Tag Archive: california personal injury attorney

By Brother went Down Today.

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

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

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

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

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

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

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

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

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

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

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

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

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

Dangerous and Defective Roads Kill and Injure Many People Each Year

Dangerous and Defective Roads Kill and Injure Many People Each Year

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Many other States have similar laws.

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

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

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

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

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

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

I deal with civil remedies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There are legal remedies available to you.

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

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To Retain a Lawyer or to Not Retain a Lawyer, What Should You Do?

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

As a California Personal Injury Lawyer, I give free consultations to injury victims throughout the State of California almost every day.

Inevitably about 5% of the people I talk to have either tried handling their California personal injury matter on their own, or are very reluctant to “get lawyers” involved because of what they heard about lawyers, or are clueless about how the legal system works.

Ultimately, out of the 5% of the people mentioned above, about 1% or 1 out of 100 people I talk to decide to handle the matter on their own.

To me, an experienced California Personal Injury Attorney, it is inexplicable why someone would choose not to retain an attorney to handle their personal injury case. Let me tell you why.

Firstly, most people have no clue that they are entitled to recover the following damages in a typical personal injury matter:

Out of Pocket Expenses: All out of pocket expenses flowing out of the personal injury matter such as: loss of wages, medical cost, prescription cost, cost of travel to and from the doctor, prescriptions, loss of use of vehicle, either the repair cost of a damaged vehicle, or the fair market value of a damaged vehicle when the repair cost exceeds the fair market value, rental car, loss of future wages, future medical expenses, etc.

Non Economic Expenses: Pain & Suffering, Emotional Distress, Loss of Enjoyment of life (loss of enjoyment of life consists of compensation to a person for not being able to do things that they used to do, while they are injured. Such as cleaning, cooking, walking, dancing, going out, etc.)

In a nutshell a typical person has no clue that they are entitled to the things mentioned above, how to value such things even if they know about it, and most importantly, how to get it.

Going further, if an injured person is married, they typically do not know that their spouse also has a cause of action against the person who injured them for loss of consortium. Hell most personal injury lawyers in California do not even go for loss of consortium.

Loss of consortium in a nutshell is damages that a spouse of an injured party are entitled to, for the loss of the things that their spouse used to do with and for them in the marriage, because of their injury. In many cases loss of consortium can amount to a substantial amount of money.

I have just touched the tip of the iceberg with this article. Ultimately, only a fool has themselves for an attorney.

I can assure you that in 99% of cases, a person without an attorney will get less than a person with an attorney in a California Personal Injury case.

If you or a loved one have been injured in a California Personal Injury matter you may call my personal injury hotline 7 days a week, 24 hours a day for a free consultation at 800-816-1529 extension 1. You may also check out my personal injury website at http://www.thepersonalinjury.com.

By California Personal Injury Lawyer Norman Gregory Fernandez, Esq., © February 10, 2011

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Changes to California Traffic Laws in 2011

California Traffic Law Changes for 2011As usual, California has tinkered with the laws again for the year 2011, as though we do not have enough laws as it is.

First, persons who want to obtain a learners permit for a motorcycle who are under the age of 21, must now complete a C.H.P. certified motorcycle safety course. They need to have a permit for at least 6 months, before a class M motorcycle license will be issued.

Second, drivers with traffic violations will be able to take Court approved courses online and at home in addition to going to traditional classrooms. This law will take three years to implement.

Third, Local authorities will not be able to enact or enforce a local ordinance on a matter covered by the California Vehicle Code. The new law is an effort to ensure that traffic convictions are properly recorded by the DMV.

Forth, January 1, 2012, drivers convicted of a third or subsequent DUI violation could lose their licenses for 10 years. Reinstatement will be possible after five years if specific conditions are met.

Fifth, The application for a driver’s license will include a “no” option when asking whether an applicant wants to register as a possible organ donor, and applicants will have to answer with either a yes or a no in the organ donation registration field.

