Tag Archive: Announcements

Basic Motorcycle Laws By State

Norman Gregory Fernandez, Esq.If many of you like me, like to ride your motorcycle in different states, you would be surprised at the differences in the various laws of each state when it comes to riding your motorcycle.

Obviously, you should at least know the basic laws pertaining to riding your motorcycle in your home state.

The American Motorcyclist Association (AMA) has on their website, a simple method by which you can find out the various laws pertaining to riding your motorcycle in the various states.

Please note that the link I am about to provide only provides the basics with respect to the motorcycle laws of each state. As you probably already know, the laws are much more complicated than the simple charts provided on the AMA website; however, it is a good reference chart, and starting point to find out the basic laws of each state.

I highly recommend that if you plan on riding out of state to check out the chart. For instance in California lane splitting is legal. I found out the hard way that in Nevada it is not.

To check out the AMA website, index of motorcycle laws for each state, click here now.

If you have any doubt as to the accuracy of the chart, you should always consult with an attorney.

By Norman Gregory Fernandez, ESQ. , Copyright 2006

Share

Billy Lane, a Tragedy.

Billy LaneMany of you probably already know that Custom Motorcycle Builder Billy Lane was involved in a motorcycle accident which claimed the life of Gerry V. Morelock, a 56 year old man who was just out riding his “Street Legal” Yamaha Scooter. It has been alleged that Billy Lane, while driving his custom-painted black Dodge Ram pickup on a suspended license, crossed over a double yellow line and slammmed head-on into Morelock who was just out for a ride, killing him instantly.

After toxicology reports came back showing the Billy Lane had a B.A.C. (blood alocohol content) of 0.192, more than twice the legal limit in Florida, Billy Lane was arrested and accused of drunk driving manslaughter in the death of the other biker. If convicted Billy Lane faces 15 years in prison.

You may wonder why I titled this editorial “Billy Lane, a Tragedy,” and not “Gerry V. Morelock” a tragedy.” The reason I titiled the editorial the way I did is because no one knows who Gerry V. Morelock is, whereas most bikers know who Billy Lane is.

By all accounts Gerry V. Morelock was a great guy, with a great family, and was just out for a ride on his Yamaha Scooter. He did not deserve to die the way he did. His death is a tragedy.

As a lawyer, I am not going to write an editorial about Billy Lane’s guilt. He is innocent until proven guilty in a Court of Law. If he is found guilty then all bet’s are off.

The irony of this story is that one biker killed another biker. I have read in places that Gerry V. Morelock was only riding a Street Legal Scooter, so that does not qualify him as a Biker; WRONG. He was riding on two wheels just like the rest of us. He did not deserve to die that day, he did nothing wrong. Gerry V. Morelock is and was a Biker and deserves the respect and sympathy of the rest of the Biker Community.

Billy Lane was a cager the day he caused the death of Gerry V. Morelock. He was a cager who is accused of drunk driving manslaughter, but also driving with a suspended license and other crimes.

We will have to wait for the Court System to pass judgment on Billy Lane. We all know how the biker community will treat Billy Lane, even if he is not found guilty. We do not like people who kill our own, even if he is one of our own.

Gerry V. MorelockSo what is the editorial really about? It is about, Gerry V. Morelock, a Tragedy. He was a good and decent man, who was cut down due to no fault of his own, by a negligent cager who also happened to be a biker. He did not even have a chance.

The next time one of you wants to get drunk and put the keys into your car or motorcycle remember one thing; is your life really worth it? Is the life of another really worth it? Would not it be better to take a cab, get a ride from a friend, or even sleeping it off on the sidewalk be better than potentially killing another, and losing your own life and career over it?

Being a Biker Lawyer I get regular reports of Motorcycle Accidents and Motorcycle related injuires and deaths from all over the country. If just makes me sick to my stomach. Most people do not realize the carnage that is occuring to Bikers and Motorcyclist from all over country on a daily basis. It is not pretty. If you are a biker or a non biker; the next time you are riding in your cage, why don’t you take a couple of seconds and remember, the guy or gal on that motorcycle is a human being just like you.

Go in peace Gerry V. Morelock, and may god rest your soul. We in the biker community remember you. Although you were riding a Yamaha Scooter, you were a true biker!

By Norman Gregory Fernandez, Esq. , Copyright 2006

Share

Motorcycle Insurance, Comprehensive and Collision Coverage

Norman Gregory Fernandez, Esq.Comprehensive and Collision coverage on your motorcycle will cover the damage to your motorcycle if you are in an accident that is your fault up to the “Fair Market Value,” of your vehicle. It will also cover your vehicle up to Fair Market Value if it is stolen.

Some Comprehensive and Collision coverage’s will cover damage to your motorcycle even if the accident was not your fault.

If the cost of repairing your vehicle exceeds the Fair Markey Value of your vehicle, than the insurance company will consider your motorcycle to be a “total loss,” and only pay you Fair Market Value for your motorcycle.

Now what is Fair Market Value? Fair Market Value is the amount of money that your vehicle is actually worth on the street. Many people confuse this issue. You may have paid $20,000.00 for your motorcycle, and you may owe $15,000.00 on you motorcycle, however, once you drive the motorcycle or vehicle off of the dealers lot, it automatically decreases in value. Although you have paid the above amount for your motorcycle, and you may owe the above amount for your motorcycle, the Fair Market Value of you motorcycle may only be $10,000.00!

