a Motorcycle Run to the Angeles Crest Highway on June 19, 2011

Biker Lawyer Norman Gregory Fernandez, and his Brother Slider on a Motorcycle Run to the Angeles Crest Highway on June 19, 2011

I got a call today from my Brother Slider who went down today on his motorcycle.

It seems that a woman who was not paying attention, decided to make a right turn directly in front of my brother who had no chance to stop or get out of the way. He then laid his bike down and slammed into the car that turned in front of him.

Although I do many motorcycle accident cases every week, this one hit me real hard. Hell, I just rode with Slider and his old lady this past weekend up to Angeles Crest. Slider is my brother, and he is a friend.

As usual, when Slider called me today, he acted cool as if nothing was wrong. He told me about someone who had a motorcycle accident, and asked me if I could help. I said of course brother. He then told me it was him that went down. I could not believe it.

Here my brother is sitting in the E.R. at a major hospital with a broken and torn knee, road rash, and in major pain, and here he is talking as though everything was normal.

You have to know Slider to understand his coolness even while he is in extreme pain.

I went to the ER with a couple of brothers on Thursday evening to see Slider and his old lady. He is in pain, but I think he will live.

I ride with a lot of hardcore bikers, and Slider is no different, however, due to my experience in dealing with these types of cases, I know once Slider gets past the physical issues, he will have to get past the mental issues as well. Most riders that I know who have gone down, end up being much more careful and cautious riders as a result.

God please be with my brother Slider and his old lady and give him a speedy recovery.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © May 24, 2010

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The California Highway Patrol gets ready to Roust Bikers as Angeles Crest Highway Re-Opens Today

Motorcycle Riders about to ride up the Angeles Crest Highway

Motorcycle Riders about to ride up the Angeles Crest Highway

As the California State Department of Transportation is poised Friday to re-open Angeles Crest Highway, a curvy mountain road beloved by bikers, the CHP will step up enforcement.

The Crest’s sweeping turns and steep cliffs demand motorcyclists navigate the road with care and at a controlled speed, and the California Highway Patrol plans to help folks remember this through the Motorcycle Safety Coalitions grant, the agency announced Wednesday. CHP Public Information Officer Ming-Yang Hsu declined to release the amount of the grant.

The grant, which provides enhanced enforcement effort by CHP officers through September 30, will focus on traffic violations made by motorcyclists, as well as other vehicle drivers that can lead to motorcycle collisions, injuries and fatalities, according to a CHP press release.

“Angeles Crest has one of the highest accident rates in the state,” Hsu said, adding the CHP waited to make the grant announcement until Caltrans’ announcement of reopening the road.

According to data from the CHP’s Statewide Integrated Traffic Records System, 164 motorcycle-involved collisions occurred on Route 2 from Starlight Crest Drive to state Route 39 in Los Angeles County between January 1, 2007 and December 31, 2008. Among the collisions, eight were fatal, seven of which were the result of unsafe speed. Of those, speed was the primary collision factor for 98 of the accidents.

Therefore, in an effort to reduce the number of motorcycle-involved fatal and injury collisions along the 38-mile stretch of highway patrolled by the Altadena Area office, the CHP will establish a task force and develop and implement a public awareness campaign by working with local agencies and community members.

Funding for this grant was provided by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Basically what this grant does is give the CHP more money to put more officers on the Angeles Crest to roust motorcyclist and bikers.

You have now been warned, take it easy out there!

California Biker Lawyer

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A Letter from a Friend of Motorcycle Rider Sandy Desoto Who was Killed on Her Motorcycle

Sandy Desoto killed on her Motorcycle by suspected Drunk Driver

Beautiful Sandy Desoto killed on her Motorcycle by suspected Drunk Driver

I received the following letter via the Biker Law Blog contact page from a friend of Sandy Desoto on May 19, 2011. I am going to publish the entire letter below unedited, and then I will comment below.

