Tag Archive: california motorcycle attorney

Happy New Year from the Biker Law Blog

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

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography

As the year 2011 comes to an end, I would like to take this time to wish all readers of the Biker Law Blog a Happy New Year.

For those of you reading this message before the clock strikes midnight, make sure that no matter what you do not drink and drive tonight.

Alcohol is one of the most powerful drugs known to man. Driving after drinking is almost like playing Russian Roulette except that you are putting innocent people at risk along with yourself. Don’t do it.

I hope that all of you have a great New Year along with good health and prosperity in the coming year.

Norman Gregory Fernandez, Esq.

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A Life Changed in an Instant, the anatomy of a Motorcycle Accident

northridge-motorcycle-accident ** December 19, 2011 Update: I regret to inform you that David Landowski the rider of  the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.

The following news was reported today as a short blurb in the press.

Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.

The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.

According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.

Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.

The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.

It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.

For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.

The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.

The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.

Their life is changed in an instant.

I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?

Either way one thing is certain, David Landowski’s life will never be the same again.

The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.

Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.

So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.

There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.

The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © December 17, 2011

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Weekend Warriors

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

It has been estimated that approximately 90% of all motorcycle riders are weekend riders only. That is, they only ride their motorcycles on Saturday or Sunday only.

I am not sure how true this statistic is, because I sure see a lot of guys and gals riding their motorcycles to and from work during the week.

Hell, in some cities like San Francisco, there are hundreds of motorcycles and small scooters parked in downtown during working hours.

If the statistics are true that most people who ride motorcycles are weekend warriors, then that is a troubling statistic for me; here is why. The art of riding a motorcycle is in fact an art. The more you ride your motorcycle, the better you get at being a motorcycle rider.

Experienced riders, who take time away from riding their motorcycles, necessarily take time to become proficient riders again, and the only way to become proficient is to spend time back in the saddle.

Right now it is winter time and many motorcycle riders cannot ride their motorcycles because of the weather. They too will need to take it easy when they get back on their motorcycles when the weather breaks.

Therefore weekend warriors or people that have taken some time away from riding need to take it real easy when they get back on their motorcycles so that they can get used to riding again, even if they have taken 5 days off from riding their motorcycles in between weekends.

Another issue weekend warrior’s face is Sunday drivers; even Saturday drivers are Sunday drivers. What is a Sunday Driver? A Sunday driver is a driver of some kind of cage such as a car, truck, SUV, etc., that rides around on the weekends with their family in the vehicle, distracted by a family outing, and not paying attention for people riding motorcycles.

Therefore weekend warriors more than most motorcycle riders, need to take it real easy on their motorcycles. Do not speed, pay attention for cagers about to turn in front of you, and realize that your riding skills take time to come back after a 5 day absence from riding.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq. © December 11, 2011

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Riding your Motorcycle around Curves and Turns without Killing Yourself

California Biker Lawyer Norman Gregory Fernandez riding around a curve on Mulholland Highway

California Biker Lawyer Norman Gregory Fernandez riding around a curve on Mulholland Highway

Many motorcycle riders are seriously injured and die each year when they fail to negotiate turns or curves, and either end of in the opposing lane of traffic, or they lose control and crash.

It is unbelievable to me just how many experienced riders sometimes fail to properly negotiate turns or curves on the road, especially when riding canyon roads, or twisties.

What is the main reason for motorcycle riders failing to negotiate curves or turns? Excessive speed is the main reason.

If you ride too fast through a curve or turn, chances are you are going to either end up in the opposing lane, or you are going to crash.

What is the main way to avoid crashing on a curve or turn? Slow the hell down!

Many motorcycle safety courses teach that you should slow down before you enter a turn or curve, and never to brake or downshift while in a curve or turn. I say bullshit.

Look I have been legally riding motorcycles on the road for 32 years, since the age of 16. In my own personal experience, sometimes it is hard to judge if you are entering a curve or turn too fast.