Insurance companies value your motorcycle on many factors which include but are not limited to: Year, Make, Model, Mileage, Condition, what identical or similar motorcycles are selling for in your area, etc.

Many times people find out the hard way when their motorcycle is totaled or the repair cost exceed the Fair Market Value of the motorcycle, that the amount you receive from the insurance company is way below the amount owed on the motorcycle. In today’s market where new motorcycle average $19,000.00 or more this situation is not uncommon, especially when the cost of repairing simple fender and paint damage may exceed $5,000.00.

I recommend that you always purchase Comprehensive and Collision Insurance. Without this type of coverage, you will get nothing for your property damage if the accident is your fault, and/or you will be at the mercy of the other drivers insurance company if you are not at fault. Check with your insurance company and read your policy for any limitations of coverage.

By Norman Gregory Fernandez, Esq. , Copyright 2006

Share

Caveat Emptor “Let the Buyer Beware.” Picking a lawyer to handle your motorcycle accident case.

Norman Gregory Fernandez, Esq.I just gave a free consultation to a biker who was seriously injured in a motorcycle accident. He suffered severe injuries in his motorcycle accident and his life has been permanently altered.

This biker told me that he already has a lawyer but is not satisfied with the service the lawyer is providing to him in his case. Further, I was told that this lawyer advertises himself to be a motorcycle accident “specialist.” He also told me that this guy seemed to have no clue about riding motorcycles. He felt like he was getting the runaround.

You have probably heard the term Caveat Emptor which is a Latin term meaning “let the buyer beware.” Caveat Emptor rings true when you are selecting a lawyer to handle your motorcycle accident case.

California State Bar Rules of Professional Conduct 1-400(D)(6) states that: No attorney may state that a member is a “certified specialist” unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

Currently the State Bar does not certify Personal Injury or Motorcycle Accident’s as a specialty.

What this means in plain language is that beware of any lawyer that is running around holding him or herself out to be a “certified personal injury or motorcycle accident specialist,” because it is flat out unethical for them to do so, and is a blatant violation of the California Rules of Professional Conduct. You can always check with the State Bar to see if a lawyer is a “certified specialist.”

Share

Special Problems Related to Motorcycle Accidents.

california motorcycle accident attorney and biker lawyer Norman Gregory Fernandez, Esq.I have been a long time rider of motorcycles, and as such have intimate knowledge of the special issues and problems related to Motorcycle Accident cases. I understand from a “riders” point of view how motorcycle accidents normally happen and the catastrophic injuries that can result from motorcycle accidents.

Most motorcycle accidents occur for two reasons; cagers (people driving in cars, also known as cagers to the riders of motorcycles.) either fail to see the motorcyclist before the accident, or demonstrate a reckless indifference towards the right of a motorcyclist to share the same road as their car for whatever reason.

Most motorcycle accidents occur at intersections on city streets. It’s usually the same old scenario, a car or other vehicle makes a left hand turn in front of the motorcyclist who has the right of way, causing the motorcyclist to either: (1)”lay it down” if he or she has time; (2) Violently swerve to avoid the impending collusion, usually resulting in the motorcycle striking another object; and/or (3)The motorcycle slams into the vehicle throwing the ride into the air.

There are many other motorcycle accident scenarios which will not be discussed here, but with which we (and you as well) are intimately familiar.

The Cager usually uses the same old excuse; I did not see it. In some instances it has been reported to us that Cagers seemed to have purposefully swerved into or ran a motorcycle off the road for whatever reason. In the instance of this type of conduct, we would consider the case to be an intentional act and seek punitive damages from the cager.

In California, lane splitting is legal. Many accidents occur when cagers change lanes right into a motorcyclist, while the motorcycle is splitting lanes. Sometimes cagers will actually swerve over to cut off the motorcyclist who is splitting lanes just because they are angry that they have to wait in traffic or for whatever other reason.

Pursuant to California Law, Motorcyclist have the same rights to use public roads, as other motor vehicles. The excuses that we have heard used as defenses to cagers hitting or cutting off motorcyclist just do not cut it. “I did not see him,” is no excuse. Each motorist on the road has a duty of due care to watch out for their fellow motorist.

When you are selecting a lawyer for your Motorcycle Accident Case, ask him one simple question; Do You Ride?

It is very important to select a lawyer that actually knows from a riders point of view how motorcycle accidents happen. I do not ever suggest retaining a lawyer for your motorcycle accident case just because you see a fancy ad in a magazine. That does not mean squat. What matters is retaining a lawyer who rides and who has the knowledge to get you through your case.

You may contact me through my website if you have had a motorcycle accident in California by clicking here.

Keep Both Wheels on the road!

Norman Gregory Fernandez, Esq. copyright 2006

Share
Share


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

I created this site to provide information to the motorcycle and biker community, as well as general California Personal Injury, and Family Law Information to all.

On BikerLawBlog.com you will find Biker and Motorcycle Legal Articles, News, Links, Safety Tips, Personal Injury, Family Law, and more.

If you wish to contact me or submit articles, you may do so by clicking on the Contact Us button above, or by clicking here now