—–Original Message—–

From: Nobody [mailto:xxxxxxxxxx] On
Behalf Of James R. Brennan

Sent: Thursday, May 19, 2011 7:14 PM

To: xxxxxxxxxx

Subject: From Biker Law Blog; Death of Sandy Desoto, May 7, 2011

From: James R. Brennan <xxxxxxxxxxxxx>

Subject: Death of Sandy Desoto, May 7, 2011

Message Body:

Hello,

I work out on a regular basis as Gold’s Gym Venice.  Sandy Desoto was a regular there as both a personal trainer and to do her own routine.  I was shocked to find out that she’d been killed on her motorcycle by a 74-year old New Jersey tourist making an illegal u-turn, while intoxicated.  I was so interested in how this situation might play out, that I went to the Santa Monica police department and asked for a case number so that i might take it over to the DA’s office at the LAX courthouse in order to follow the courtroom proceedings as they unfolded.  I was again shocked when investigator Detective Dawson told me, in no uncertain terms, that he would NEVER release ANY information about this case:  not the driver of the car, not any of the finding of facts from the investigation, NOT ANYTHING – EVER!  I asked him why this case was considered to be so special that he couldn’t even reveal the name of the driver of the car?  His only response was that the family of Sandy had requested that no information be given out.  I asked him if there was any way that I could force the issue in order to obtain the available information, and he told me that I’d have to obtain a “freedom of information” writ.  This whole business stinks to high heaven and seems to me like some kind of a coverup.  Was there something wrong with Sandy?  Was the driver a high-profile individual that doesn’t want his name spread?  Anyway, I believe that something should be done to pry this information out of the police.  I thought that this kind of thing was a matter of public record.  I would like to get your take on what I’ve said here.  Also, I will make myself available to do whatever’s necessary to bring this case out of the shadows and into the light.  Thank you! Jim
Brennan

This mail is sent via contact form on Biker and Motorcycle Lawyer Blog

It does not take a rocket scientist to see that some kind of cover up is going on here. I think that the public has a right to know why a person was killed on city streets by another person, and why the person who did the killing seems to be protected.

I am going to make my own inquiries, but in the meantime, I would ask all of you to call the Santa Monica Police department and ask them why they are covering up what happened.

California Motorcycle Accident Attorney Norman Gregory Fernandez

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California Highway Patrol Officer Injured in Motorcycle Collision at the 134 and 2 Freeway Junction in Glendale; Maybe the Accident could have been avoided with a Safety Device.

Glendale CHP Motorcycle Accident

Scene of Glendale CHP Motorcycle Accident

A California Highway Patrol officer was hospitalized with major injuries Tuesday afternoon after he was knocked off his motorcycle by another driver during an attempted traffic stop on the 134 Freeway, according to a CHP traffic report.

Officer J.D Fields, 59, an Altadena resident, suffered a broken femur and wrist after the accident, which occurred around 1:40 p.m. near the intersection of the 134 and 2 freeways in Glendale.

Fields had seen a vehicle pulled over on the side of the road and moved into the right lane, put on his lights, and slowed down to approach the car.

A woman driving a 2010 Nissan vehicle was behind him and failed to see him slow down, according to the report. She veered quickly out of the lane and then “for unknown reasons,” moved back into the right lane and hit Fields’ motorcycle, the report states.

Fields was thrown from the motorcycle and onto the road. He was transported to the Huntington Hospital shortly after the accident.

The cause of the collision is still under investigation, according to the report.

This crash brings to mind a safety feature for motorcycles that I think should be implemented; a brake light that triggers with sudden deceleration of a motorcycle.

Let me explain. We, who ride motorcycles, tend to downshift to decrease our speed on most if not all occasions, before we hit the brakes.

If a car traveling fast behind us, does not see brake lights when we downshift to slow down, they do not know we are slowing down, and they rear end us.

I think that is exactly what happened in this rear ender of Officer Fields.

I have been on rides and seen motorcycle on motorcycle rear end collisions due to the same reason.

If there was a sudden decoration device on our motorcycles that triggered the brake light, I think we could save many a biker and motorcyclist lives.

For you inventers out there, maybe you can come up with something. Maybe a device like this should be mandatory for motorcycles.

It would appear that Officer Fields in the accident mentioned above, not only has a Workers Compensation case against the California Highway Patrol, and a separate Personal Injury case against the woman who hit him from behind.

The law in California is that a person driving behind another person, has a duty to maintain a safe distance from the car or motorcycle in front of them, so they can stop in case the vehicle in front of them stops. It appears that the woman is at fault in this case.

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.

By California Motorcycle Accident Attorney, and Biker Lawyer

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Sandy DeSoto a very well-known Personal Trainer in Southern California has been killed by a Suspected Drunk Driver while riding her Motorcycle in Santa Monica.

