If you have god forbid been injured in a motorcycle accident anywhere in California, give me a call anytime 7 days a week, 24 hours a day at 800-816-1529 x.1, to discuss your case.
I can get you medical treatment even if you do not have medical insurance,
I will send my investigators to you so you do not have to come into the office.
I will work to get your motorcycle fixed.
I will work to get you all the compensation you are entitled to for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, emotional distress, and more.
I am not some marketing scam that you have seen posting flyers all over motorcycle rallies, or biker rags nationwide. I am not “an association of lawyers” who has attorneys paying me money to advertise for them nationwide, and then farms cases out to them. I don’t pass out trinkets and goodies at motorcycle rallies to make you think that I am something I am not. I am not some generic non-riding personal injury attorney who has designed a fancy website to get you to think that they are biker lawyers, which they are not, I am a real deal biker like you. My firm and I handle the actual cases that come in. We say what we are, and are what we say, experts in motorcycle accident cases.
Read my blog below. I am an expert in motorcycle accidents. Like you I am a real biker who rides, and I am an expert in personal injury cases.
Don’t be suckered into signing up with a firm because of fancy advertising, or who do not ride motorcycles, who says they ride just to get you to sign up with them. Don’t be fooled by fancy ads. I am a top rated attorney who rides in the wind just like you.
Enjoy my articles below, there are hundreds of them!
I have been a personal injury attorney for almost 20 years. I have been riding motorcycles over 40 years. The one thing I can say for certain is that a motorcycle with 2 wheels, has much less traction than a car with 4 wheels.
Further, a motorcycle wheel has much less traction than a car wheel, because the motorcycle wheel is rounded, whereas a car tire l is flatter and has more area of rubber on the pavement.
With that being said, it’s very important for motorcycle riders to not tailgate, and to keep a safe distance and speed from the car in front of them, so they can stop in case the car comes to a sudden and unexpected stop.
I know of many instances where individual riders, groups of riders, and even motorcycle clubs have had mass accidents, because the people in the front are tailgating or riding to close to the cars in front, the car suddenly braked, causing a chain reaction crash.
I just gave a consultation to a gentleman who in his mind thought he was not at fault, when he had to lay his motorcycle down on a freeway on-ramp because the car in front of him came to a sudden stop.
Apparently there was a crosswalk on the on-ramp, and a pedestrian was within 20 feet of the crosswalk when the car stopped. In the biker’s mind, the car should not have stopped for the pedestrian. It never occurred to him that he should have kept a safe distance from the car in front of him so that in case the car stopped he could stop.
I had to tell him that it was he, the motorcycle rider, that was at fault in that instance.
Not only do motorcycles take more time to stop in an emergency situation than a car because of less traction area on the pavement, but the consequences of crashing can be catastrophic to motorcycle riders.
Basically it’s not worth your life. I know guys who tailgate when they ride. It drives me crazy to ride with these guys, and I absolutely will not stay with them, I will stay back so that in case the cars brake they’re going to eat the back of the car not me.
Ensure that you keep a safe distance and speed from the car in front of you, and anticipate that the car may slow down or suddenly stop. If you ride with this in mind you will be a safer motorcycle rider.
Motorcycle accidents can be tragic as well as upsetting events.
The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.
A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.
Additional causative factors
Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.
An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.
Be careful out there when riding your motorcycle.
Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.
** December 19, 2011 Update: I regret to inform you that David Landowski the rider of the motorcyle, age 53, died of his injuries Sunday night. May he rest in peace.
The following news was reported today as a short blurb in the press.
Northridge – California A motorcyclist suffered severe injuries during a two-vehicle crash in Northridge, California police said today.
The traffic accident occurred about 6 p.m. Friday at the intersection of Lindley Avenue and Rayen Street, according to the Los Angeles Police Department’s Valley Traffic Division.
According to police, Charles Giarratana, 62, driving a red Ford Explorer northbound on Lindley Avenue made a left turn onto Rayen Street where he struck David Landowski, 53, who was going southbound on Lindley Avenue on a white and purple-colored KTM 620SX motorcycle.