And sixth Instead of expiring on January 1, 2011, the “sunset” date for hybrid vehicles with yellow stickers will expire on July 1, 2011. Those with white stickers (on electric and compressed natural gas vehicles) will expire on January 1, 2015. A third sticker will be created for plug-in hybrids. It will be valid from January 1, 2012 until January 1, 2015.

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

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I am Really Sick and Tired of Ambulance Chasers who give us Real Personal Injury Attorneys a Bad Name.

California Personal Injury Attorney Norman Gregory Fernandez

California Personal Injury Attorney Norman Gregory Fernandez

Yes you read the headline of this article correctly; I am sick and tired of ambulance chasers who give ethical personal injury attorneys such as me, a bad name.

An ambulance chaser has been defined by an online dictionary as:

“A lawyer or entrepreneur who hurries to the scene of an accident to try to get the business of any injured persons.”

First of all let me tell all of you something right now, lawyers or their representatives are prohibited from soliciting your business at the scene of an accident in the State of California.

Any attorney who engages in such conduct can face disciplinary proceedings.

If someone is coming up to you at the scene of an accident and recommending an attorney to you; chances are they are engaging in prohibited conduct.

You should never select an attorney based upon a solicitation at the scene of an accident, at your doctor’s office, by the tow truck driver, by a body shop, etc.

Always select someone based upon your own research.

My good friend who is an ex NICB agent, and who now runs an investigative corporation, has told me stories of unethical attorneys illegally paying runners, cappers, doctors, tow truck drivers, body shops, to refer cases to them.

He has also told me stories of personal injury attorneys who are in illegal partnerships with non attorneys to get business.

No attorney can fee share or be in a partnership with a non attorney to get your business.

To be frank, I am absolutely shocked to hear such stories. It is beyond my belief that some unethical attorneys are engaging in such behavior. It is to be frank, despicable.

For attorneys such as me who play by the rules, it is outrageous to think of the poor victims of this type of illegal activity.

Going one step further, you may have recently heard about the explosion in San Bruno and the horrible aftermath.

Sure enough, there are some bottom feeder law firms putting out press releases trying to scavenge business from those poor souls in San Bruno.

Historically in the State of California, attorney advertising was prohibited. In the last several decades attorneys have been allowed to advertise. Some have taken it too far.

I am not against attorneys being allowed to advertise, but I am against what I consider to be ambulance chasing in advertising.

The same thing happened after the Chatsworth Metrorail crash, and many other disasters.

As for me, I am no ambulance chaser. I do not need to be because I am good at what I do.

All of my past and present clients know this to be true. To be good at what you do, you need to actually care about your clients, and get them the money that they deserve.

Ask yourself a question; have you ever heard any other personal injury attorney discussing the topic of this article? Heck No. Do you wonder why? It is the dirty little secret that no one wants to talk about.

Well I am talking about it.

I would like to hear any comments you have. You may comment by clicking the comment link below.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © September 15, 2010

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8 People are Killed at an Off-Road Racing Event in Lucerne Valley; What are the Legal Ramifications?

Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.

I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.

You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.

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I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.

I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.

As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.

They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.

They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.

Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.

If you or your family suffered through the wrongful death of a loved one at this event, or your or a loved one were injured at this event, all me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © August 2010

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Hello from San Francisco

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

Well it is 3:51am on Thursday morning. I just arrived at my hotel in downtown San Francisco after an uneventful trip from Los Angeles.

I am here to give a speech at the American Bar Association Convention. For us lawyers, the ABA convention is the superbowl of nationwide attorney conventions.

 I received the honor to be asked to speak at this year’s convention. I could not turn it down. 

Stays tuned for videos and pictures, and wish me luck! 

By California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., August, 2010

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Are There Any Real Biker Lawyers out there Beside Myself?

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

Are there any real biker lawyers out there beside myself?

When I look at the Internet I see a bunch of pasty face lawyers and attorneys in suits claiming that they are motorcycle injury attorneys. Some are well known so-called motorcycle attorneys who advertise in a bunch of motorcycle publications, and even set up booths at events.