Sandy Desoto was killed while riding her Motorcycle by a suspected Drunk Driver

Beautiful Sandy Desoto was killed while riding her Motorcycle by a suspected Drunk Driver

Santa Monica – California

Sandy DeSoto, 48, of Marina Del Rey, was fatally injured May 7 and taken off life support Thursday.

Santa Monica police are investigating the accident in which a 74-year-old New Jersey man was booked on suspicion of drunken driving and released pending any charges.

The former Ford model, who worked out of Gold’s Gym in Venice, divided her time between her boat, a house in Palm Springs and a cabin in Big Bear.

A lifelong athlete and avid motorcycle rider, she reportedly was headed toward home after watching a Friday night boxing match when a tourist made an illegal U-turn in front of her, and her southbound BMW GS 1100R struck the side of his car in the 1700 block of Ocean Avenue.

The Minnesota-born beauty, who spoke fluent Spanish and German, spent her early years in Los Angeles, then moved to Guatemala with her parents, where she attended high school and college. She was an Olympic hopeful in track and field but sidelined due to a knee injury, according to a bio on her website.

She is survived by her mother and a brother, both of whom in live in Southern California.

Police stated they may turn their case over to the District Attorney’s Office for consideration of charges next week.

Funeral plans were pending today for a well-known personal trainer fatally injured in a motorcycle accident on Santa Monica’s Ocean Avenue.

What I cannot understand is why the idiot that killed Sandy was released pending any charges. If he was booked for suspicion of drunk driving, why was he not charged with drunk driving murder or at the minimum manslaughter for making an illegal U turn.

I ride my motorcycle almost every day. The way I look at this situation is that it could have been any one of us motorcycle riders who could have been the victim of this fool who made the illegal left turn.

I was riding with some bro’s yesterday, and some idiot who was illegally holding a cell phone to his head almost switched into my lane. Luckily I have a loud mini-beast air horn. When I opened up my Mini Beast the guy jumped. That is why I got the damm thing.

I send my prayers and condolences to the family of Sandy DeSoto; she did not deserve to go out this way.

The chump who killed her needs to have the book thrown at him.

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

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Rancho Cordova California CHP Captain Arrested in Suspected DUI Motorcycle Crash

Scene of CHP Officer DUI Motorcycle Accident

Scene of CHP Officer DUI Motorcycle Accident

PLACERVILLE – California

A captain with the California Highway Patrol has been arrested for suspected drunken driving after crashing his Harley-Davidson motorcycle in El Dorado County.

A CHP accident report obtained indicates that Robert D. Patrick, 47, was arrested late Friday night, and then released for treatment of moderate injuries related to the motorcycle accident, at Sutter Roseville Medical Center.

According to the report, Patrick was riding a 2008 Harley-Davidson Fatboy southbound on Mt. Aukum Road south of Fairplay Road when he failed to negotiate a curve. The motorcycle traveled onto the dirt shoulder and overturned.

The report stated that due to Patrick’s level of injuries, his level of sobriety was undetermined and subject to further investigation. Patrick was released from the hospital Saturday.

Patrick is a 25-year CHP veteran and commander of special operations at the CHP’s Valley Division office in Rancho Cordova, according to CHP Asst. Chief Ken Hill, who is Patrick’s immediate boss.

Hill indicated that the investigating officers gave Patrick no special courtesy because of his position with the CHP.

“I can assure you we handled it the way we would with any citizen. There was no preferential treatment,” Hill said.

Hill said an internal CHP investigation was underway in addition to the criminal case that will be handled by the El Dorado County District Attorney.

Hill said appropriate action would be taken at the conclusion, but that a DUI conviction would not necessarily end Patrick’s career with the CHP.

For the record I do not think anyone should be riding motorcycles after drinking any alcoholic beverage, because it is flat out too dangerous.

I have friends who regularly drink a beer or two and then ride. I always tell them that it is a big mistake. It is better to wait until you are done riding, before you drink.

The case of CHP Officer Robert D. Patrick is a horrendous example of the pot calling the kettle black. I wonder how many people Officer Patrick has busted in his career for drinking and driving.

I am quite sure he also knows how alcohol affects a person’s ability to drive, let alone ride a motorcycle.

