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BEWARE; You take your life in your hands at most California Indian Casinos

indian casino personal injury problems

Taking your life in your hands at California Indian Casinos

As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.

If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.

Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.

Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.

The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.

Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.

Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.

I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.

I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.

Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?

Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.

What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.

I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.

I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © May 18, 2012

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An Epidemic of Stupidity

dont be stupidI have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.

Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.

Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.

The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.

Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.

I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.

Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.

I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.

Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the $2,000 the insurance company is going to give me.

They don’t realize that their case might in fact be worth $25,000 to $50,000, and even on the low end, they would have got two thirds of $25,000 or $16,675 with an attorney, as opposed to the $2,000 they got sucked into accepting by the insurance company.

One of my sayings is that it is better to get two thirds of something instead of all of nothing.

To me this is plain stupidity, and there is a lot of it out there lately.

It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.

The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.

Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.

Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://www.therpersonalinjury.com

California Personal Injury Attorney Website

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Introducing our new California Accident App

 California Accident App Icon

California Accident App Icon

The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.

Best of all it is FREE for all users worldwide.

Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.

We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.

Here is a description of the California Accident App™ right from iTunes and Google:

Why download the California Accident App™?

The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.

Here are some screen shots, click on each image to see a bigger image:

California Accident App Screen Shot 1

California Accident App screen shot 2

 

 

 

 

 

 

 

 

 

 

California Accident App™ features:

- Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
- Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
- Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
- Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
- Emergency Services Locator.

Here are the QR Codes to help you find our California Accident App easier:

QR code for the California Accident App on iTunes for Apple Products

QR code for the California Accident App on iTunes for Apple Products

 

 

 

 

 

 

 

 

QR code for the California Accident App on the Google Android Play market for Android devices

QR code for the California Accident App on the Google Android Play market for Android devices

 

Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it.

By California Accident App™ Developer, California Personal Injury Law Firm, The Law Offices of Norman Gregory Fernandez & Associates

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Make Sure you Notify the Department of Motor Vehicles if You Sell or Give Away your Car, Motorcycle, or other Motor Vehicle or You could Los Big Time

California Pink slip and tear off change of ownership form sample

California Pink slip and tear off change of ownership form sample

A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;

A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.

I literally get at least 5 calls a week with this exact same scenario.

In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.

I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.

What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.

The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.

This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.

Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.

If for some reason you lost the sheet that is attached to the Pink Slip, the DMV has an online system that is available here, to notify them of the change in ownership.

Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.

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

By California Personal Injury Attorney Norman Gregory Fernandez, © April 25, 2012

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Techniques and Tips for New and Experienced Motorcycle Passengers

California Biker Lawyer and Motorcycle Attorney Norman Gregory Fernandez North of the Golden Gate Bridge

California Biker Lawyer and Motorcycle Attorney Norman Gregory Fernandez North of the Golden Gate Bridge

Riding on a motorcycle with a friend is one of the most fun things you can do. It could be a much more enjoyable experience if the passenger understands and follows quick and easy rules. To become the kind of passenger riders wish to ride with, try to remember the advice given below:

Wear clothing that will give you some protection in the unlikely event of crash or accident. At the minimum, you should wear the following to safeguard yourself:

Footwear that protects your feet and your ankles (hiking boots are excellent).

Durable pants–leather is most beneficial; if you don’t have or cannot get leather, you will need to get by with jeans, work pants, or something like that. An abrasion resistant jacket that zips or buttons in close proximity to the neck (again, leather is advisable should you have it; a nylon flight jacket or parka are satisfactory, and a Levis-type jacket will do in a pinch).

Durable gloves.

Eye protection–ideally, the helmet you borrow or own needs to have a face shield for comfort in addition to eye and face protection. If it does not, goggles are excellent, and glasses (dark or prescription) will do.

It’s also wise to make an effort to dress appropriately for any weather.

If you have not ridden as a motorcycle passenger very much, you probably do not realize how hot or how cold it can be on a motorcycle ride. If it is hot, it will feel a lot hotter when you are riding; when it is cold, it will feel a lot colder when you are riding. Ask the rider for assistance or tips on dressing for any anticipated weather conditions. When choosing comfortable attire, try not to compromise your minimum level of protection as described above.

On hot sunny days, one trick would be to wear an extra-large white shirt over your jacket. It’s going to reflect a great deal of heat and help keep you cool. (This is not one of my tips, but it is recommended by other riders) In general, it really is easier to dress safely and comfortably for just a cool day compared to a hot one. Lastly, don’t wear anything loose and floppy (like a long scarf or bell bottom pants) which could get caught in the rear wheel, sprockets, drive chain or belt, or any other moving area of the motorcycle. You could injure yourself, and might cause an accident.