If you have entered into a turn or curve too fast on your motorcycle, you need to do anything you can not to panic, not to cross over the yellow line into opposing traffic, and not to crash.

My rule is that if you are in a curve or turn too fast, do what you have to do to safely get through the turn or curve. If that means hitting the brake, do it. If that means downshifting, do it.

I have ridden with guys who absolutely refuse do brake or downshift in a turn or curve. I have also seen these guys both in front of me, and in my rear view mirror cross the yellow line into oncoming traffic. Thank goodness none of them have ever crossed the yellow line when a car was right there or they would have been a windshield bug splat.

They teach you in motorcycle safety courses that before you enter a curve you should direct your motorcycle to the farthest part of the lane away from the turn so that you can theoretically see around the turn more.

For instance if you are going into a left curve they say you should direct your motorcade more to the right so that you can see around the left curve, and if you are going into a right curve you should direct your motorcycle more to the left so you can see around the right curve.

They teach that you should not look at the road, but that you should look around the curve to where you are going and that your motorcycle will tend to go where you are looking.

Some say that you should put your knees close into the tank to help you get around the curve, and some say that you should concentrate on counter-steering to properly get around a curve.

I say they are all right to a certain extent.

However, when you are actually riding your motorcycle, you will find that you will at times have to look at the road and not just where you want to go when going around a curve, you will find that sometimes it is not safe to go to the farthest part of the lane away from a curve because of oncoming cars or debris on the shoulder, and you will find that concentrating just on counter-steering is sometime dangerous.

In the end the safest thing to remember when going around curves is to keep a safe speed period.

The one thing that will make you panic or feel uncomfortable more than anything when going around a curve whether it be on a mountain pass or on a highway curve is excessive speed.

If you first let off of the throttle, you motorcycle will naturally start to slow down because of the action of friction and the engine.

If you are still going to fast don’t be afraid to apply a little front brake, but not too much because you may lose control. I like to apply both front and rear brakes.

If the turn is wet applying too much rear brake may make you slide out.

If you are still going too fast, downshift into a lower gear if you can safely.

If there are cars or other motorcycles behind me, and I am downshifting into a lower gear to slow down, I also try to tap my brake a bit just so the persons behind me can see my break light so they don’t rear end me.

Even with plenty of practice and riding experience, riding through turns and curves requires current practice and experience.

The worst riders are sometimes the people with the most experience because they think they are the great riders so they sometimes do not exercise the caution that they should.

Riding a motorcycle is not like riding a bike. Each time you are out, you need to exercise caution and ride at a safe speed.

Keep both wheels on the road.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © October 19, 2011

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What is up with all these So-Called “Biker Lawyers” all of a Sudden showing up with Booths at All of the Motorcycle Events?

California Motorcycle Accident Attorney Norman Gregory Fernandez

California Motorcycle Attorney Norman Gregory Fernandez, Photo courtesy of the American Bar Association Journal, and photographer David Newhardt

Well with Palm Springs American Heat I have finally had enough with what I think is a disgusting advertising practice by what in my opinion are bottom feeder personal injury lawyers.

In Palm Springs a certain so-called Biker Lawyer group had some scantily clad young girls aggressively coming up to people who were walking by saying that they worked for a lawyer who actually rides, as they tried to force feed passerby’s their business cards, and cheap novelties and trinkets.

I told the girls who came up to me, “Sorry, I am a Biker Lawyer who actually rides.” They kind of had a shocked look on their faces.

You see, I actually ride to many motorcycle events all over the nation. This year was no different.

All of a sudden there are a certain group of the same personal injury lawyers showing up at events calling themselves “Biker Lawyer” and  “Lawyers that ride” at motorcycle events.

To me a Biker Lawyer and a Lawyer that rides, is someone like me who is a lawyer and who also is a biker that rides motorcyles. It is a real simple concept, not some bullshit marketing slogan!

