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

Written on December 17, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Criminal Law, Damages, Editorial, Education, General Legal, In The Wind, Medical Treatment, Motor Vehicle Accidents, Motorcycle Accidents, Personal Injury, Riding Your Motorcycle

** 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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Riding your Motorcycle around Curves and Turns without Killing Yourself

Written on November 19, 2011 by Norman Gregory Fernandez in Articles, Brakes, Cagers, California Motorcycle Accident, Defective Roads, Editorial, Education, In The Wind, Motor Vehicle Accidents, Motorcycle Accidents, Motorcycle Safety Tips, Personal Injury, Riding Your Motorcycle

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

Written on November 13, 2011 by Norman Gregory Fernandez in Articles, Editorial, Education, In The Wind, Motorcycle Product Reviews, My Harley Davidson Electra Glide, Norman Gregory Fernandez Ride Reports, Other, Reviews, Riding Attire

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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My Two Prong Solution to End the Political Stalemate in Washington

Written on November 7, 2011 by Norman Gregory Fernandez in Articles, Editorial, Education, General Legal, In The Wind, Just BS, Other

Lying in bed recovering from surgery has given me time to contemplate solutions to our nation’s woes.

You will find that I have previously wrote a short article on how to get millions of America back to work, while reducing our dependence of foreign oil. You can read it below or by clicking here.

I am now going to lay out my solution to end the political stalemate in Washington, and make congress more accountable to the people.

Before I begin let me start off by stating for the record that I think that there are some congressmen who have betrayed our nation by doing what is in their political parties best interest rather than our nation’s best interest.

Our nation’s credit rating was recently downgraded because of the actions of some of these congressmen; they should be ashamed and they should be ousted out of our government. They have done enough damage.

As an Air Force veteran, these congressmen make me sick to my stomach and are aberrant to everything I believe in.

With that being said, some may think my solutions are too simple, and that is because I have designed them that way, to be simple.

To end the political stalemate in Washington, we must first get special interests and corporations out of our government.

I firmly believe that our government is firmly in the control of special interest, corporations, and oligarchies right now. (An oligarchy is a form of government in which all power is vested in a few persons or in a dominant class or clique; government by the few. These would be the super-rich 1% who control most of the wealth in this nation.)

The Declaration of Independence says: “a government of the people, by the people, and for the people,” nowhere does the Declaration of Independence say by special interest, corporations, or oligarchy.

In order to flush the special interest and corporations out of our government toilet bowl, we need to enact campaign finance reform.

In other words, the way things work right now, someone who wants to run for congress or political office has to raise mega millions of dollars in order to do so. In order to win, a candidate either has to pay for the campaign out of their own money, or they have to go to special interest, corporations, or wealthy contributors for the money to do so.

Either way, these candidates end up being for the most part non representative of the people because they have to answer to those that gave them money to be elected.

Ultimately, these candidates end up owing favors to the special interest, corporations, and wealthy benefactors who contributed to their campaign.

How does this help our nation, it doesn’t, it is a system ripe for corruption.

In the end rather than doing what is in the best interest of the American people, you end up with candidates doing whatever they can to be re-elected, and to please whoever gave them money for their campaigns.

I say the Federal Government should give each candidate a set amount of money for their campaign, and that is it. No more money allowed!

No candidate should be allowed to use private money or special interest money again for their campaigns.

Each TV channel in return for being given a broadcast license in this nation should be mandated to give each candidate a set amount of time on the airwaves to campaign, and that is it. No more crappy political ads every commercial break.

This solution should get rid of the special interest control over our elections, corporate control of our elections, and the oligarchy control over our elections.

The Supreme Court made a horrible decision in Citizens United by allowing corporations to donate unlimited amounts of money towards political campaigns, because it took the voice of the people away and gave it to the corporations.

I know some may balk at the government financing campaigns, and putting limits on how much money each candidate may spend, but this is the only solution if we want to take our nation back from the special interest, corporations, and oligarchies.

Do we have the guts to take our nation back?

My second solution is term limits for all congressmen, just like we have for our president. 2 terms and then you are out of there.

