Tag Archive: Dangerous Conditions

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

 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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Special Problems Related to Motorcycle Accidents.

california motorcycle accident attorney and biker lawyer Norman Gregory Fernandez, Esq.I have been a long time rider of motorcycles, and as such have intimate knowledge of the special issues and problems related to Motorcycle Accident cases. I understand from a “riders” point of view how motorcycle accidents normally happen and the catastrophic injuries that can result from motorcycle accidents.

Most motorcycle accidents occur for two reasons; cagers (people driving in cars, also known as cagers to the riders of motorcycles.) either fail to see the motorcyclist before the accident, or demonstrate a reckless indifference towards the right of a motorcyclist to share the same road as their car for whatever reason.

Most motorcycle accidents occur at intersections on city streets. It’s usually the same old scenario, a car or other vehicle makes a left hand turn in front of the motorcyclist who has the right of way, causing the motorcyclist to either: (1)”lay it down” if he or she has time; (2) Violently swerve to avoid the impending collusion, usually resulting in the motorcycle striking another object; and/or (3)The motorcycle slams into the vehicle throwing the ride into the air.

There are many other motorcycle accident scenarios which will not be discussed here, but with which we (and you as well) are intimately familiar.

The Cager usually uses the same old excuse; I did not see it. In some instances it has been reported to us that Cagers seemed to have purposefully swerved into or ran a motorcycle off the road for whatever reason. In the instance of this type of conduct, we would consider the case to be an intentional act and seek punitive damages from the cager.

In California, lane splitting is legal. Many accidents occur when cagers change lanes right into a motorcyclist, while the motorcycle is splitting lanes. Sometimes cagers will actually swerve over to cut off the motorcyclist who is splitting lanes just because they are angry that they have to wait in traffic or for whatever other reason.

Pursuant to California Law, Motorcyclist have the same rights to use public roads, as other motor vehicles. The excuses that we have heard used as defenses to cagers hitting or cutting off motorcyclist just do not cut it. “I did not see him,” is no excuse. Each motorist on the road has a duty of due care to watch out for their fellow motorist.

When you are selecting a lawyer for your Motorcycle Accident Case, ask him one simple question; Do You Ride?

It is very important to select a lawyer that actually knows from a riders point of view how motorcycle accidents happen. I do not ever suggest retaining a lawyer for your motorcycle accident case just because you see a fancy ad in a magazine. That does not mean squat. What matters is retaining a lawyer who rides and who has the knowledge to get you through your case.

You may contact me through my website if you have had a motorcycle accident in California by clicking here.

Keep Both Wheels on the road!

Norman Gregory Fernandez, Esq. copyright 2006

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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

I created this site to provide information to the motorcycle and biker community, as well as general California Personal Injury, and Family Law Information to all.

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