Landowski, a resident of Canyon Country, was transported to an area hospital with severe injuries. It was not immediately known if Giarratana, a resident of Reseda, was cited or arrested. Anyone who saw the traffic crash was asked to call the LAPD’s Valley Traffic Division at (818) 644-8036.
The only people who would probably read and care about news such as this are people that ride motorcycles, their friends and family, and the people in the article.
It is doubtful that average people would even read let alone care about a man on a motorcycle being hit by a negligent idiot in an SUV.
For me, a California Motorcycle Accident Lawyer and an actual motorcycle rider, this article brings forth many thoughts.
The vast majority of motorcycle accidents on city streets are caused by some idiot making left turns in front of or into a motorcycle rider because they do not look for motorcyclist, they do not see the motorcyclist, or they think they can beat the motorcyclist before they turn.
The innocent motorcyclist may not even see the negligent driver making the left turn until they are right in front of them, or not at all.
Their life is changed in an instant.
I wonder if David Landowski riding his KTM 620SX motorcycle saw Charles Giarratna turning before he hit him? I wonder if Charles Giarratna has any clue what damage he has caused to the life of David Landowski simply because he did not look before he made the turn, or tried to turn before David rode past him?
Either way one thing is certain, David Landowski’s life will never be the same again.
The newspaper article stated that David Landowski was transported to the hospital with severe injuries. I pray for him and his family that he will survive. If he does survive he will probably suffer months or even years of excruciating pain, loss of enjoyment of life, and emotional distress, not to mention loss of income, a career, or a job, tremendous medical bills, and maybe not ever being able to return to a normal life.
Some riders such as David will never be able to ride a motorcycle again, some lose limbs, some suffer permanent debilitating injuries, and some never recover.
So the next time you read a little news blurb about some idiot making a left hand turn in front of a motorcycle rider and hitting him or causing the motorcycle rider to hit the car or truck because the car turned in front of the motorcycle, think about the fact that the motorcycle rider’s life was changed in an instant.
There is tremendous human pain and suffering, support to family lost, and life’s irreparably harmed in such little news blurbs.
The next time you are out riding in your car, SUV, truck, etc., look for us motorcycle riders. You do not want to have the thought of destroying someone’s life on your conscious.
Many motorcycle riders are seriously injured and die each year when they fail to negotiate turns or curves, and either end of in the opposing lane of traffic, or they lose control and crash.
It is unbelievable to me just how many experienced riders sometimes fail to properly negotiate turns or curves on the road, especially when riding canyon roads, or twisties.
What is the main reason for motorcycle riders failing to negotiate curves or turns? Excessive speed is the main reason.
If you ride too fast through a curve or turn, chances are you are going to either end up in the opposing lane, or you are going to crash.
What is the main way to avoid crashing on a curve or turn? Slow the hell down!
Many motorcycle safety courses teach that you should slow down before you enter a turn or curve, and never to brake or downshift while in a curve or turn. I say bullshit.
Look I have been legally riding motorcycles on the road for 32 years, since the age of 16. In my own personal experience, sometimes it is hard to judge if you are entering a curve or turn too fast.
If you have entered into a turn or curve too fast on your motorcycle, you need to do anything you can not to panic, not to cross over the yellow line into opposing traffic, and not to crash.
My rule is that if you are in a curve or turn too fast, do what you have to do to safely get through the turn or curve. If that means hitting the brake, do it. If that means downshifting, do it.
I have ridden with guys who absolutely refuse do brake or downshift in a turn or curve. I have also seen these guys both in front of me, and in my rear view mirror cross the yellow line into oncoming traffic. Thank goodness none of them have ever crossed the yellow line when a car was right there or they would have been a windshield bug splat.
They teach you in motorcycle safety courses that before you enter a curve you should direct your motorcycle to the farthest part of the lane away from the turn so that you can theoretically see around the turn more.
For instance if you are going into a left curve they say you should direct your motorcade more to the right so that you can see around the left curve, and if you are going into a right curve you should direct your motorcycle more to the left so you can see around the right curve.