I think that I may have been the first Biker Lawyer to coin that term back in 1997 or so, because I am a lawyer who really rides. Once I started putting it out there on my website and on my blog, all of a sudden I saw other lawyers claiming the same thing.

Well now all of a sudden there are groups of lawyers showing up at motorcycle events all claiming to be “lawyers that really ride.”

It is not that I do not mind competition, hell I think it would be great to find a group of lawyers that actually ride motorcycles, hell I would like to go ride with them and make some new friends.

But what I really think is going on is a marketing gimmick aimed at bikers, and the way I see it, showing up at a motorcycle rally with a booth telling people if they crash their motorcycles, to call them, is disgusting and despicable to me.

In two words it is “Bad Karma.”

At the Las Vegas biker rally a few weeks ago, as we were walking by one of these booths, some guy sitting on his ass in the booth looked at my wife’s hat and said in a smart ass way, “who is the biker lawyer?” (The hat said Biker Lawyer, www.bikerlawyer.net on it) I told him I was. I also told him that I don’t sit at booths at motorcycle rallies; I actually ride to the rallies.

He had a stunned look on his face because I was actually in my biker garb because; yes I was riding, unlike him.

Curious about what it actually takes to be a Biker Lawyer with one of these organizations that has started up in the last couple of years I believe; I contacted one who I think was based in Arizona if I am not mistaken. They sent me a bunch of literature. At the time I contacted them, they had some firm based in San Diego as their only California firm.

In researching them, I saw no indication whatsoever that anyone from the firm listed for California at the time rode motorcycles. Matter of fact, I never even heard of them! Now it could be that someone from that firm actually rode motorcycles, it all seemed fishy to me.

Basically, I was told that if you pay at the time I contacted them, approximately 10k or so yearly fee to the organization I am referring to, you can be a Biker Lawyer with their group.

They would advertise for cases for you, and send you the cases in your territory. Very interesting!

Now the casual person looking at this group would think that it is all the same organization. Well it is not. It is a marketing vehicle that attorneys pay to be a part of.

Nowhere on the application did it ask if you actually ride motorcycles. Further, they hold themselves out to be Lawyers that really ride.

I think this practice is very misleading. I think consumers and bikers should be notified that lawyers pay a fee to be a part of this organization, and I think each of their lawyers should actually ride if they are going to advertise that they are lawyers who ride!

My next question is that most States require you to be licensed in that particular State to practice law in that State. You can apply to represent an individual in Court on a one or two time basis if you are an out of state lawyer, however, you cannot do it all the time.

So I wondered, how do the now 3-5 groups of lawyers that show up at all of the biker rallies, and that advertise in all of the biker rags, actually practice law in all 50 states legally.

The answer is that they cannot. It appears to me that these groups of lawyers that are advertising nationwide either have some kind of fee splitting deal going on with lawyers in the different States so the main lawyer will advertise and get cases for them, and then they will share the attorneys fee with the guy in the State actually doing the case, or they have some kind of marketing scam going on, where the attorney pays a fee like the organization I contacted, and the main attorney will advertise, and then send cases to the lawyers who are paying their franchise fee.

I think this entire practice is misleading, and despicable.

I saw American Chopper last night where even another group that I have never heard of before has popped up. It appears to me to be another marketing setup where they have created a website to target nationwide the “niche” market of motorcycle riders.

After digging deep into their website, it looks like the main law firm sponsoring their “Biker law” marketing campaign is based in Pennsylvania, and they too are claiming that they are lawyers that ride. I have no clue how this site or law firm work, but again, unless they have attorneys licensed in each state, they too must have some kind of fee splitting or franchise type of deal going on.

They do not limit themselves to just one State on their website.

On the TV show, they had a guy who they represented to be an attorney come in and order a custom bike to honor the firefighters or something to that affect. Somewhere it stated that he was the “lead counsel” or “managing counsel” of the biker law end of the firm. What the hell does that mean?

Anyway, at the end of the show there were a bunch of people in t-shirts with the biker law website address on it.