I know one up and coming so-called motorcycle attorney outfit that is nothing more than a marketing franchise scheme aimed at bikers and motorcyclist like you.

Hell, they advertise on TV, and they are all over the Internet representing themselves as biker lawyers.

When I contacted them to find out what they were about, they sent me marketing literature. Basically if you join their outfit and pay a fee, you too will be a real biker lawyer. They have a nationwide marketing campaign going right now which is targeted at bikers and motorcyclist. What a joke!

Let me ask you a question. Would you really want to hire a motorcycle injury attorney from an outfit that is nothing more than a marketing scheme directed at you?

Some months ago a few of us so-called “biker lawyers” were in an article in the Los Angeles Times discussing what is what like to be a biker lawyer.

One of my competitors admitted in the article, that he did not ride “because he wanted to grow old to see his grandchildren.” There was another attorney mentioned in the article, who I have never heard of before the article, who had recently starting working for the same firm of the guy who admitted that he did not ride, stating that he recently actually started riding, and that he recently started doing motorcycle accident cases; isn’t that grand.

Hell at least I give them a little credit for having an employee attorney who actually started riding a Harley Davidson Sportster right before the article came out.

Hell this firm advertises nationwide in many prominent biker rags. If you were to read their advertisements you would think that these guys are the baddest biker lawyers in town. I challenge them to ride with me sometime here in California. It would be nice to actually meet another attorney who rides motorcycles.

Geez would you want an attorney who is great at advertising, but who does not ride because “they want to grow old to see their grandchildren” representing you in your motorcycle accident case? Do you think that this guy actually respects you and your right to ride?

The reporter from the Times gave me a sentence or two credit in the article, notwithstanding the fact that she interviewed me for about an hour.

I thought it was amusing that the majority of the article was spent giving lip service to attorneys who don’t actually ride motorcycles, except for the one junior associate I mentioned above, who had just started riding motorcycles.

I challenge any of the so-called local California Biker Lawyers and Motorcycle Accident Attorneys who advertise anywhere in California to join me on a ride. The reason why I am issuing this challenge is because I believe that maybe only a few of them actually ride motorcycles if any do at all.

I do know of some lawyers nationwide who do actually ride motorcycles. One of them from Southern California who rides, does not do motorcycle injury accident cases.

There was an actual Superior Court Judge based in San Bernardino who actually rides motorcycles. He is, or was a Judge, I am not sure of his status now, but he does not advertise as a biker lawyer who handles motorcycle accident cases.

There is an attorney; his name is Jeff who lives in Korea, who rides. I met him through this Blog, the Biker Law Blog.

I know that there are lawyers out their sprinkled around the good old USA that ride motorcycle, but believe you me; they are the exception and not the rule.

In my personal opinion, I think that a law firm, or someone who advertises that they are “the best” motorcycle accident attorney,” or that they are “attorneys who ride,” or that they are “motorcycle accident experts,” etcetera, etcetera, should put their proof where there mouths are, or stop the false and misleading advertising.

I put my proof on the road on a daily basis. I do not make untrue claims about being a lawyer who rides; I am a lawyer who rides.

My firm has helped many bikers and motorcyclist in their time of need after a motorcycle accident. My client’s know I am a biker and motorcyclist just like them. When they talk to me, they are talking to a fellow biker and motorcyclist, not some attorney who advertises to them like they are a niche market.

Do not fall prey to slick advertising campaigns, or firms that are flat out misleading you into thinking that they are real bikers and motorcyclist only to get your business, when they are not bikers and motorcyclist who actually ride.

It is one thing to be a generic personal injury attorney who handles motorcycle accident cases, and another thing to flat out lie about being a biker and motorcycle rider only to get business, and to get real bikers and motorcyclist like you to sign up with them.