There are congressmen who have been in office their entire careers. I do not think our founding fathers had this in mind when they set up our nation.

These career congressmen have learned how to game the system, and exert an undue influence on what they call junior congressmen.

Some of these career congressmen are so cavalier; they think they have an automatic entitlement to be re-elected. Therefore they do what they want instead of what is best for the people and their constituents.

Most if not all of these congressman are loyal to their political parties more than they are loyal to the American people.

It is time to flush these congressmen down the drain, and get people in there who care more about our nation than their political party.

Therefore let’s enact term limits for each congressman, 2 terms and that is it!

My solution to fixing our government is simple; (1) Campaign Finance Reform, and (2) Two Terms for each Congressman only.

We need to take our nation back before it is too late.

By Norman Gregory Fernandez, Esq., © November 7, 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!

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A Rider and a Passenger Killed During Love Ride

Written on October 23, 2011 by Norman Gregory Fernandez in Articles, California Motorcycle Accident, Editorial, Fatal Motorcycle Accident, Motor Vehicle Accidents, Motorcycle Accidents

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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An Example of Extreme Weather Riding, Reno 2011

Written on September 28, 2011 by Norman Gregory Fernandez in Articles, California Motorcycle Accident, Editorial, Education, Events, In The Wind, Motor Vehicle Accidents, Motorcycle Safety Tips, My Harley Davidson Electra Glide, Norman Gregory Fernandez Ride Reports, Riding Attire, Riding Your Motorcycle

A nice view from the Go Go Bar, Reno Street Vibrations 2011

My old lady and I just completed a run up to the Reno Street Vibrations Biker Rally this past weekend.

It was around a 450 mile run each way from our home, and sure was an exercise in extreme weather riding for us Southern Californians, who are used to mild temperatures.

The route we took was from the 14 freeway to Highway 395 to the 80, and to our hotel in Reno.

The day we rode up to Reno, Friday, September 23, 2011, started out to be a mild day. The weather was calm at 5:30am when we left our home, around 75 degrees.

As we started riding north, the weather got hotter and hotter, cooled off, and then got hot again as the day went on.

You see highway 395 took us through the Eastern Sierra Nevada Mountain Range, past Mount Whitney, the highest mountain in North America, up around 8,000 feet and higher, then through Carson City (Lake Tahoe is just above Carson City), and then to Reno which is basically in the Nevada Desert.

I usually wear a light long sleeve type of t-shirt on hot days to protect my skin from the sun, and blue jeans. I know I should wear an armored fabric type of jacket, and I am in the process of trying to find a good one.

My old lady also wears long sleeves, and usually always wears chaps as well.

On Friday, due to traffic conditions, an accident in a bad spot where a biker went down due to a defective road under construction, the heat, and the extreme traffic in Reno again due to construction and the fact that lane splitting is illegal in Nevada, Liz and I were totally spent by the time we got to Reno.

A view from the Reno Street Vibrations 2011

My new Electra Glide Ultra got so hot that it almost cooked that day.

We tried as best as we could to hydrate along the way, but I think that we over did it on Friday. We both almost suffered severe heat stroke by the time we got to Reno. We were both dizzy and sick upon arrival.

I was in such a rush to get to Reno; I ignored my basic riding principals!

In the future, I will make sure we take more breaks, hydrate more, and give ourselves more time to get to a long destination.

450 miles in one day riding two up, is a very long ride under any circumstances. In heat it can be tough.

On the way back from Reno, it was warm when we left, but soon, when we got up into the mountains, we suffered severe weather. There was lighting storms, rain, hail, and cold. Imagine going from warm to very cold in just a few miles.

I let Liz use my chaps since she left hers with a friend by mistake, I put a sweatshirt on, my leather jacket, my gauntlet gloves, and we proceeded through the severe weather.

Upon reaching Lone Pine, we stopped to get some food at the Mt. Whitney Restaurant. (A great local restaurant with damn good food.)

Lone Pine is a tourist town along the 395 which caters to people on their way to see Mt. Whitney and Yosemite.

