Tag Archive: california personal injury

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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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.

YouTube Preview Image

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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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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Bad weather in California causing hundreds of Car, Truck and Other Motor Vehicle Accidents; Be Careful.

California Personal Injury Attorney and Lawyer Norman Gregory Fernandez

California Personal Injury Attorney and Lawyer Norman Gregory Fernandez

As all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.

There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.

Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.

To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.

If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

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Researchers will Study Motorcycle Crash Causes and Prevention.

Researchers will Study Motorcycle Crash Causes and Prevention.Oklahoma State University will lead an ambitious new study with the Federal Highway Administration to better understand and prevent motorcycle crashes.

Between 1997 and 2008, motorcycle rider annual fatalities increased from 2,116 to 5,290 — a 150 percent jump, according to U.S. Department of Transportation’s Fatality Analysis Reporting System. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities.

The motorcycle crash causation study will be the federal government’s first major in-depth analysis of motorcycle safety in nearly three decades. A provision in the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” (SAFETEA-LU) requires the study.

OSU’s Oklahoma Transportation Center is one of the U.S. Department of Transportation’s 10 National University Transportation Centers, and it receives federal grants to conduct transportation research.

“OSU is delighted to be the lead research institution for this important study,” said Dr. Alan Tree, associate dean for research in OSU’s College of Engineering, Architecture and Technology. “We expect very significant, scientifically valid results to emerge from this work and look forward to a very positive final outcome.”

Despite years of steadily improving highway safety and roadway fatalities at historic lows, motorcycle riders remain one of the highest-risk groups on America’s roads. Nearly 5,300 motorcycle riders died in roadway crashes in 2008, accounting for 14 percent of all traffic fatalities, and 96,000 were injured.

Researchers will evaluate data from hundreds of motorcycle crashes to help identify common factors — including road configurations, environmental conditions and rider experience. The study’s focus is to look at how these factors may be affected by countermeasures that, if effectively implemented, will prevent motorcycle crashes or lessen the harm when they occur.

The National Highway Traffic Safety Administration conducted a pilot study to develop the protocols for the full-scale causation research. NHTSA also was responsible for the earlier motorcycle causation study, which was completed in 1981.

I applaud the new study on the causes and prevention of motorcycle crashed. I am no rocket scientist but I believe based upon my handling of motorcycle accident cases in the State of California that it will be found that a large percentage of motorcycle accidents are caused by reckless and negligent cagers driving cars, trucks and other motor vehicles.

In my humble opinion more effort needs to be made in getting drivers of car to recognize that motorcyclist and bikers have the same right to share the road as they do, and that they need to pay more attention to look out for bikers and motorcyclist.

I further believe that there has been a vast increase in the number of motorcycles on the road and this has also led to an increase in motorcycle crashed and fatal motorcycle accidents.

We will have to wait and see.

California Motorcycle Accident Lawyer and Biker Lawyer

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Brad Pitt’s motorcycle accident reports deny paparazzi sabotage

Actor Brad Pitt on motorcycle

Actor Brad Pitt on his motorcycle.

Actor Brad Pitt, who was involved in a motorcycle accident this past week in Los Angeles, California was reportedly wrecked at a red light by a stalking paparazzi.

The New York Daily News originally reported that the movie star was “hit by paparazzo while riding motorcycle in Los Angeles”, quoting TMZ as the source.

According to the report, “the bike was thrust forward into another car, causing him to lose his balance.”

Shortly after reports went viral, spreading across media outlets everywhere, TMZ.com posted a correction to the story, saying on their site they had more “factual” news after seeing the wreck video.

“We just spoke to someone who has seen video of the incident – and we’re told absolutely no one else was involved in the accident.”

Furthermore, they wrote “We’re told Brad tried to maneuver his bike between a parked car and a car stopped at a red light, and his handlebars clipped the parked car,” the site explains. “He lost control and fell over.”

Adding, still, the star’s health goes undisturbed. “Everything is fine,” the report adds.

California Motorcycle Accident Attorney and Biker Lawyer

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I Got the Swine Flu Shot Today; So Should You!