As I have stated many times, a generic personal injury attorney is at a severe disadvantage handling motorcycle accident cases, because they do not know the intricacies of riding a motorcycle, the very real dangers that bikers and motorcyclist face on the road when they ride, or how to deal with the prejudice that bikers and motorcyclist sometimes face, because they themselves have never had to personally deal with them.

You would not want to go to a general doctor for an orthopedic operation would you? So why would you go to a generic personal injury attorney instead of a real biker and motorcycle accident attorney to handle your motorcycle accident case?

So there it is. If you are a motorcycle accident victim, you need to do your due diligence when picking an attorney and lawyer to handle your motorcycle accident case.

If you see a slick advertisement from someone claiming to be a biker who rides, or who claims that they are the best motorcycle accident attorney, or that they are attorneys who ride, or someone who poses next to a motorcycle in a picture or advertisement, ask them a few questions about riding, particularly, when was the last time they rode!

You should know after a few questions whether they are bullshitting you our not.

My name is Norman Gregory Fernandez, and I am a real California Biker Lawyer, who handles motorcycle accident cases. Yes, I actually ride.

Then again, if you are anywhere in California, you can just call me. I will take care of you if you have a good case. Call me 7 days a week, 24 hours a day at 800-816-1529 x. 1.

If I agree to take your case, and you decide to retain me, I will send my people out to sign you up, so that you do not have to come into our offices.

We will handle your motorcycle property damage claim part of your case for free, unlike other attorneys who may charge you an administrative fee, or even a percentage of the amount of property damage.

I know attorneys who charge a fixed administrative fee to handle property damage. I will never take a dime of money to help you get your motorcycle repaired or totaled, if you retain me for your injury case.

We not only do not do that, but we think that it is wrong for a lawyer and attorney to take any part of the property damage claim in a motorcycle injury case.

If you are one of our clients, we will not only do the property damage part of your case for free; we will also do the following;

We will arrange to get you medical care, even if you do not have medical insurance, as part of your overall case.

We will help you to get a rental car if you are stuck without transportation.

We will help you to get a handicap placard for your vehicle so you can park in handicapped spaces while you are recovering.

We will help you to get a cash advance on your case with a 3rd party company if you are unable to work.

We will fight to get you everything that you are entitled to in your case such as loss of income and future income, medical expenses and future medical expenses, pain and suffering, loss of enjoyment of life, emotional distress, loss of use of your motorcycle, and any other out of pocket expenses related to your accident.

We will also fight to get your spouse a recovery for the loss of consortium related to your motorcycle injury accident.

Hell, we even make ourselves available to our clients after hours and on the weekends when necessary.

We are not bankers and do not keep bankers hours. We work when necessary, not by arbitrary hours like some other attorneys!

We will go that extra mile for you in your case.

There is a reason why many bikers, motorcyclist, motorcycle club members, and others come to me for representation on their California cases; and it sure is not because of my slick advertisements.

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

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Memorial Day 2010; God Bless our Fallen Who Have Given Everything For Our Freedom

Memorial Day 2010Today is Monday, May 31, 2010. As of today over 1 million men and women have given their lives in the service or our nation. Today, Memorial Day, is the day we honor their sacrifice.

As of May 30, 2010, 4,387 men and women have died in Operation Iraqi Freedom, and 1,075 have died Operation Enduring Freedom. (Afghanistan)

Freedom is not free. Those who have given their lives for our freedom paid for our freedom with all they had to give, their lives.

On May 24, 2010, 22 year old PFC. Christopher R. Barton Died in Operation Enduring Freedom, in Khowst province, Afghanistan, of wounds sustained when insurgents attacked his unit using small arms fire.

On May 24, 2010, 44 year old Major Ronald W. Culver Jr. Died in Operation Iraqi Freedom, in Numaniyah, Iraq, when insurgents attacked his vehicle with a makeshift bomb.

On May 22, 2010, 24 year old PFC. Jason D. Fingar. Died in Operation Enduring Freedom, in Durai, Afghanistan, of wounds sustained when his military vehicle struck a makeshift bomb.