When we walked into the restaurant to eat, we were all bundled up in leathers and more, all of the locals were in t-shirts and shorts. I took my jacket off and sure enough it was at least 80 degrees outside.

We went from warm in Reno when we left, to cold lighting storms, back to warm again, all within a 300 mile stretch.

I proceeded to take my leather jacket and gauntlet’s off again, and switch to light gloves, and then we got on the road again.

There was a 30 mile stretch after Lone Pine, just before Mohave and the 14, where I never was so afraid in my life while riding a motorcycle.

Out of no-where we hit cold, and 60-70 mile per hour wind gusts or more that literally almost knocked my bike over while we were riding.

The wind was hitting us from the side going north to south. When a gust would hit us it caused my head to jerk hard to the left. It also caused the bike to jerk violently, and I have a very heavy bike.

Liz and I had our intercom hooked up, and she was freaking out. I had to tell her to be quiet and not panic. The wind was so bad that I knew if I slowed down and tried to pull over there would be no way I could hold the bike up. I knew the wind would knock us over.

I knew the forward energy and centrifugal force of the tires turning made it safer for us to keep riding than trying to stop.

I was genuinely afraid like I have never been before in my life while riding. It was a horrible experience, especially in the pitch dark of the Mohave Desert.

When we got to a 76 truck stop in Mohave where the 14 hits the 395 we pulled over to get our bearings back. It was then that another couple pulled in on a motorcycle in a panicked state.

They were on a Harley Davidson Road Glide, they each had beanie helmets on with clear glasses on for eye protection, and they were even more panicked than we were.

The women got off of the back of her old man’s bike and literally hugged him and would not let go.

We discussed the fact that it was by the grace of god that we all made it through unscathed.

I put my leather jacket and gauntlet’s back on and we rode off watching the woman from the other bike hugging her old man like there was no tomorrow.

Moral to the story; when riding a motorcycle, be prepared for any weather.

I can’t wait for next year

Keep Both Wheels on the Road!

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

Written on September 18, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Damages, Editorial, Education, Insurance Information, Motor Vehicle Accidents, Passenger Injuries, Personal Injury

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

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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One of the Pleasures in Life; Being a Motorcycle Rider.

Written on August 12, 2011 by Norman Gregory Fernandez in Articles, Biker Rights, California Motorcycle Accident, Criminal Law, In The Wind, Just BS, Motor Vehicle Accidents, My Harley Davidson Electra Glide, Norman Gregory Fernandez Ride Reports, Personal Injury, Riding Attire, Riding Your Motorcycle

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Malibu, CA

There are few things I enjoy in life more than jumping on my Harley Davidson Electra Glide Ultra and riding my motorcycle on the open road, especially with my brothers.

To be frank, it really is hard for me to express how much I enjoy riding motorcycles. The good thing is that I really do not have to explain it to those of you who already ride motorcycles, because you already know what I am talking about.

One of the reasons I bring this subject up is that last Friday night, I was on my home from a gathering of motorcycle club brothers in Tehachapi, California, when I stopped in Palmdale, California for some gas.

A fat guy dressed in what appeared to me to be medical scrubs of the type that doctors and nurses wear at a hospital, made it a point to walk up to me as I was gassing up my motorcycle to say “You really should not ride motorcycles around here because of all of the illegal aliens and unlicensed drivers.”

I looked at the guy who thought he was giving me genuine advice that would make me stop riding motorcycles after 40 some years, and said “dude, life in general is dangerous, I am not going to live my life here in America, worried about getting hit by an illegal alien or an unlicensed driver. Further, life itself is a fatal illness.”

The guy gave me a puzzled look and walked away.

This guy must be out of his fucking mind thinking that I would quit riding because I was afraid of illegal aliens and unlicensed drivers.

Riding motorcycles is one of the important pleasures that I have in my life.

This guy was not giving advice to a novice. I have literally handled many motorcycle accident cases all over the State of California. Everytime I handle such a case, I think about “what if that were to happen to me.” Yes it kind of freaks you out, but then again, flu season is coming up, am I supposed to hide in my estate afraid of getting swine flu? Hell no.