Biker Lawyer and Motorcycle Accident Attorney Norman Gregory Fernandez discusses the H1N1 Swine Flu Virus and Swine Flu Vaccine

Swine Flu Virus

*** 11/12/09 Update, Swine flu has sickened about 22 million Americans since April and killed nearly 4,000, including 540 children, say startling federal estimates released Thursday. Get a shot if you can!

*** 10-25-09 Update. All of the mild flu like symptons from the shot are gone after 1 day. This shot is no big deal. I hope it works!

My fiancé and I woke up early this morning, October 24, 2009 to go to Granada Hills, California to get our Swine Flu shots. After waiting for about an hour and a half, we were vaccinated. So far the vaccine feels just like the normal flu shot vaccine, it makes you feel a little bit like crap. It sure is better than getting the full blown Swine Flu I will tell you that.

This morning as we were leaving to go get the Swine Flu shot, I heard the announcement that President Obama had declared a nation wide emergency with respect to the Swine Flu. In my 46 years on this earth, I have never heard a President of the United States of America declare a national emergency for any illness. This declaration made my resolve to get the Swine Flue shot more firm. If the President is declaring a national emergency, he must know something we don’t. I would highly suggest that all you of reading this go out and get your Swine Flu shot!

With respect to how my fiancé and I were able to get some of the first doses that have become available in the nation; it is real simple; The County of Los Angeles in the State of California really came through for us and many thousands of people so far.

I first heard yesterday that The County of Los Angeles had received about a million of the rare Swine Flu vaccines, and were making them available for free at many different locations in Los Angeles County. Here is a link to where you can go in Los Angeles County to get your Swine Flu Shots, Click Here.

When we got to the Granada Hills Park where County employees were dolling out the Swine Flu Shots, and the Swine Flu Nasal Vaccines, there was a big line, but probably not as long as a Disneyland ride. There were old people, young people, pregnant women, children, you name it.

I cannot say enough great things about the employees of the County of Los Angeles. They were courteous, empathetic, helpful, polite, professional, and saving angels during this flu pandemic. They could have been rude, cold, and uncaring. Instead, they seemed to know that what they were doing would save lives. They took pregnant ladies, old people, and people unable to stand in line to the front to get their shots, and they served all of us Angelinos with a smile.

Therefore to you employees of Los Angeles County, you all get my Biker Law Blog top Medal for your service today.

Now with respect to the actual shot itself, as of the writing of the article, it has been about 10 or so hours since I got the shot. I do feel a little like crap, but I feel the same way after a normal flu shot.

We all know that there will not be enough shots to go around this year so I strongly suggest that you go out and get a Swine Flu shot as soon as possible. The only way to kill out a virus such as this is to deny it hosts. The H1N1 Swine Flu virus is a new virus that has never been seen on earth before. This means that none of us have ever had to fight off this bug before. It means we have no immunity to it.

You may have heard that the virus affects the young, pregnant women, and people with chronic illnesses more than others, but guess what; no one told the virus that. I don’t think the virus will be checking ID’s to see if you are in the high risk group; everyone is at risk.

Do the right thing; get the shot for you and your loved ones. If I end up getting sick I will let you all know; hopefully!

By California Biker Attorney and California Motorcycle accident Lawyer Norman Gregory Fernandez, © 2009

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Is Harley Davidson going to Survive the present Economic Depression?

California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez Harley Davidson Electra Glide

California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez's Harley Davidson Electra Glide

I recently read an article by Steve Parker of the Huffington Post which painted a bleak picture of Harley Davidson’s current, present, and future financial situation.

He cited an October 15, 2009 press release which stated:

“Worldwide retail sales of new Harley-Davidson motorcycles declined 21.3 percent in the third quarter compared to last year’s third quarter, an improvement from the 30.1 percent decline in this year’s second quarter. An 84.1 percent decline in net income and an 84.5 percent decline in diluted earnings per share from the year-ago quarter reflected lower motorcycle shipments and the effects of the economy on retail and wholesale loan performance at Harley-Davidson Financial Services.”