On May 21, 2010, 26 year old Staff SGT. Amilcar H. Gonzalez Died in Operation Iraqi Freedom, Ash Shura, Iraq, of wounds suffered when insurgents attacked his unit with small arms fire.

On May 20, 2010, 26 year old Spec. Stanley J. Sokolowski, III Died in Operation Iraqi Freedom, in Kirkuk, Iraq, in a non-combat related incident.

On May 19, 2010, 38 year old Staff SGT. Shane S. Barnard Died in Operation Enduring Freedom, in Zabul Province, Afghanistan, of wounds sustained when he stepped on a secondary makeshift bomb.

On May 18, 2010, 46 year old PFC Col. John M. McHugh Died in Operation Enduring Freedom, Kabul, Afghanistan, of wounds suffered when enemy forces attacked their convoy with a vehicle-borne makeshift bomb.

I have listed 7 brave men who have given their lives in the service our nation, for our freedom in the past week. To honor those who have given their lives for our freedom is to remember them and what they did for us.

To see a list, pictures, and details of all who have died in our latest wars in Iraq and Afghanistan, click here now. I know it takes a bit of time to go through each person by date, but it will bring home the true meaning of Memorial Day.

Today is not a day for picnics, and sales at the local mall, it is a day to honor those who paid for our freedom by giving their lives for us. It is a solemn day. Tell your kids what this day is for. Study it for yourself.

God bless the United States of America. God bless our fallen hero’s.

By Norman Gregory Fernandez, Esq., 2010

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A Little Ride Video to Las Vegas

In December 2009, I took a little ride to Las Vegas. I was supposed to meet up with some friends along the way, but I ended up not meeting up with them until we got to Nevada.

Now I know some of you cannot ride in December due to snow and weather. Well here on the South West Coast we basically have year round riding. The below video proves it.

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For me as a true Biker Lawyer and Motorcycle Accident Attorney, just give me an excuse to ride and I will be there. Unlike some other poser attorney’s out there claiming that they are “Motorcycle Attorney’s.” I am the real deal.

I have literally met up with hundreds if not thousands of Bikers and Motorcyclist from all over the United States and Europe. I love riding my motorcycle just like you do.

I love riding my motorcycle to Las Vegas, Nevada. Not necessarily because I like going to Las Vegas, but I flat out like to ride my motorcycle, and Las Vegas is another excuse to ride.

I shot this video during a ride to Las Vegas in December 2009. Some of the video was shot while riding my Electra Glide, with me holding my HD camcorder in my left hand, while holding the handlebar and throttle with my right hand.

Toward the end of the video, I took some video of me riding with my friends in a pack. This video is unique in that you can get in the saddle with me and see what it is like ride an Electra Glide solo and in a pack.

I am planning on taking many more videos of my rides in the future.

Enjoy!

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

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The End Of The Road For American Chopper – Is the Biker Yuppie Craze Over?

 ** 2-11-10 Update – I watched the last American Chopper show and it sucked. There was no mention of the series being cancelled which leads me to believe that the series was cancelled by TLC without any advanced warning or planning. Otherwise they would have done some kind of end of series show.

One of my commenters, “Pirate” is right, this show bit the big one. He mentioned that the economy probably has a lot to do with the downturn in custom motorcycles, and even the Easy Rider show in his area. One of my other commentators “Guru” does not understand why motorcycles are not promoted more as a cheap way to save gas and commute.

Anyway I think that TLC did a disservice to watchers like me. They did not even respect us enough to do a final series show. I think that the Teutul’s disrespected us as well by thinking we would continue to watch a series where Paul Jr. and Mikey moped around town designing dog parks, and doing lame comedy routines while their audience wanted to see custom motorcycles being made.

Anyway that is it; I wonder if we will see any other motorcycle type of shows on cable?

Well the TV series American Chopper is suddenly coming to an end; the last show is this Thursday at 9:00pm EST on the Learning Channel.

Many of you may have read the article I wrote about the Teutul family lawsuit here.