Wear a securely fastened helmet which fits properly. Most riders have extra helmets and will also be glad to loan you one.

A helmet should be a snug fit; it shouldn’t be possible to twist it around on your head. The strap should be pulled as tight as you can get it without choking yourself out. You can try for fit, and also to find out if the strap is tight, by holding the chin bar of your full face helmet, or the side edge of an open face helmet, directly over your forehead, and attempt to pull the helmet backwards off top of your head. In the event the helmet ends up on the back of your head, tighten the strap or get a helmet which fits.

Under no circumstances should you ride with a helmet that will slip easily over your head with the strap on. The rider can instruct you on the best way to put on your helmet properly. If you ride often, you will eventually want to buy your own personal helmet. Just about any motorcycle shop will help you choose a suitable helmet which fits you correctly.

Before you decide to attempt to get onto the motorcycle, make sure that the passenger foot pegs are down. (They fold when not being used, and it is easy for the rider to forget to put them down for you.) If you do not know where the foot pegs are, have the rider point them out to you.

Also, beware of the exhaust pipes. Make sure you know where they are, and do not let your leg or any area of your body touch them when you get on or off of the motorcycle. They can and will give you a severe burn all the way through the heaviest pants if you touch them with your legs or another part of your body.

It is actually customary to get on or off the motorcycle from the left side. Always wait for the rider to inform you its okay to mount or dismount. Should you begin to clamber on (or off) when the rider does not expect it, the sudden motion of the motorcycle can and may be disconcerting to the rider. You might even pull the motorcycle over.

The best way to get on a motorcycle and the method almost all passengers should use is to extend your right leg over the rider’s portion of the seat, and then slide gently up onto the passenger part of the seat. Put your feet on the foot pegs and that’s it.

If you aren’t able to do that because you are a small person or perhaps a child, this method may work: put your left foot on the left passenger foot peg, lean your whole body all the way over the motorcycle, and gently step-up until you can swing your right leg over the seat and ease yourself down. You need to keep yourself low and lean over the center of the motorcycle as much as possible when you jump on, to help the rider keep the motorcycle balanced. The extra weight of your body, if it’s too far out of line with the weight of the motorcycle, could pull the bike over.

A person reasonably in close proximity to a normal size (man or woman) should never need to use this method to mount a motorcycle, and a heavy person should not attempt it under any circumstances.

It’s all a matter of balance; the rider may not be sufficiently strong enough to hold a large motorcycle upright should you cause it to get out of balance.

To dismount, just reverse the process you utilized to jump on. After some practice, getting on and off will become second nature.

Once you are on the motorcycle, plant your feet on the passenger foot pegs and keep them there under all circumstances. You do not want to bring your foot into contact with the ground, rear wheel, drive chain, belt, or the hot muffler.

Never make an attempt to assist the rider to hold the bike upright when it’s stopped by putting your foot down. Keep the feet safe by keeping them on the foot pegs at all times.

Place your hands on the rider’s hips. This is the best way to keep hold of the rider, and it keeps you in touch with the rider’s movements. Keep your weight centered over the motorcycle. Try not to move around any more than is necessary, particularly when the motorcycle is stopped, because it affects the balance of the motorcycle.

Motorcycles turn by leaning (banking like an airplane), not by steering like a car. So don’t be alarmed when the motorcycle leans over to go around a corner.

To set yourself into the right position perfectly for any turn, just look over the rider’s shoulder towards the turn. When the motorcycle is turning right, look over the rider’s right shoulder; when it is turning left, look over the rider’s left shoulder. You don’t have to do anything else; looking naturally over the rider’s inside shoulder will automatically put your weight exactly where it belongs in a turn. Keep your body in line with the rider’s body to prevent the motorcycle from leaning greater than the rider intends. (When going straight, it does not matter which shoulder you gaze over.)

Never lean beyond a turn; you could cause a crash that way.

When the rider applies the brakes, it creates a forward weight transfer on the motorcycle. In the event the rider is forced to brake hard, as in an emergency, this forward weight transfer will be very apparent to you; you’ll be forced up against the rider, and you will begin to slide forward on the seat.