I almost threw up. You got to admit these people are marketing geniuses. They get an hour of TV advertising for what looks to be new operation, and all they had to do is pay (probably overpay) for a custom chopper from Orange County Choppers.

In the end there sits us real bikers. What are we supposed to believe is true?

First, I think that no lawyer should be going to motorcycle events and advertising for motorcycle accident cases. People are at the events to have fun, not to have the fact that they could crash shoved down their throats by a bunch of marketing hacks.

Second, I think that all of these firms should be forced to disclose the truth about their organizations, i.e., whether they are a fee splitting shop, whether lawyers pay them to have cases sent to them, and who in fact is the real biker lawyer in their organization.

I personally know at least two major attorneys in the so-called biker lawyer nationwide marketing scam, and neither of them rides motorcycles. One of them even stated in the Los Angeles Times in an article that he does not ride; because he wants to see his grandkids grow up. The article featured one of their new associates who had just got a Sportser, who had ridden for less than 6 months. (This guy has since left and opened his own bike lawyer shop)

So here I sit a humble real California Biker Lawyer who actually rides motorcycles. I am the friggen real deal. I am not playing some marketing scam on my clients. They know what they are getting when they retain me.

If you are in California and want the real deal call me; 800-816-1529 x.1.

For the rest of you there is a saying; Caveat Emptor, which is Latin for let the buyer beware.

Finally, you can have a say so if you also don’t like these bottom feeders showing up at our motorcycle rallies, simply don’t call them if you have an accident.

With a little research you can find someone like me who actually ride’s and is not part of some marketing operation geared towards bikers!

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

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A Rider and a Passenger Killed During Love Ride

Scene of fatal Love Ride accident on the 5 Freeway.

Scene of fatal Love Ride accident on the 5 Freeway.

PACOIMA CALIFORNIA – Two people died Sunday after crashing their motorcycle into a big rig on the 5 Freeway.

The crash happened on the northbound 5 Freeway at Branford Street before 11 a.m. Sunday at just as bikers were crowding the freeway for the 28th annual Love Ride charity fundraiser.

According to California Highway Patrol officials, the driver of the motorcycle was between lanes when he collided with a big rig, throwing the rider and passenger underneath the truck where they were both run over, instantly killing himself and his female passenger.

“During 28 years of the Love Ride, we have not had a single fatality,” Shokough said. “This is sad beyond words. My heartfelt condolences and sympathies go to the family and the friends of these two riders”

Two others were treated on scene for minor injuries and another was taken to a local hospital for treatment.

Led by “Tonight Show” host Jay Leno, today’s event was expected to draw over 18,000 bikers and raise as much as $1.7 million for charities, including this year’s designated charity, Autism Speaks.

Love Ride was established in 1984 by Harley-Davidson of Glendale.

The only reason Liz and I were not doing this year’s Love Ride is because I am having a surgery on Friday, and I needed the weekend off.

News of this accident makes me sick as it would any biker who rides motorcycles.

Here in California most of us bikers and motorcyclist split lanes because it is not illegal, and traffic is horrible.

It appears that the guy who was killed in this wreck may have been splitting lanes.

I myself have split lanes countless times and I can tell you what, when I get next to a big rig I always get nervous, especially when there is nowhere to go.

I am not going to use this news to write an article on how to lane split.

My prayers and condolences go out to the family and friends of the rider and passenger who were killed in this accident.

Pacoima California Motorcycle Accident Attorney

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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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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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Technical Problem with load times on the Biker Law Blog Corrected.

Software glitch on the Biker Law Blog causing slow load times corrected!

Software glitch on the Biker Law Blog causing slow load times corrected!

I have noticed a marked increase in the length of time it has taken in the past month for the Biker Law Blog to load. I also had a similar problem on the California Personal Injury Lawyer Blog. I am sure that many of you have experienced the same problem and became frustrated.

I know that I may have lost some readers due to how slow it became for the page to load.

I have had my people looking at it to find out what the problem was. We had to disable pieces of the blog one by one to try to find out where the problem was.