They teach that you should not look at the road, but that you should look around the curve to where you are going and that your motorcycle will tend to go where you are looking.
Some say that you should put your knees close into the tank to help you get around the curve, and some say that you should concentrate on counter-steering to properly get around a curve.
I say they are all right to a certain extent.
However, when you are actually riding your motorcycle, you will find that you will at times have to look at the road and not just where you want to go when going around a curve, you will find that sometimes it is not safe to go to the farthest part of the lane away from a curve because of oncoming cars or debris on the shoulder, and you will find that concentrating just on counter-steering is sometime dangerous.
In the end the safest thing to remember when going around curves is to keep a safe speed period.
The one thing that will make you panic or feel uncomfortable more than anything when going around a curve whether it be on a mountain pass or on a highway curve is excessive speed.
If you first let off of the throttle, you motorcycle will naturally start to slow down because of the action of friction and the engine.
If you are still going to fast don’t be afraid to apply a little front brake, but not too much because you may lose control. I like to apply both front and rear brakes.
If the turn is wet applying too much rear brake may make you slide out.
If you are still going too fast, downshift into a lower gear if you can safely.
If there are cars or other motorcycles behind me, and I am downshifting into a lower gear to slow down, I also try to tap my brake a bit just so the persons behind me can see my break light so they don’t rear end me.
Even with plenty of practice and riding experience, riding through turns and curves requires current practice and experience.
The worst riders are sometimes the people with the most experience because they think they are the great riders so they sometimes do not exercise the caution that they should.
Riding a motorcycle is not like riding a bike. Each time you are out, you need to exercise caution and ride at a safe speed.
Well with Palm Springs American Heat I have finally had enough with what I think is a disgusting advertising practice by what in my opinion are bottom feeder personal injury lawyers.
In Palm Springs a certain so-called Biker Lawyer group had some scantily clad young girls aggressively coming up to people who were walking by saying that they worked for a lawyer who actually rides, as they tried to force feed passerby’s their business cards, and cheap novelties and trinkets.
I told the girls who came up to me, “Sorry, I am a Biker Lawyer who actually rides.” They kind of had a shocked look on their faces.
You see, I actually ride to many motorcycle events all over the nation. This year was no different.
All of a sudden there are a certain group of the same personal injury lawyers showing up at events calling themselves “Biker Lawyer” and “Lawyers that ride” at motorcycle events.
To me a Biker Lawyer and a Lawyer that rides, is someone like me who is a lawyer and who also is a biker that rides motorcyles. It is a real simple concept, not some bullshit marketing slogan!
I think that I may have been the first Biker Lawyer to coin that term back in 1997 or so, because I am a lawyer who really rides. Once I started putting it out there on my website and on my blog, all of a sudden I saw other lawyers claiming the same thing.
Well now all of a sudden there are groups of lawyers showing up at motorcycle events all claiming to be “lawyers that really ride.”
It is not that I do not mind competition, hell I think it would be great to find a group of lawyers that actually ride motorcycles, hell I would like to go ride with them and make some new friends.
But what I really think is going on is a marketing gimmick aimed at bikers, and the way I see it, showing up at a motorcycle rally with a booth telling people if they crash their motorcycles, to call them, is disgusting and despicable to me.
In two words it is “Bad Karma.”
At the Las Vegas biker rally a few weeks ago, as we were walking by one of these booths, some guy sitting on his ass in the booth looked at my wife’s hat and said in a smart ass way, “who is the biker lawyer?” (The hat said Biker Lawyer, www.bikerlawyer.net on it) I told him I was. I also told him that I don’t sit at booths at motorcycle rallies; I actually ride to the rallies.
He had a stunned look on his face because I was actually in my biker garb because; yes I was riding, unlike him.
Curious about what it actually takes to be a Biker Lawyer with one of these organizations that has started up in the last couple of years I believe; I contacted one who I think was based in Arizona if I am not mistaken. They sent me a bunch of literature. At the time I contacted them, they had some firm based in San Diego as their only California firm.