Don’t panic. Try to keep back, off of the rider. Resist sliding forward by pressing your feet up against the foot pegs; make use of your thigh muscles to manage your position on the seat. Should you slide forward, you may force the rider forward, decreasing the rider’s control of the motorcycle. Additionally, it moves the weight distribution of the motorcycle forward, reducing the weight on the rear tire and therefore the traction of the rear tire, which makes it much more likely that the back tire will begin to skid. Obviously, none of this is desirable. Try to keep yourself from jamming up into the rider by using your foot pegs and your thighs.

You will be an active participant in the ride by staying alert and being prepared. Help the rider search for potential danger, and stay prepared to hang on and hold yourself back in the event you anticipate a need for sudden braking.

Likewise, in the event the rider is forced to swerve the motorcycle in order to avoid a hazard in the road, you have to be prepared for a sudden lean and change of direction.

It’s also possible to assist the rider by scanning for animals that may run into the street. Dogs and deer are particularly unpredictable, and you might see a deer on a hillside above the road, or perhaps a dog in somebody’s yard, before the rider. (After all, the rider is concentrating primarily on the street.)

In the event you spot a hazard of any type that you think the rider is unaware of, rap the rider on the appropriate shoulder, and point at the hazard in a manner that brings it to the rider’s attention.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

California Motorcycle Accident Attorney and Biker Lawyer Website

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Common Factors Behind Motorcycle Accidents

motorcycle accident sceneMotorcycle accidents can be tragic as well as upsetting events.

The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.

A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.

Additional causative factors

Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.

An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.

Be careful out there when riding your motorcycle.

Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.

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.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

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Actor and Biker Lorenzo Lamas along with cast of Sons of Anarchy to lead Charity Ride for Abused Kids

Lorenzo Lamas

Lorenzo Lamas

The following is a press release for an upcoming ride that will be led by celebrities for a good cause. I will be at this ride as well. I look forward to meeting all of you there.

It looks like riding season is upon us.

LOS ANGELES, CA – March 8, 2012 – Organizers have announced that the much anticipated ’Ride to the Dunes’ for Child Abuse Awareness, led by Grand Marshal, Lorenzo Lamas, scheduled for Sunday June 3, 2012 will begin with a beautiful ride from Bartels’ Harley-Davidson, 4141 Lincoln Blvd., Marina Del Rey, CA to the serene Newport Dunes Resort, Newport Beach, CA. Lorenzo Lamas will be joined by cast members from The Sons of Anarchy, Southland and American Ninja; he invites the public to join him as well.

“As parents and Americans, we owe it to ourselves to support American military and American kids however we can. B.A.C.A. is one of many legit organizations out there seeking to raise awareness of child abuse and I call on every rider within safe riding distance to Marina Del Rey to come out and ride to support the cause,” says Lorenzo Lamas.

‘Ride to the Dunes’ for Child Abuse Awareness will conclude at the beautiful waterside setting of Newport Dunes Resort, Newport Beach, CA with lunch and a concert by Better Chemistry.

‘Ride To The Dunes, for Child Abuse Awareness’ will focus on the epidemic state of child abuse in America with the presentation of the Children’s Wall of Tears. 4.8 children die at the hands of their caretakers every day! More than 3 million cases of child abuse are reported each year. Organizations like BACA, WACA and CASA lobby to assist children who are in danger from their abusers and to bring a greater public awareness to help make a difference in a child’s life.

‘Ride To The Dunes, for Child Abuse Awareness’ will recognize the following organizations for their untiring work for children: BACA Los Angeles, The Children’s Wall of Tears, War Against Child Abuse, CASA, LA and CASA, OC.
“We are very pleased to be included in Ride To The Dunes, for Child Abuse Awareness. Any attention to this devastating issue is a very good thing,” states Sam McKissick, President of BACA Los Angeles.

For more information is available on regarding the ‘RIDE TO THE DUNES’ for Child Abuse Awareness, go to www.ridetothedunes.org for a downloadable entry form or call 818.505.1104.

WHAT: ‘RIDE TO THE DUNES’ For Child Abuse Awareness

WHEN: 8:30 a.m. Registration, Ride begins at 10:00 am, Sunday June 3, 2012.

WHERE: Ride begins at Bartels’ Harley-Davidson, 4141 Lincoln Blvd., Marina Del Rey, CA and concluding at Newport Dunes Resort, 1131 Back Bay Dr., Newport Beach, CA.

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.

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Former Police Officer Gives Tips on Motorcycle Safety

Motorcycle riders listening to safety semiar in Orange, California

Motorcycle riders listening to safety semiar in Orange, California

Motorcycle riders gathered on Saturday afternoon in Orange to hear safety tips from a former police officer.