It turns out that we had a bit of software that connected to Facebook and that allowed people to click whether they liked an article or not, plus it showed how many people liked an article, etc.

Well that piece of software bogged down the blog so bad that it was taking around 30 seconds for the page to completely load.

I don’t know whether it was the interface to Facebook that was causing the problem, or the software itself. I do know this, the problem is resolved.

We will try to get the functionality of the software we disabled back on the blog as soon as possible.

In the meantime if you want to share or save an article on Facebook or any other social media, simply click on the Share/Save button on the bottom of each article.

I am glad we are back to normal speed again; enjoy.

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

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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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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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Riding with the Right Gear

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

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., Courtesy of the Riverside Press Enterprise Newspaper, and Jennifer Fraley of Sunshine Photography

You have bought a new motorcycle, taken a motorcycle safety course and are ready to hit the open road.

What else can you do to help protect yourself? Wear the right gear – an approved helmet, face or eye protection and protective clothing.

Helmet

Accidents can happen to anyone. According to the Motorcycle Safety Foundation (MSF-USA), one out of every five motorcycle accidents results in head or neck injuries. These injuries can be reduced by wearing an approved helmet. I know they may not look cool, but they can save your life.

There are two primary types of helmets – three-quarters and full face. They provide different levels of coverage. To make sure that you get the most protection from your helmet, make sure that it meets U. S. Department of Transportation and state standards, that it fits snugly all the way around your head, and that it has no obvious defects such as cracks, loose padding or frayed straps.

Whatever type of helmet you chose, be sure to that it fastened securely while riding or it may fly off your head in an accident.

Eye and face protection

When riding, you will be faced with wind, dust, dirt, rain, insects and debris thrown up by other vehicles, you can protect yourself from these by wearing a face shield, googles, or good sunglasses. A plastic shatter-resistant face sheild will also help protect your face in the event of an accident, and goggles will protect your eyes if you’re not wearing a face shield.

To be effective, your eye and face protection must:

  • Be free of scratches
  • Be resistant to penetration
  • Afford a clear view to either side
  • Fasten securely so it will not blow off
  • Allow air to pass through to alleviate fogging
  • Permit enough room for sunglasses or eyeglasses if needed

Protective clothing

The right clothing will help protect you in an accident, as well as providing protection from heat, cold, debris and hot and moving parts of your motorcycle.

Jacket and pants should cover arms and legs completely and fit snugly enough to keep from flapping in the wind. Leather is the best protection but sturdy synthetic materials are a good alternative. Boots or shoes should cover your ankles. Soles should be hard and slip-resistant; tuck laces in so they don’t get caught on your motorcycle. Gloves will give you a better grip and help protect your hands in an accident.

Wear the appropriate clothing for the weather you’ll be experiencing. If you’re too hot or too cold, you may not be able to control your motorcycle as well.

There are plenty of things on the highway that can cause you trouble. Making sure you have the right gear will help
ensure that you have adequate protection should an accident occur.

California Motorcycle Accident Lawyer and Biker Attorney

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Why I like Riding Motorcycles

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

The main reason I like riding motorcycles is the feeling I get when I open my Harley Davidson Electra Glide up on the open road.

To be frank, I enjoy riding virtually any brand, make, or model motorcycle on the open road. I just happen to presently ride an Electra Glide.

There is no real way to describe the feeling I get when I ride my motorcycle, except to say that it is it is basically like meditation, or even psychotherapy.

If I am stressed out, taking my motorcycle out for a ride will calm me down.

As for me, I am a long distance rider. This means that I put 10-20k miles or more on my motorcycle every year.

I know many guys who bar hop or event hop on their motorcycles, some just ride on the weekends; hell that is all right too. Whatever floats your boat if you know what I mean?

I really like the fact that many women are also riding their own motorcycles these days. The more riders the merrier.