I became aware of the fact that the show was ending when I saw a commercial on TLC announcing that the very last show would be this Thursday. I thought it was kind of odd that Paul Jr. was the one announcing the end of the show on the commercial since he was fired by his dad, (see below) and his is being sued by his dad.

I am sure that most of you know that American Chopper is or should I say, was, a very popular show on TLC about the Teutul family and their building custom motorcycles at Orange County Choppers in New York. The show also showcased some heavy duty family fighting.

I firmly believe it was TV shows like American Chopper, Biker Build-off, Motorcycle Mania, etc., that fueled the Yuppie motorcycle craze of the early 2000’s. Love the shows or hate them, they drove motorcycles into the mainstream, and made them more popular than ever.

Now it is almost impossible to find any of the reality based motorcycle shows that were running throughout the early 2000’s.

I myself was a regular watcher of America Chopper, and had it set to record on my digital video recorder automatically. I did not watch it for drama; I watched it because I thought the custom motorcycle build part of the show was pretty cool. I also watched other motorcycle reality TV shows when they were on. I believe that American Chopper is the last of the genre.

Some people may have thought that the show was BS, but in my humble opinion, it was a good watch, something better than let’s say watching some BS game show.

I have been riding motor powered mini-bikes and motorcycles since my dad put me on one at the age of 4 in 1967. I remember having to kick start (or push start) my motorcycles in the 1970’s, and early 80’s. I have been riding well before the yuppie craze started with motorcycles in the 2000’s.

Nonetheless I have nothing against yuppies. I believe the more people on motorcycles, the better. Anyway, getting back to American Choppers, I wonder if this will spell the end for Orange County Choppers. Who knows? Anyway, I will be watching on Thursday as I am sure will all of you, to see what happens, and bid a farewell to a show that gave me enjoyment.

Now I leave you with a clip of the reality that apparently tore the Teutul family apart, Paul Jr.’s firing. Maybe now these guys can pull their heads out of their asses and be a family again.

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

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Orange County Chopper Father and Son in Bitter Lawsuit

American Chopper - Orange County Chopper Lawsuit

Paul Teutul Sr. and Paul M. Teutul jr.

I am sure that many of you in the motorcycle world have watched the TV show American Chopper. American Chopper is a reality TV show about the company Orange County Choppers. Its stars are the infamous Teutul family; Paul Teutul Sr., his son Paul Jr., and of course Mikey.

Paul Teutul Sr. and Paul M. Teutul had a very public falling out, which was chronicled on American Chopper. In the Season 6 premiere, Paul Sr. and son had a contentious contract dispute, which led to Paul Jr.’s departure from the company. After a brief reconciliation, Paul Jr. left the OCC for good to explore other opportunities. In later episodes, Paul Jr. was seen working as a consultant at Orange County Choppers.

It has been reported that Paul Sr. sent a letter to Paul Jr. exercising an alleged right to purchase Paul Jr.’s share of the stock he owns in Orange County Choppers since Paul Jr. no longer works there.

Paul Teutul, Sr. claims he had a deal with his son, Paul M. Teutul, in which he could buy his son’s stock from the Orange County Choppers Holdings, Inc. motorcycle company.

The father, who appears on the television show alongside his son, sent Teutul, Jr. a letter saying he would be exercising his right to buy the stock.

Paul Sr. apparently has filed the lawsuit to the Supreme Court of New York; however I have not seen a copy of the lawsuit heretofore. He also filed a suit against Orange County Choppers, Inc.

In the lawsuit, he claimed damages in excess of $1 million and is asking for an order from the judge to force his son to give him the stock.

My take on the situation is this; yes I have watched the show for years. It is better than watching some of the other crap on TV I will tell you that.

I have been a businessman since I was in my 20’s, when I first got venture capital to start Daylight Data Corporation in Los Angeles, and am now running a successful California law firm.