Officer Patrick is innocent until proven guilty. However, if he is found guilty of DUI on a motorcycle, his ass should be fired. We do not need officers breaking the laws we hire them to enforce.

You can read a copy of the CHP Report by Clicking Here Now.

California Motorcycle Accident Attorney and Biker Lawyer

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A Truly Disturbing Motorcycle Accident Caught On Video

California Motorcycle Accident Attorney Norman Gregory Fernandez

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

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

My investigator Scott rides just like I do.

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

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

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

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

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

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

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

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Warm Weather Brings out California Motorcyclists Resulting in Multiple Major Motorcycle Accidents

Scene of Crash near Palm Desert

Scene of Crash near Palm Desert

Palm Desert – California

A motorcyclist hit three vehicles Thursday morning in a major crash on Highway 74 south of Palm Desert, stated officers from the California Highway Patrol.

The motorcyclist sideswiped a BMW sport utility vehicle that was headed in the opposite direction, while riding around a curve, said the CHP at the scene.

The motorcycle then collided with a GMC pickup and a Mini Cooper.

The motorcycle and Mini Cooper both caught fire.

The 78-year-old man who was riding the motorcycle, was thrown from his motorcycle and suffered major injuries, He was airlifted to Desert Regional Medical Center in Palm Springs.

No other injuries were reported, officials said. There was no immediate word on any arrests or citations at the scene.

The crash, reported to the highway patrol just before 10 a.m., blocked both sides of the highway, and officials stopped southbound traffic near the southern edge of Palm Desert.

San Mateo – California

A motorcyclist was killed in a crash on northbound U.S. Highway 101 in San Mateo early this morning, a California Highway Patrol officer said.

The motorcyclist was involved in the second of two collisions that occurred within minutes of each other just south of Dore Avenue, CHP Officer Curtis Glace said.

In the first crash, reported at 5:12 a.m., the driver of a silver Toyota Corolla apparently fell asleep at the wheel and veered left, crashing into the center divider, Glace said.

A short time later, a second collision occurred that involved the motorcyclist, a Honda CR-V and possibly a big-rig, Glace said.

The motorcyclist was ejected from his bike and died at the scene, Glace said.

The driver of the Toyota was taken to a hospital as a precaution, he said. No one else was injured.

It is not yet clear how the second accident happened, but Glace said the motorists involved might have lost control while trying to avoid the first crash.

Witnesses told the CHP that a big-rig was involved in the second crash, but that driver did not stop at the scene, Glace said.

“We’re not sure if the big-rig knows they’re involved,” he said.

Fairfield – California

A 24-year-old man died Monday night of injuries he suffered in a motorcycle accident in Fairfield on Saturday, a Sacramento County coroner’s office spokeswoman said this morning.

Cameron Arana, who lived at Travis Air Force Base, died at 11:16 p.m. at the University of California Davis Medical Center, according to Mary Her, a senior office assistant at the coroner’s office.

Arana was speeding north on Peabody Road on his motorcycle when he crashed near Waterworks Lane around 1:10 a.m., Fairfield police Sgt. Kevin Carella said.

He might have been racing a silver Acura before he lost control of his motorcycle and struck a signpost, Carella said. The other vehicle did not stop.

Arana was taken to Vaca Valley Medical Center in Vacaville and then transferred by helicopter to the UC Davis Medical Center, Carella said.

Chula Vista – California

A 63-year-old Chula Vista man died Thursday after he sustained critical injuries in a motorcycle crash in the 8900 block of Campo Road.

The man, who has yet to be identified pending next-of-kin notification, was traveling westbound on Campo Road into Casa de Oro when he struck a Jeep Grand Cherokee that was attempting to turn left into a driveway at 8944 Campo Rd., according to CHP officer Brian Pennings.

Pennings said that the rider applied his breaks and laid down the 2009 Kawasaki Concourse motorcycle on its side before sliding into the right rear tire of the Jeep, which was being driven by Wendy Antisdel, 48, of Spring Valley.

Campo Road was closed in both directions while emergency medical personnel attended to the rider, and law enforcement officers investigated the scene. He was transferred to a local hospital, where he eventually succumbed to his injuries and died.

Antisdel was not injured. There is no evidence at this time that alcohol was a factor in the crash, according to Pennings.

Bakersfield – California

A motorist died Wednesday evening after his motorcycle collided with an SUV.