Retired Orange police Cpl. Mark Camarillo led a seminar, “Smarter Safer Riding and How to Avoid a Traffic Citation,” at Irv Seaver Motorcycles

About 100 people sat and stood inside the dealer’s future service shop at 607 W. Katella Ave. for the seminar.

Camarillo told the crowd to use hard stopping, use common sense, to always use a turn signal, know the speed limit and also to ride defensively.

“I want to go home to my family every single night,” Camarillo said.

He also told the motorcycle riders to hold with the speed limit – plus or minus 5 mph.
“I fight the urge to ride aggressively,” Camarillo said. “It gives you time to react and time to stop. It’s less stressful on yourself. (Speeding) creates stress you probably don’t realize is happening to your body.”

He explained riders – and drivers – should always look left, right and left again at every light.

“It’ll save your life,” Camarillo said. “It gives you a chance to look back. That is a crucial thing to do.”

Since retiring from the Orange Police Department, Camarillo said he rides a BMW motorcycle and that people drive differently now that he’s not on a black-and-white.
“I get tailgated now, and I never got tailgated before. I wonder why?” he joked with the audience.

Many audience members said they didn’t know prior to the presentation that it was legal to turn left across a single double-yellow line, including Jennifer Chung and her son Kyle Tran, 15, of Westminster. The two were curious to listen to tips originating from a former police official. For Chung, riding is a family affair. She often takes her son on the back of her Kawasaki Ninja.

“A presentation such as this is always of interest to BMW drivers,” said Larry Troffer of San Clemente.

“If there’s anybody that can provide me some suggestions, I’m always interested,” said Bill Reitz, president of the BMW Club South Coast Riders. The group boasts 99 members and holds meetings once per month followed by a 65- to 100-mile ride.

Camarillo also said the Ortega Highway is the deadliest route, accompanied by Santiago Canyon Road.
He told the target audience that driving on the line between the lanes – known as lane splitting – is unsafe but legal. He suggested driving only 10 mph faster than the speed of traffic when splitting lanes.

“If traffic is doing 30 miles per hour, should i split it at 40? Why? I’m not getting there faster,” Camarillo said. “Everybody has to decide whether it is worth it or not.”

Owners Evan and Lois Bell of Irv Seaver Motorcycles are bike aficionados. This year, they celebrate the 100th anniversary for the business.

“Our most wonderful vacations have been on motorcycles,” Lois Bell said. The two have ridden through Europe, South America, South Africa, New Zealand, Ireland, Japan and Germany.

“If those individuals listened, it probably saved some lives,” she said.

  • Motorcycle safety tips
  • •Use sound judgment.
  • •Drive the speed limit – plus or minus 5 mph.
  • •Practice hard stopping.
  • •Always use your turn signal.
  • •Avoid getting grease, oil or diesel fluid on your tires.
  • •Know the speed limits.

Orange California Motorcycle Accident Attorney Website

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Been very lean lately; this too shall pass.

Biker Attorney Norman Gregory Fernandez on the way home from a ride to the Grand Canyon

Biker Attorney Norman Gregory Fernandez on the way home from a ride to the Grand Canyon

As you can probably tell, I have not written too many articles lately. The reason I have not written that many articles lately, is frankly that I am swamped with work.

Obviously being swamped with work is a very good thing, especially in today’s economy.

Another unfortunate side effect to being swamped with work is that I’ve not been able to ride my motorcycle as much as I like lately.

As a matter of fact, I have a jury trial starting in Orange County California on Tuesday. The trial may take me out of the office for a week to two weeks.

Notwithstanding the fact that I have been very busy lately, I will commit to you my loyal readers to writing at least one to two new articles a week here on the Biker Law Blog. Who knows, I may be able to do more.

One thing I found is that during the wintertime bikers and motorcyclist tend to spend more time on the Internet reading about motorcycles because many are either snowed in, or cannot ride due to inclement weather conditions.

This winter has been unusually mild, so many who otherwise would be unable to ride their motorcycles due to the weather are able to ride.

For all of you, who are out enjoying the nice weather and riding your motorcycles, think of me as I sit here in my home office writing this article for you and preparing for trial on Tuesday.

This too shall pass.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, © February 18, 2012

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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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Is the Sons of Anarchy TV Show a Biker Soap Opera?