In researching them, I saw no indication whatsoever that anyone from the firm listed for California at the time rode motorcycles. Matter of fact, I never even heard of them! Now it could be that someone from that firm actually rode motorcycles, it all seemed fishy to me.
Basically, I was told that if you pay at the time I contacted them, approximately 10k or so yearly fee to the organization I am referring to, you can be a Biker Lawyer with their group.
They would advertise for cases for you, and send you the cases in your territory. Very interesting!
Now the casual person looking at this group would think that it is all the same organization. Well it is not. It is a marketing vehicle that attorneys pay to be a part of.
Nowhere on the application did it ask if you actually ride motorcycles. Further, they hold themselves out to be Lawyers that really ride.
I think this practice is very misleading. I think consumers and bikers should be notified that lawyers pay a fee to be a part of this organization, and I think each of their lawyers should actually ride if they are going to advertise that they are lawyers who ride!
My next question is that most States require you to be licensed in that particular State to practice law in that State. You can apply to represent an individual in Court on a one or two time basis if you are an out of state lawyer, however, you cannot do it all the time.
So I wondered, how do the now 3-5 groups of lawyers that show up at all of the biker rallies, and that advertise in all of the biker rags, actually practice law in all 50 states legally.
The answer is that they cannot. It appears to me that these groups of lawyers that are advertising nationwide either have some kind of fee splitting deal going on with lawyers in the different States so the main lawyer will advertise and get cases for them, and then they will share the attorneys fee with the guy in the State actually doing the case, or they have some kind of marketing scam going on, where the attorney pays a fee like the organization I contacted, and the main attorney will advertise, and then send cases to the lawyers who are paying their franchise fee.
I think this entire practice is misleading, and despicable.
I saw American Chopper last night where even another group that I have never heard of before has popped up. It appears to me to be another marketing setup where they have created a website to target nationwide the “niche” market of motorcycle riders.
After digging deep into their website, it looks like the main law firm sponsoring their “Biker law” marketing campaign is based in Pennsylvania, and they too are claiming that they are lawyers that ride. I have no clue how this site or law firm work, but again, unless they have attorneys licensed in each state, they too must have some kind of fee splitting or franchise type of deal going on.
They do not limit themselves to just one State on their website.
On the TV show, they had a guy who they represented to be an attorney come in and order a custom bike to honor the firefighters or something to that affect. Somewhere it stated that he was the “lead counsel” or “managing counsel” of the biker law end of the firm. What the hell does that mean?
Anyway, at the end of the show there were a bunch of people in t-shirts with the biker law website address on it.
I almost threw up. You got to admit these people are marketing geniuses. They get an hour of TV advertising for what looks to be new operation, and all they had to do is pay (probably overpay) for a custom chopper from Orange County Choppers.
In the end there sits us real bikers. What are we supposed to believe is true?
First, I think that no lawyer should be going to motorcycle events and advertising for motorcycle accident cases. People are at the events to have fun, not to have the fact that they could crash shoved down their throats by a bunch of marketing hacks.
Second, I think that all of these firms should be forced to disclose the truth about their organizations, i.e., whether they are a fee splitting shop, whether lawyers pay them to have cases sent to them, and who in fact is the real biker lawyer in their organization.
I personally know at least two major attorneys in the so-called biker lawyer nationwide marketing scam, and neither of them rides motorcycles. One of them even stated in the Los Angeles Times in an article that he does not ride; because he wants to see his grandkids grow up. The article featured one of their new associates who had just got a Sportser, who had ridden for less than 6 months. (This guy has since left and opened his own bike lawyer shop)
So here I sit a humble real California Biker Lawyer who actually rides motorcycles. I am the friggen real deal. I am not playing some marketing scam on my clients. They know what they are getting when they retain me.
If you are in California and want the real deal call me; 800-816-1529 x.1.
For the rest of you there is a saying; Caveat Emptor, which is Latin for let the buyer beware.