The person’s name and age had not been released as of Thursday morning.

The SUV was traveling southbound on Sequoia Drive approaching Belle Avenue at 5:18 p.m., according to a California Highway Patrol news release. The motorcycle was traveling at a high rate of speed southbound on Sequoia Drive and was behind the SUV.

The driver of the motorcycle tried to pass the SUV on its left as the SUV began a left turn onto Belle Avenue, the news release said. The motorcycle struck the left side of the SUV and the driver was thrown from the motorcycle.

The motorcyclist was pronounced dead at Kern Medical Center about a half hour after the crash.

I send my heartfelt prayers and condolences to the family and friends of all of the victims in all of the motorcycle accidents that have occurred this week throughout the State of California.

With the warm weather expected this weekend here in California, I know that all of the bikers and motorcyclist will be out riding their motorcycles.

Take it easy everyone, and be careful.

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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Suzuki Recalls 73,426 Motorcycles over Electrical Problem

2008 Suzuki Hayabusa

2008 Suzuki Hayabusa

American Suzuki is recalling 73,426 motorcycles built between July 2007 and September 2009 for an electrical problem.

Some regulator/rectifier assemblies were produced with insufficient adhesion between the power module (circuit board) and the rectifier case that contains a heat sink to dissipate heat. Due to insufficient adhesion, heat generated on the power module circuit board can cause the circuit board to deform and lift off the case. This condition causes excessive heat on the circuit board and uncontrolled electric current output, which can result in insufficient charging current being provided to the motorcycle battery. This can cause discharge of the battery and can lead to engine stalling and/or a no-start condition.

The models were manufactured from July 2007 through September 2009 that are equipped with regulator/rectifier assembles with the following part numbers: 32800-41F11, 32800-15H10, 32800-05H11, 32800-41G10, 32800-15H00, 32800-18H00, 32800-05G10, 32800-10G10, 32800-05H20 or 32800-06G01.

Suzuki is replacing the part free of charge on affected models.

Suzuki will notify owners, and dealers will replace the regulator/rectifier with an improved part for free. The recall is expected to begin on or about March 2.

In the paperwork filed with the National Highway Traffic Safety Administration, Suzuki said it first recognized the issue in 2008, and tried to solve the problem with its parts supplier before issuing a recall. It reopened its investigation last September after receiving more than 180 reports of failure from its American dealers.

The recall affects the following models: 2008-2009 Burgman 400, 2008-2009 V-Storm 1000, 2008-2009 Bandit 1250, 2008-2009 GSX-R600, 2008-2009 GSX-R750, 2008 B-King, 2008-2010 Hayabusa, 2008-2010 GSX650F, 2009 SFV650, 2008-2010 VL800, 2008-2010 VLR1800, 2008-2010 VZ1500.

California Motorcycle Accident Attorney

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What can you do if your Lover gives you a Sexually Transmitted Disease in California?

What do you do if your lover gives you a sexually transmitted diseaseYou met someone you really like, you had sex with them, soon after you discover a lesion or something else wrong on your private parts, you go to a doctor, you find out you now have herpes. (Or worse) What can you do?

Well there are a lot of things that you can do. The purpose of this article is to discuss the legal remedies available to you if someone knowingly or negligently gives you a sexually transmitted disease. This body of law is called “Sexual Torts.”

Before I get started with this article, let me lay a foundation; first some sexually transmitted diseases are fatal, such as HIV, and Class C Hepatitis. Others such as Syphilis can be fatal if left untreated.

In California it is a felony punishable in California State Prison, for someone who is HIV positive to willfully expose another person to HIV through unprotected sex.

Many other States have similar laws.

Prosecutors  have also prosecuted people who knowingly had unprotected sex when they knew they had HIV or Hepatitis with crimes such as criminal negligence, attempted murder, battery, etc.

If any of you out there know you have HIV or Hepatitis, you should consult with an attorney in your State before you go around having sex with someone, even if you disclose the fact that you are infected or have the disease to that person.

California’s willful exposure law basically means that even with disclosure to your partner, you are still required to use protection.

California does not want you passing your disease to other people. Most other States are the same. It is a public health issue, not a privacy issue!

Now getting back to the gist of this article; what can a person do if they are infected with an STD by another person?

In a nutshell, you can report the conduct to the police, district attorney, or health department, and you can sue them for monetary damages, and potentially punitive damages for a Sexual Tort in civil court.