There is one unalienable fact of life; those who are alive today, will someday die. You cannot live your in fear of what could happen, all you can do is just live.

I am not cavalier about riding motorcycles. I am about as safe of a rider that there is out there, although I could improve my riding attire somewhat. I am thinking about adding an armored riding suit to my repertoire.

This weekend I will be on my new motorcycle. I cannot wait to test out the intercom and the CB that came standard on my Ultra. I have installed the speakers and mic inside Liz’s helmet and mine.

I hope we all have a safe riding weekend everyone; keep both wheels on the road.

Also just a reminder, My 02 Harley Davidson Electra Glide is still for sale. She is sitting in my garage waiting for you to come pick her up. You can check it out here at http://www.galaxystorm.com/bike.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © August 12, 2011

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

Written on August 5, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Car Accidents, Criminal Law, Motor Vehicle Accidents, News, Passenger Injuries, Personal Injury, Wrongful Death

Scene of tragic Salinas, California Accident

SALINAS, California – A 6-year-old Salinas girl was killed after her father attempted to chase down a pickup truck on Highway 101 in North Salinas that he thought had his stolen motorcycle in the back, investigators said Thursday.

Just before 4:30 p.m. Wednesday, Luis Armando Molina, 33, of Salinas, was driving a 2000 Chevrolet Suburban sport utility vehicle on Highway 101 when he spotted a motorcycle in the back of a pickup truck, investigators said.

Believing the motorcycle was his stolen bike, Luis Molina chased after the gray truck, California Highway Patrol Officer Robert Lehman said. Luis Molina’s wife, three daughters aged 2, 5, and 6, and 10-year-old son were all riding in the SUV.

Dispatchers received 911 calls from motorists reporting two vehicles speeding recklessly on northbound Highway 101, Lehman said.

To catch up with the speeding truck, Luis Molina attempted to pass slower traffic by driving more than 60 miles-per-hour on the northbound shoulder, the CHP said.
He lost control and the SUV flipped near the Laurel Drive exit.

Xitlali Molina, 6, was thrown from the SUV.

Emergency responders who were first on the scene whisked the 6-year-old to Natividad Medical Center in Salinas, Monterey Sheriff Detective Kevin Gardepie said.

Despite surgeons’ attempts to save her, Xitlali Molina’s injuries proved lethal. The 6-year-old was pronounced dead at 5:07 p.m. in the emergency room, Gardepie said.

At the crash scene, a rumpled pink child car seat lay next to the wrecked black SUV Wednesday evening.

Xitlali Molina had been riding in the back seat of her father’s SUV, the CHP said.

Investigators are focusing on determining if she was properly buckled in a child restraining seat before the collision, Lehman said.

Her 2-year-old and 5-year-old sisters were both properly buckled in child safety seats, and her older brother and parents had seat belts on, Lehman said. California law requires all children younger than 6, or weighing less than 60 pounds, to be secured in a child safety car seat.

Immediately after the crash, all lanes on Highway 101 northbound in North Salinas were shut down during the evening rush hour commute and traffic snarled for miles. The lanes were closed so that a CalStar ambulance helicopter could land on the highway.

The helicopter airlifted the driver’s wife, Maria Molina, 32, of Salinas, to a Bay Area trauma center to be treated for moderate injuries.

Luis Molina and his other three children escaped the crash with minor injuries.

The pickup truck driver fled the scene. On Thursday afternoon, CHP officers were still searching for the driver and the gray Chevrolet pickup truck with tinted windows.

Xitali Molina would still be alive playing with her favorite princess dollhouse and riding her pink scooter if her father had not chased the truck, neighbors said.

“It’s just sad. Especially if it’s a little girl and she has her whole future ahead of her,” neighbor Nick Mederos said Thursday. “One tragic incident and it’s all over.”
The father could be charged with reckless driving and vehicular manslaughter for the fatal crash. The Monterey County District Attorney’s Office will make that decision once the CHP concludes their investigation.