Finally, you can have a say so if you also don’t like these bottom feeders showing up at our motorcycle rallies, simply don’t call them if you have an accident.
With a little research you can find someone like me who actually ride’s and is not part of some marketing operation geared towards bikers!
PACOIMA CALIFORNIA – Two people died Sunday after crashing their motorcycle into a big rig on the 5 Freeway.
The crash happened on the northbound 5 Freeway at Branford Street before 11 a.m. Sunday at just as bikers were crowding the freeway for the 28th annual Love Ride charity fundraiser.
According to California Highway Patrol officials, the driver of the motorcycle was between lanes when he collided with a big rig, throwing the rider and passenger underneath the truck where they were both run over, instantly killing himself and his female passenger.
“During 28 years of the Love Ride, we have not had a single fatality,” Shokough said. “This is sad beyond words. My heartfelt condolences and sympathies go to the family and the friends of these two riders”
Two others were treated on scene for minor injuries and another was taken to a local hospital for treatment.
Led by “Tonight Show” host Jay Leno, today’s event was expected to draw over 18,000 bikers and raise as much as $1.7 million for charities, including this year’s designated charity, Autism Speaks.
Love Ride was established in 1984 by Harley-Davidson of Glendale.
The only reason Liz and I were not doing this year’s Love Ride is because I am having a surgery on Friday, and I needed the weekend off.
News of this accident makes me sick as it would any biker who rides motorcycles.
Here in California most of us bikers and motorcyclist split lanes because it is not illegal, and traffic is horrible.
It appears that the guy who was killed in this wreck may have been splitting lanes.
I myself have split lanes countless times and I can tell you what, when I get next to a big rig I always get nervous, especially when there is nowhere to go.
I am not going to use this news to write an article on how to lane split.
My prayers and condolences go out to the family and friends of the rider and passenger who were killed in this accident.
I am a Motorcycle Accident Attorney who handles motorcycle accident cases all over the State of California. Unlike all of the other lawyers out there advertising for motorcycle accident cases, I actually ride motorcycles.
I have a unique incite above all other lawyers who do not ride motorcycles because I am actually a biker like you.
I cannot tell you how sick and tired I am of getting a new motorcycle accident case, where my client has suffered catastrophic injuries, and the person at fault has minimum $15,000 coverage, no coverage, or coverage nowhere close to covering the damages in the accident.
Look let’s face it, we motorcycle riders are far more likely to be seriously injured or even killed in a motorcycle accident, then those who ride 4 wheel cars or trucks. Unlike the person in a car who has a metal cage around them, all we have is the helmet and clothes on our body to protect us. When we hit the ground at speed we tend to suffer more serious injuries.
It is smart and prudent for those of us who ride motorcycles to protect ourselves financially in case we are in an accident.
So you may ask how we protect ourselves financially in case we are in a motorcycle accident.
It is simple; we buy enough insurance to cover the risk of catastrophic injury in case we are in a motorcycle accident.
How do we buy the right insurance? It is simple, in California, most uninsured motorist coverage policies also cover under insured motorist as well. In other states or even California, you want to make sure you have uninsured motorist and under insured motorist coverage in an amount of no less than $500,000 dollars. I suggest that you have at least one million dollar uninsured motorist and under insured motorist coverage for motorcycle accidents.
Uninsured motorist coverage will cover you in case a person who is at fault in an accident has no insurance.
Under insured coverage, covers the difference between what the at fault driver insurance policy limits are and your coverage. It gives you the option of deciding how much coverage you will need.
I also suggest that you maintain high liability coverage limits as well (In case you are at fault) for your passenger in case you are in an accident where you are at fault.
Finally how do you cover yourself for an accident that you are at fault in? You can get comprehensive and collision coverage to cover your motorcycle, rental car coverage to cover your loss of use of your motorcycle, and medical payment coverage to cover your medical bills.
Most policies that I have seen only cover medical payments up to $10,000; however I am sure you can get more coverage depending upon how much you are willing to pay.
So there it is there are no more excuses for not enough insurance coverage to cover you in case you are in a motorcycle accident. Call your insurance agent and get yourself covered.