I deal with civil remedies.

There are two standard civil common law causes of action that normally apply to sex torts cases, battery, and negligence.

Battery would be alleged if the person who infected you actually knew they had an STD and failed to disclose it to you.

Negligence would be used if the person who infected you should have known they had an STD.

Fraud can also be alleged if the person who infected you lied to you about actually having an STD.

There have been a couple of multi-million dollar cases involving a person who was infected with an STD by another person.

In the case of deceased movie star Rock Hudson’s same sex partner, he sued because Rock Hudson had sex with him while infected with HIV and failed to disclose it. The same sex partner won a seven figure judgment, without even proving that he got infected with HIV.

In another case, a middle aged woman was infected with genital herpes by her elderly lover. He never denied having herpes, but claimed he told her. She won a seven figure judgment in that case.

There are many problems prosecuting sexual tort cases in civil court. One of the big problems is a lawsuit is only as good as the person you are suing.

If a defendant has little or no money, it can be real difficult or impossible to actually collect a judgment. Most attorney’s including myself, will not take such a case on contingency unless there is a substantial likelihood of collecting a judgment.

Look what happened in the O.J. Simpson civil wrongful death case. The families of the decedents got a 50 million dollar civil judgment against O.J. Simpson, but were only able to collect thousands on the Judgment.

What good is a judgment unless you can collect the money on it?

Unless you get a civil judgment for battery, fraud, or another type of intentional tort, the judgment can be set aside in bankruptcy court if the defendant goes bankrupt.

There is also the statute of limitations issue. In California you have two years to file suit for battery or negligence from the time you knew or should have known, that your lover gave you an STD.

I am always willing to give free consultations to victims in these types of cases to determine if a civil lawsuit is feasible.

On a human level, I suggest that all persons get tested for STD’s before engaging in sexual conduct.

If you are a person who has an STD, you should have your partner sign a written disclosure and release before engaging in sexual conduct. As discussed above, if you have HIV, you may still not be protected.

I have seen people more protective of their cars and property than their own bodies.

You must realize that there are people out there infected with some nasty diseases. Some of them have no problem having sex with you without disclosing their diseases.

There are legal remedies available to you.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © February 16, 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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Biker Attorney “Jeff H.” A.K.A. Jeff in Korea was in a bad motorcycle accident.

 
 
 

An X-Ray showing Jeff's right arm fracture

An X-Ray showing Jeff's right arm fracture

There is a biker attorney named Jeff H. in Korea that has become a long distance pen pal of sorts with me.

Over the years since I started the Biker Law Blog, he has shared comments, exchanged emails, and such.

Jeff lives, works, and rides, in the nation of Korea, and yes he is a real biker lawyer like me.

A couple of days ago Jeff informed me that he was in a motorcycle accident, and sent me the following letter through the blog describing his accident.

He states that “even biker lawyers can go down once in a while. Be Careful.”

I suggest that all of you read this letter carefully. Maybe it will save your live. It is not often that you get a firsthand account of an accident such as this, written by a fellow attorney.

Jeff I wish you Godspeed on your recovery.

Below is the actual letter sent to me by Jeff in Korea:

Okay. Some of you have no idea what happened to me. Others know basically what happened to me. I think only a few of you know exactly what happened to me. Now that I have this nifty software that allows me to speak into a microphone and watch the words magically appear on the computer screen, I can sit back, rest my arms, and tell you all what happened.

Early in the afternoon of October 30, 2010, my friend Jeremy and I were riding our motorcycles to lunch. After a delicious lunch at the Seamen’s Club, Jeremy headed home, and I took off by myself to go take care of some other business. Just before 1 PM, I was riding along a four-lane highway with two lanes going in each direction. I like to take this particular road because it’s not well traveled by other vehicles, so there’s not much traffic to worry about.

I was southbound on the inside lane nearest to the double yellow lines, and another car was approaching northbound from the opposite direction on the inside lane nearest the double yellow line. Suddenly, and without any warning whatsoever, a large delivery truck that was sitting on the right shoulder of the road completely outside of the traffic lanes began to make an illegal U-turn directly in front of me in an effort to proceed in the northbound lane. However, due to the other car that was traveling opposite me in the northbound lane, the delivery truck could not complete the illegal U-turn and he had to stop his truck directly in front of me, blocking both southbound lanes.