Sons of Anarchy TV show is a biker soap operaI saw a comment from one of my Facebook friends wherein he stated that he just got through watching “Days of our Sons of Anarchy” which was a jab at the popular TV show Sons of Anarchy, comparing it to the “Days of our Lives” women’s soap opera on TV.

Unfortunately, I will admit to watching the TV show since the beginning.

I have been in motorcycle clubs, plus some of my friends are extras on the show playing both Sons and Mayans.

At least for me the bottom line is that the TV show has become, and probably has been nothing more than a biker soap opera the entire time.

One of my good friends, who has ridden in a club with me and who some would consider to be a hardcore biker called me last week after one of the shows to discuss a specific thing that happened in the show. He was dead serious about the issue.

It reminded me of my mom many years ago, discussing General Hospital with one of her friends.

In the back of my mind I was laughing. Here is this hardcore biker dude calling me about something that was shown on the Sons of Anarchy TV show.

The TV show only shows a trivial amount of actual riding on motorcycles. It does show a bunch of guys running around with cuts on, but all in all, the TV show is designed to keep you wanting to come back and watch some more.

The Sons of Anarchy TV show has no basis in biker reality other than the fact that there are dudes on the show wearing motorcyle club patches and who ride motorcycles from time to time.

Hell the only reason I have watched it this long is because my Digital Video Recorder (DVR), is set to record the show each week.

One interesting thing that I have seen as an outcrop from the Sons of Anarchy TV show is a bunch of guys riding around with Sons of Anarchy t-shirts that look like soft cuts, (a soft cut is a shirt that has a motorcycle club patch printed on the back and that can only be worn by members), and even guys wearing Sons of Anarchy cuts. (a cut is a leather or denim vest with a members motorcycle club patch on it only for members)

I have even seen purported Sons of Anarchy motorcycle club chapters popping up all over the nation.

These guys do not realize that there are real motorcycle club members worldwide who worked very hard to earn their motorcycle club patches, and they may not be too kind to a guy that sticks on a Sons of Anarchy patch that was purchased off of eBay, to make him look like a real motorcycle club member.

If you watch the TV show, fine, however, don’t be stupid enough to show up at motorcycle events with Sons of Anarchy soft cuts or real cuts, you may get yourself into trouble with real deal club members.

I have seen another new trend on the internet, and in real life, there are a bunch of new riding clubs and motorcycle clubs popping up because of the TV show.

I have seen one group in particular that I will not name, wearing cuts with front name badges, side rockers, the works. They only have one a one piece patch in the back, but the color of their patches is the same as the guys on the TV show.

I think it is a big mistake for these guys to be wearing cuts the way they are. I would not want to be anywhere near them when they get confronted by a real motorcycle club.

If you are not in a real and recognized motorcycle club, you should not be putting on club patches and pretending you are in a real club. It can only lead to trouble.

On one last note, in all my experience riding with and dealing with motorcycle clubs throughout the years, I have never seen anything go on like what goes on in the TV show.

So there it is, the next time you watch the TV show Sons of Anarchy, remember, you are watching a soap opera.

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

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Long Distance Motorcycle Riding; how do you Carry What You Need?

One of California Motorcycle Accident Attorney Norman Gregory Fernandez's motorcycles all packed up for trip to 4 corners rally in Durango Colorado

One of California Motorcycle Accident Attorney Norman Gregory Fernandez's motorcycles all packed up for trip to 4 corners rally in Durango Colorado

I have been a serious long distance motorcycle rider for many years now. You may ask what is a long distance motorcycle rider. To me a long distance motorcycle rider is someone who rides 800 or more miles on a motorcycle trip multiple times a year.

So according to my definition, even a first time rider who does a few 800 mile or more motorcycle trips per year would qualify as a long distance motorcycle rider.

I regularly do trips of 1000 miles or more like they are no big deal.

I know many guys who are bikers, and what some would consider to be hardcore bikers, that literally do nothing but bar hop on their motorcycles. To them doing 300 miles in a day is unheard of. Further, many of these guys have motorcycles that are in no way set up to do any serious mileage.

Most of these guys do not have saddle bags, and brag about how they do not need wind screens.

I am not going to knock these guys that are basically local bikers, but they really have no clue what it is like to be a long distance biker.

There are also what I call your ubiquitous trailer queens. These are guys that trailer their motorcycle to events, and then unhook them and ride at the actual event, making it appear that they rode to the event. This article not about packing up your car, it is about packing up your motorcycle.

Unless you are doing an Iron Butt Ride which is 1000 miles in a 24 hour period, (basically nonstop riding except to stop for gas and quick meals) a 1000 mile or more motorcycle trip will be a trip that is at least a 2 days or more.