Luis Molina has a criminal history, including five convictions for driving with a suspended license. He has also been arrested for past reckless driving and burglary.

Chasing another vehicle on the highway, no matter what the reason, is not a smart course of action, Lehman said.

“The best thing to do is be a good witness. What’s most helpful to us is a license plate number, we can do a lot with that,” Lehman said. 911 dispatchers will alert nearby officers so that trained emergency officials can track down and pullover the suspected vehicle safely.

Salinas California Car Accident Lawyer and Motorcycle Accident Attorney Website

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

Written on July 18, 2011 by Norman Gregory Fernandez in Articles, California Motorcycle Accident, Fatal Motorcycle Accident, Maintenance, Motor Vehicle Accidents, Motorcycle Accidents, Motorcycle Safety Tips, News, Passenger Injuries, Personal Injury, Tires

SEAL BEACH – California

A man and woman died Sunday when they lost control of their Harley-Davidson motorcycle, cut across the 405 freeway, hit a car and were launched head first into a cement wall, California Highway Patrol officials said.

The man, 60, and woman, 57, were wearing full helmets, but the blunt-force trauma was too strong, said Officer Stacey Willits, who was at the scene.

The accident occurred at 11:18 a.m. on the northbound 405 near the Seal Beach Blvd. exit. The two were taken to Long Beach Memorial Hospital with massive head wounds. They were pronounced dead at 12:07 p.m. and 12:25 p.m. Their identities have not been released.

The man was driving, and the woman was his passenger, Willits said.

Witnesses said the pair was driving in the first or second lane of the northbound 405 freeway at about 65 mph when the motorcycle started fish-tailing, Willits said. The bike then made an almost 90-degree turn and cut across the freeway to the sixth (slow) lane. It hit the left-rear corner of a Honda Accord and ejected the riders into a concrete road-construction divider.

The investigation is still open and officers do not yet know what caused the couple to lose control of the motorcycle. Willits asked that anyone who saw the bike lose control call the California Highway Patrol office in Westminster at 714-892-4262.

Law enforcement officers shut down the third through sixth lanes of the freeway for about an hour while CHP investigated the accident.

This accident is a horrible tragedy. I send my prayers and condolences out to the friends and family of the victims of this accident.

Based on the witness reports from this accident regarding the motorcycle’s rear end beginning to fishtail, it is possible that the victims suffered from a rear tire blow out, or a loose and unstable swing arm, or something to that effect. They could have even locked up the rear end braking too heavy. However there is no evidence based on the witness reports that the motorcycle was braking at the time of the accident.

Both victims were wearing full face helmets.

This accident should remind all bikers to check their tire tread and tire pressure before they ride their motorcycles. I am not saying that this is what caused the motorcycle accident, because I do not know, but it may have played a factor.

California Motorcycle Accident Attorney, and Biker Lawyer

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By Brother went Down Today.

Written on June 24, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, Biker Rights, California Motorcycle Accident, Car Accidents, Editorial, General Legal, In The Wind, Motor Vehicle Accidents, Motorcycle Accidents, News, Personal Injury

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

Written on March 9, 2011 by Norman Gregory Fernandez in Articles, Biker and Motorcycle Law, California Motorcycle Accident, Car Accidents, Defective Roads, Editorial, Education, Fatal Motorcycle Accident, General Legal, Motor Vehicle Accidents, Motorcycle Accidents, Passenger Injuries, Personal Injury, Riding Your Motorcycle, Wrongful Death

Dangerous and Defective Roads Kill and Injure Many People Each Year

Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.

I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.

Some of these types of cases are utterly devastating to the victims.

I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.

The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.

If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.

If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.

If they do not reject the claim, you have 2 years to sue from the date of the accident.

If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.

Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.

I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.

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

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

Written on February 27, 2011 by Norman Gregory Fernandez in Assult & Battery, Criminal Law, Editorial, Education, General Legal, Personal Injury

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

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

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

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

Many other States have similar laws.

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

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

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

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

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

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

I deal with civil remedies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There are legal remedies available to you.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © February 16, 2011

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