All bikers and motorcyclist all basically share the same kind of experience when riding; we feel the wind on our face and body, we know what it feels like to crack the throttle on a powerful machine that we ride on and not in, and we all experience the utter freedom and thrill of riding a motorcycle on the open road. City traffic kind of sucks, but once we get on the open road, it is the ultimate.

No cager or person who does not ride will ever understand the feeling of riding a motorcycle, and what a rush it really is.

Another added benefit of being a biker and a motorcyclist is that most if not all bikers and motorcyclist are amongst the most gracious, giving, and all around cool people you are ever going to meet.

You might see a tough looking guy in leathers with a big beard, a real scary looking dude, and yet the guy will turn out to be the nicest guy you will ever meet.

Most bikers will bend over backwards to help each other in times of need, in a way no biker or motorcyclist will ordinarily ever get to experience.

I kind of feel sorry for people who do not ride motorcycles; they will never know the experience of going to a motorcycle rally and having 1000’s of instant friends.

So there it is. I am grateful to be a biker.

By Biker Lawyer and Motorcycle Accident Attorney Norman Gregory Fernandez, © March 3, 2011

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An Open Challenge to Any California Attorney Advertising That They Handle Motorcycle Accident Cases!

Norman Gregory Fernandez at the 2nd to last official Hollister Motorcycle Rally

Norman Gregory Fernandez at the 2nd to last official Hollister Motorcycle Rally

*** 9/15/10 Update – I have heard from no other attorney in the State of California who advertises that they handle motorcycle accident cases, and who rides. I issued this challenge almost a month ago. I must conclude that there is some false and misleading advertising going on aimed at Bikers by other attorneys who claim that they are “lawyers who ride.”

If you have had a motorcycle accident in the State of California, and you are looking into hiring someone besides myself to handle your case, make sure you check them out. You are now on notice!

***9/2/10 Update – As expected not one California attorney has accepted my challenge to meet me on a motorcycle ride anywhere in the State of California. Stay tuned. I am going to push this issue. There are a whole bunch of shysters out there advertising that they are lawyers who ride trying to get your business in motorcycle accident cases. There must be at least one out there who really rides right?

I challenge any California Attorney who advertises that they handle motorcycle accident cases to join me on a real motorcycle ride. That’s right a real motorcycle ride.

I will meet you anywhere in the State of California for a motorcycle ride, and I will buy you lunch.

If you are in fact a California Attorney who advertises that you handle motorcycle accident cases, and you actually really ride motorcycles like me, I will mention you here on the Biker Law Blog.

The only caveat’s are that you must have had a valid motorcycle endorsement on your California driver’s license before the date of this challenge; if it is your firm, you cannot push out an associate who rides, it must be you; you cannot hire an associate who rides after the challenge; and your advertisements must have existed prior to this challenge.

In other words, you have to actually do and be what you say you are in your advertisements on the date of this challenge.

We get about a million hits per month here on the Biker Law Blog so imagine all of the free advertising you will get simply by proving that you actually ride motorcycles like you advertise that you do.

You see I am flat out sick and tired of seeing all of the false and misleading advertising aimed at bikers and motorcyclist.

There are some firms that advertise in major motorcycle rags claiming that they are attorney’s who really ride or that they are the original attorney’s who ride, bla bla bla.

I say proof talks, bullshit walks, and enough is enough.

You would not hire a dentist to perform knee surgery on you, and you should not be hiring an attorney who does not ride motorcycles to represent you in a motorcycle accident case.

It just does not make sense to hire someone who does not know the first thing about riding motorcycles, or the bias and prejudice we face as bikers and motorcyclist face in the courtroom, to handle your motorcycle accident case.

Don’t sell yourself short by hiring an attorney to handle your motorcycle accident case, simply because they might have a fancy ad proclaiming that they ride motorcycles. Make sure they really ride motorcycles like they say they do!

So there it is; are there are real attorney’s here in California that ride motorcycles, and who advertise that they ride motorcycles, besides me? I would be shocked if there were more than one that I know of!

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

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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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