He also discusses Harley Davidson’s shut down of the East Troy, WI factory where Buell sport bikes are manufactured putting 180 people out of work. This adds to the 1,100 factory workers that Harley Davidson laid off in January 2009.

He also discusses the fact that Harley Davidson purchased Agusta Motorcycles of Italy for $109 million dollars in 2008 before the depression hit. Augusta also builds Cagiva motorcycles. Now Harley Davidson is looking to sell Augusta.

Steve’s article is downright disparaging of bikers and motorcyclist such as me who buy and ride Harley Davidson’s. He makes an analogy comparing Harley Davidson’s to Hummer’s, by stating (in his words not mine)

“Harley-Davidsons, like Hummers, are overpriced, overweight and overwrought. Buyers who wanted a Harley would accept nothing less, though, similar to Hummer buyers, and with fast and easy cash pouring through the economy starting in the 1980s and continuing through the end of 2008, the bikes sold in record numbers.

The company even established a modern image while still considered ruffian and gangster-like, something H-D does little to downplay in its advertising or even on its website.

Many recent owners probably would never have bought a H-D if “bigger is better” vehicles didn’t become a symbol of success in those phony mortgage-backed security years.

Is a Harley-Davidson nothing but a two-wheel Hummer? And is that necessarily a bad thing”

I think Steve is over reaching and full of crap in this regard. I myself do not ride a Harley Davidson for status. I love my Electra Glide and there is no comparable motorcycle like it on the market. A Honda Goldwing does not have enough leg room, and the other big touring bikes do not compare. Anyway, I am getting off subject here.

Steve goes on to cite the fact that the Love Ride was cancelled this year as a basis for his article which paints a bleak future for Harley Davidson.

He states that “But as it has for Hummer and other American motoring products including Plymouth and Saturn, the economy seems ready to come down on Harley-Davidson.”

Although there are some disparaging remarks about bikers and motorcyclist in Steve Parker’s article, it is a good read and raises some serious issues to contemplate with respect to whether Harley Davidson will survive the current depression.

You can read his article at The Huffington Post by clicking here.

By California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez, © 2009

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Billy Lane files a Motion to Reduce His Jail Sentence.

Billy Lane leaving Court *** 10/25/09 Update – The Judge has rejected this motion. I guess you cannot blame someone for trying to get out of jail right?

Imprisoned celebrity motorcycle builder Billy Lane wants a judge to give his fatal crash victim’s family another chance to say what kind of punishment he should receive, in hopes of getting his six-year prison sentence reduced.

Lane, 39, was sentenced in August to six years in prison after pleading no contest to one count of vehicular homicide for crashing his pickup truck head-on into 56-year-old Gerald Morelock’s motorcycle while speeding past slow traffic in a no-pass zone on Sept. 4, 2006.

During sentencing, the victim’s brother and nephew declined to recommend a punishment, but asked the judge to impose a sentence that would use Lane’s celebrity status to help save the lives of young people through a foundation they plan to create in Morelock’s name.

However, Lane’s attorneys recently filed a motion claiming the men have since expressed that intense media and public scrutiny caused them to be “vague” about their feelings on a prison sentence for Lane.

“They were sufficiently overwhelmed by the experience that they did not fully express their feeling that Mr. Lane would better be able to benefit society if he were not incarcerated,” the defense motion says.

The attorneys want Circuit Judge Robert Burger to give the Morelocks another chance to be heard and to reduce Lane’s sentence if he sees fit.

No hearing on the motion has been set.

I must admit, this is one of the most bizzare defense motions I have ever heard. If it is granted I will be shocked.

California Motorcycle Accident Attorney and Biker Lawyer

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Billy Lane Gets Six Years in Prison for Vehicular Manslaughter – A Follow Up.

Custom Motorcycle Builder Billy Lane is sentenced to 6 years in prisonYou can read many of the articles I have written on the Billy Lane case below or by typing in Billy Lane in the search box on the sidebar to the right.

Billy Lane is a custom motorcycle builder who got famous on reality TV shows like Biker Build off on the Discovery Channel in the early 2000’s. He then went on to make regular appearances on the motorcycle event circuit at events such as, Sturgis, Daytona, etc.