Being successful at business requires management expertise, capital, and luck. It appears to me that Paul Teutul Sr. has been a very successful businessman. He started out installing railings; he worked hard and built his business into a metal manufacturing company, and then started Orange County Choppers. He then used the TV show American Choppers as a marketing vehicle to build his successful business.

There is no doubt that his son really did help with Orange County Choppers, however, in the end, it is the businessman who keeps a company going.

I learned in law school that you never want to represent friends or family because you will never do well enough in their eyes no matter the outcome in a case.

You would think family run businesses would be the easiest to run because of the trust factor. Let me tell you, it takes a special kind of family to stick together to run a business. Unlike other businesses where you can hire and fire at will, it is kind of hard to fire your son, or your brother, etc.

It is a shame that the Teutul’s family business relationship has apparently broken down. My personal take on the situation is that Paul Jr.’s head grew too big for his britches. He designed motorcycles, he started making money, he got the big house, he got the nice looking girlfriend, he obtained fame, etc. He started screwing off at work. Not coming in on time. He became unreliable to his father. Above all, he disrespected his father on national television.

Look, I know full well Paul Sr. is an asshole sometimes. Hell, he and my father would get along well if they were too meet. Paul Sr. did not ask anything more of his son, than a son should give to his father and a family owned business.

Without Paul Sr.’s capital, management expertise, and experience, Orange County Choppers would be a non entity. Motorcycle designers and fabricators are a dime a dozen. Paul Jr. could be, and has been replaced. I think Orange County Choppers are putting out their best motorcycles now.

I think Paul Sr. wants nothing more than to have his sons with him; as sons, not as monsters.

In my honest opinion, Paul Jr. should go to his father, apologize for being an asshole to his father, make amends, and jump back into the family business. Maybe when his money starts to run out he will.

Life is too short and you only get one father in this world. Paul Jr. and Mickey should jump back on the team for the big win, especially for their family.

Good luck to Orange County Choppers in all of their endeavors.

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

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Tort Reform is a big Scam; Why Tort Reform will Hurt You and take away more of Your Freedom!

Tort Reform takes away your legal rightsWhen you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

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A Holiday Season of Suffering for Some.

Happy Holidays from the Law Offices of Norman Gregory Fernandez & Associates

California Motorcycle Accident Attorney Norman Gregory Fernandez

As I type this article I am thinking about the many motorcycle accident victims, the motorcycle passenger accident victims, the car accident victims, the truck accident victims, the slip and fall victims, and other personal injury victims whom I represent all over the State of California.

The life of a personal injury attorney is not easy, especially when you care about your clients.

I just got back from Redding, California where the deposition of one of my motorcycle accident clients took place. His life has been utterly devastated by a rear ender motorcycle accident. As a fellow biker I truly feel for him. I saw the tears well up in his eyes as he described how the motorcycle accident ruined his life in the deposition.

In the San Francisco airport on the way home, I spoke to the brother in law of a man who was killed while riding his Honda Goldwing, when a woman decided to turn right in front of him. His family is devastated. All he was doing was riding his motorcycle.

As I got in my car at the Los Angeles International Airport, I was informed by my staff that we finalized a very large settlement for a client who suffered massive injuries when a cager turned in front of his motorcycle in the San Fernando Valley.

While sitting in traffic on the way home after hours, I consoled a client who was massively injured in another motorcycle accident in the San Francisco Bay Area.

In my firm the above is the tip of the iceberg and only describes a little about what I do on a daily basis.

My job and my career as a personal injury attorney is to help those who are injured, and those whose family members have suffered a wrongful death. I help people on a daily basis.

While most people celebrate the holiday’s and are oblivious to the suffering of some, there are many out there who are not so fortunate.

I would like to send prayers out to all of my personal injury clients during this holiday season. This may sound corny, but I feel your pain, I suffer with you, I will endeavor to see that you get the very best medical attention; I will do everything in my power to get you the compensation you deserve. You are not alone.

Happy Holidays from the Law Offices of Norman Gregory Fernandez & Associates

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If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome, my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer. Click on the About Me Tab on Top to find out more about me

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