I have done runs that last a week or more.

The big issue for me on long distance motorcycle trips is; what should I carry on the trip, and how should I carry what I need on the trip.

For me what to carry with on long distance motorcycle runs is almost automatic. I carry:

Water
Sunscreen
Flashlight
Small Tool Kit
Knife
1 Quart of Oil
Flare
Lighter
Sunglasses, and clear night glasses
Warm weather and cold weather gloves.
Leather Jacket
Leather Chaps
Spare clothes
Tennis Shoes
Emergency Contact Form
Cell Phone
GPS
Fine cotton cloths
Spray Wax
Plexus windshield cleaner
And whatever else I may need.

When I go on long distance motorcycle runs at least for the past 11 years or so, Elizabeth has been with me. Therefore inevitably, I also have to carry her purse, gloves, jacket, chaps, and whatever else she might want to bring as well which always includes her makeup and cloths.

In the past when I just had a softail or regular large cruiser motorcycle and no bagger, (see the picture above, the motorcycle is packed up to the brim, with tents, chairs, and everything for a full motorcycle rally.) my solution to accommodate all of the stuff that I like to carry, was to first to buy soft saddlebags, or a locking rigid saddlebag system, install a luggage rack behind the sissy bar, and buy a T-Bag soft luggage system that sat on the luggage rack behind the sissy bar, and then secured around the sissy bar.

The locking saddlebag system, called Leatherlykes Bags, was better than soft saddle bags, because they were bigger, and  I could lock the bags and walk away without worrying about being ripped off.

I used the soft T-Bag motorcycle luggage system on a couple of my motorcycles. After a few years, I switched from the T-Bags, to something called the Kuryakyn Full Dresser Bag, when they first came out. This bag had a rigid plastic shelving system in it, held more stuff then the T-Bags, and actually looked better as well. Not only that, but it had a wheel system on it like conventional luggage so when I got to a destination, I could lift it off, and wheel it in.

I used this system a few times on my FLHT Electra Glide Standard when I got her, but once I put the removable Tour Pak on; there was no room for the Full Dresser Bag.

For 6 years with the Electra Glide we would use plastic bags to fill up the side hard Harley Davidson Saddle bags, and the Tour Pak. We would also utilize the luggage rack on top of the tour pak to bungee tie our leathers as necessary.

I eventually went back to T-Bags and got a Dakota bag which is specifically designed to fit the premium luggage rack on a Harley Davidson Electra Glide Tour Pak.

The Dakota Bag is so big, that it pretty much holds everything we need. Obviously there are some items that will not fit in the Dakota, so we continue to keep small plastic bags in the hard side saddle bags.

The Future

Liz and I are talking about riding cross country this summer. I figure on a cross country run we are not going to want to have to constantly lift the Dakota Bag off everytime we stop, and we are not going to want to have to park in a place where we can see the bike everytime we stop so someone does not rip off our Dakota bag.

So after doing some research, I have found a motorcycle tow behind cargo trailer solution that I may purchase and use for our cross country trip on the Electra Glide.

I can get a cargo trailer that holds anywhere from 18 cubic feet of stuff, up to 25-26 cubic feet depending upon how much I want to spend, or how big I want the trailer to be.

I would need to install a motorcycle ball hitch onto my motorcycle for the trailer to hook onto, and rig up a wiring harness for brake and signal lights on the trailer.

It looks like there are many off the shelf trailer solutions for my Harley Davidson Electra Glide.

A cargo trailer at least to me would be the optimum way to travel cross country on a motorcycle, because we can just throw everything we want to take in the trailer, plus there will be room to store souvenirs if we decide to buy any along the way.

The trailer will take away the fun of trying to cram everything into a few small spaces on the motorcycle.

Even with a full Harley Davidson Electra Glide Custom Ultra, things can get tight real quick.

On a cross country trip I want to be able to enjoy the ride and the sights, without worrying about having to wash clothes every couple of days on the road.

There are many out there that say towing a cargo trailer behind a motorcycle is dangerous. Based upon my research, it can be done safely so long as you get used to it and take it easy just like anything else.

In closing, I have found that rigid saddlebags, a nice luggage rack mounted soft or rigid motorcycle luggage system, tour paks, and cargo trailers, all will allow you to carry the things you need on a long distance motorcycle run. What you do is really up to you.

Keep Both Wheels on the Road.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © November 13, 2011

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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

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