Billy Lane got rich and famous as a biker off of bikers. Then Billy Lane did something really stupid; he got shit faced drunk. Then, while his blood alcohol level was twice the legal limit he decided to jump into a free SUV given to him to drive as a promotional item by Dodge, along with a lady who rode in the passenger seat, and proceeded to drive.

While driving intoxicated, he decided to cross a double yellow line and hit a biker named Gerry Morelock head on killing Gerry Morelock. Although Gerry Morelock himself had been drinking, he was in no way responsible for the accident or his death. His only mistake that day was being in the wrong place at the wrong time.

As a biker, I empathize with Gerry Morelock, because it could have been me; it could have been any biker on the road that day. When you have an asshole like Billy Lane crossing a double yellow and plowing into you head on it really does not matter who you are, you are dead. Gerry Morelock is dead. He is dead because Billy Lane decided to get drunk and drive.

I have heard commenter’s on my Biker Law Blog make the argument that we should not talk shit about Billy Lane because we have all drank alcohol and driven, so who are we to throw stones? I say bullshit. How many of us have got drunk then crossed a double yellow line and smashed into a fellow biker head on, killing him?

Billy Lane and Dodge reached settlements of civil cases brought by the family of Gerry Morelock well before Billy Lane’s criminal case was resolved.

So Billy Lane was sentenced to 6 years in the pokie, (prison) by a Vera, Florida Court. He was also placed on three years of probation following his incarceration, and the loss of his driver’s license for life. For basically murdering a man, he got off real light.

May Gerry Morelock rest in peace.

By California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez, Esq., © 2009

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Breaking News- Anaheim, California – DUI Checkpoints and Patrols Scheduled for Today, Saturday, October 17th, 2009, and Sunday, October 18, 2009, and more!

Anaheim dui checkpoints and rousting bikers and motorcyclistThe following is directly from a press release from the Anaheim Police Department. It was not written by me.

### Beginning of Press Release.

The Anaheim Police Department host a total of 6 Sobriety and Drivers License checkpoints, starting with one on Harbor Boulevard near La Palma Park on Saturday, October 17, 2009 from 8:00 PM to 3:00 AM Sunday, October 18, 2009. In addition to checking for DUI drivers, officers will be checking those driving with suspended licenses. Safe driving pamphlets will be handed out to drivers screened at the checkpoint. Checkpoints are designed to bring DUI awareness to the most number of drivers.

The Anaheim Police Department has been awarded a DUI enforcement and awareness grant to combat DUI for a total of $205,115. Funding for this program is provided through a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. This funding will supplement the departments’ overall commitment to lower DUI related traffic collisions. These additional monies will fund additional sobriety checkpoints, DUI patrols and other efforts to help bring about a zero level of DUI in the city of Anaheim.

The additional saturation patrols funded by the grant will increase the number of officers in the field to help assist the program “Report Drunk Drivers: Call 9-1-1”. With the grant’s funding, Anaheim Police will add 4 additional officers to the field nearly every weekend during the next twelve months. These additional officers will be able to respond quicker to 9-1-1 calls by those reporting erratic drivers on our streets. New this time is the addition of the OTS Motorcycle Safety Campaign.

The Anaheim Police will conduct four Motorcycle Safety and Enforcement programs over the next year. The department will take to the streets and focus on the motorcycle rider. Officers plan on working with motorcycle shops, clubs and dealers in the area to first educate the rider and then ensure they are in compliance with the law. DUI and the proper use of helmets will be the first on the list as these are the primary causes of death and serious injury to the motorcycle riding public.

For any media questions, contact Sergeant Rick Martinez at (714) 497-6608 or email him at Rmartinez@anaheim.net

## End of Press Release.

Notice the part about the motorcycle safety and enforcement programs. It looks like the writing is on the wall in Anaheim and they are going to start rousting bikers, motorcycle riders, and shops. If this occurs, I say boycott Anaheim. We have a right to be on the street too.

California Motorcycle Accident Lawyer and Biker Attorney

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

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