He pulled out and stopped in front of me so quickly that I didn’t have time or space to maneuver around the truck. So, I slammed on my brakes, locked my wheels, honked my horn, cursed as loudly as possible, and prayed for the best. Unfortunately, it was not my lucky day. At some point in the space of what I estimate to be about 2 seconds between the time that he began to pull out in front of me and the time that I slammed broadside into the side of his truck, I realized that there was no way I was going to be able to stop.

I had no time to take any other evasive maneuvers or safety measures, such as laying the bike down or doing anything else. I T-boned the truck. I hit broadside. Hard. Very, very hard.

I don’t remember actually hitting the truck. I remember getting very, very close to it, and I remember bouncing off the truck. The next thing I remember was lying on my back in the middle of the road. So, I remember approaching the truck, bouncing off the truck, and laying in the road. The actual impact and landing in the road are gone from my memory.

The driver got out of his truck, and immediately started calling for an ambulance, the police, his company, his insurance company, and anyone else he could reach. I remember mumbling something to him like, “why? Why couldn’t you wait 3 seconds to make that turn?”

It took a few minutes for the police to arrive. While waiting, I had one of the most incredible sensations of my entire life. I knew that my right arm was badly broken because I could distinctly feel that my right hand was laying flat on the road up to my elbow, but my shoulder felt like my arm was pointing straight up in the air. I tried to flex my fingers, but my fingers didn’t move. It still felt like I was pointing toward the sky, but my hand remained flat on the road. It was really a very weird sensation. Also, my left wrist hurt and I couldn’t move my fingers on my left hand, so I knew that my left hand was broken somewhere as well. I knew that both of my arms hurt like hell, but because of the adrenaline or some other reason, the pain wasn’t nearly as bad as it probably should have been.

When the police and the ambulance arrived, the first thing they did, which is something that is standard in every Korean vehicle accident, was to paint the outline of the truck. They spray painted the outline of my bike where it was, and I remember them mucking around and spray painting the outline of my body. It was sort of like a crime scene body outline like you see on TV.

The next thing was the ambulance driver, the EMT, and the policeman wondering how to get big old me onto the gurney and into the back of the ambulance. Eventually, and with no small amount of jostling my broken arms, they managed to get me on to the very narrow gurney and into the back of the ambulance. Now, at this point, it must be understood that Korean ambulances are not like ambulances in America. Ambulances are not these big, huge, spacious, fully equipped mobile trauma centers. Korean ambulances are more like old Volkswagen minivans. They’re very narrow, very old, and in generally very poor condition.

It was my intention to go to Pusan National University Hospital, which is approximately 20 min. away from the accident site in normal traffic. However, due to the fact that the ambulance I was in had no suspension whatsoever, I felt every bump, every pothole, every rock, every cigarette butt, and every gust of air. This made me extremely uncomfortable. Because of this discomfort, I had no choice but to ask the ambulance driver to take me to a closer hospital. The closest hospital was Haedong Hospital.

A quick back story for those who don’t know: Almost exactly 4 years ago, I was involved in another motorcycle accident that left me with a shattered femur in my right thigh. I was treated for that accident at Haedong Hospital. They put a titanium plate and 15 screws in my right thigh. After five weeks in the hospital, I was released. Six days after my release, the titanium plate broke. I had to return to Haedong Hospital, where they opened up my thigh removed the broken plate, did various surgical procedures, and replaced the broken plate with a longer, wider thicker titanium plate. I had my theories as to why the titanium plate broke, and the filed a malpractice lawsuit against the hospital and the doctor that performed the surgery. After lengthy negotiations, we reached a settlement that I was slightly less than happy with, but I could live with it.

Fast forward back to the date of this current accident. I arrived in Haedong Hospital, and was wheeled into the emergency room. The emergency room physician confirmed that I had a broken arm above the elbow on my right arm and my left wrist was broken. I finally had a chance to look at my left wrist and knew immediately what had happened because I had suffered nearly exactly the same break when I was in junior high school. I knew exactly how it felt and looked. The doctor confirmed that I had suffered a compression fracture on my wrist, which basically meant that I had completely destroyed my wrist joint and the two bones in my forearm had pushed up and past the bones in my wrist, so my wrist was actually below the two bones on my arm.

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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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