I do not want to find myself one day trying to explain to you why after you have suffered a million dollar injury, you will only get $15,000 in your motorcycle accident, because the person who is at fault only has minimal coverage, and no assets to pay you a million dollar judgment.
Besides, if you do get a million dollar judgment against an at fault driver, all they have do to is go bankrupt to get rid of the debt to you. The right insurance is almost always the only way to protect yourself financially in a motorcycle accident case.
If you or your family have been the victim of a motorcycle crash, truck crash, car crash, or other motor vehicle accident anywhere in California call us for a free consultation at 800-816-1529 x. 1, or go to http://www.thepersonalinjury.com.
A California Highway Patrol officer was hospitalized with major injuries Tuesday afternoon after he was knocked off his motorcycle by another driver during an attempted traffic stop on the 134 Freeway, according to a CHP traffic report.
Officer J.D Fields, 59, an Altadena resident, suffered a broken femur and wrist after the accident, which occurred around 1:40 p.m. near the intersection of the 134 and 2 freeways in Glendale.
Fields had seen a vehicle pulled over on the side of the road and moved into the right lane, put on his lights, and slowed down to approach the car.
A woman driving a 2010 Nissan vehicle was behind him and failed to see him slow down, according to the report. She veered quickly out of the lane and then “for unknown reasons,” moved back into the right lane and hit Fields’ motorcycle, the report states.
Fields was thrown from the motorcycle and onto the road. He was transported to the Huntington Hospital shortly after the accident.
The cause of the collision is still under investigation, according to the report.
This crash brings to mind a safety feature for motorcycles that I think should be implemented; a brake light that triggers with sudden deceleration of a motorcycle.
Let me explain. We, who ride motorcycles, tend to downshift to decrease our speed on most if not all occasions, before we hit the brakes.
If a car traveling fast behind us, does not see brake lights when we downshift to slow down, they do not know we are slowing down, and they rear end us.
I think that is exactly what happened in this rear ender of Officer Fields.
I have been on rides and seen motorcycle on motorcycle rear end collisions due to the same reason.
If there was a sudden decoration device on our motorcycles that triggered the brake light, I think we could save many a biker and motorcyclist lives.
For you inventers out there, maybe you can come up with something. Maybe a device like this should be mandatory for motorcycles.
It would appear that Officer Fields in the accident mentioned above, not only has a Workers Compensation case against the California Highway Patrol, and a separate Personal Injury case against the woman who hit him from behind.
The law in California is that a person driving behind another person, has a duty to maintain a safe distance from the car or motorcycle in front of them, so they can stop in case the vehicle in front of them stops. It appears that the woman is at fault in this case.
If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.
The dump truck driver responsible for the deaths of four motorcyclists in a horrendous rear ender crash in Arizona has been arrested after toxicology results found methamphetamine was in his system on the day of the crash.
46-year-old Michael Jakscht is being charged with 4 counts of manslaughter, 5 counts of aggravated assault, and 7 counts of endangerment. He is being booked into the Maricopa County Jail.
Phoenix Police say that Jakscht was driving the truck that plowed through a group of eight motorcycles stopped at a red light at Carefree Hwy and 27th Ave back on March 25.
Three men caught under the truck and dragged were killed almost instantly. They were 67-year-old Clyde R. Nachand, 35-year-old Daniel L. Butler, and 52-year-old Stephen Punch. A female driver, 47-year-old Dayle Veronica Downs-Totonchi, died the next day from her injuries.
Phoenix Fire Captain Ernie Lizarraga was also one of the several victims seriously injured.
Officers arrested Jakscht Tuesday in the area of Highland and State Route 51.
Jakscht was being watched at his residence in Scottsdale. The surveillance team saw him leave and he was stopped by officers who observed impaired driving behavior.
Jakscht has been under surveillance ever since the fatal crash, as police waited for toxicology test results. The test results were completed in record time and illegal drugs — methamphetamine — were found present in Jakscht’s system, according to police.
Crime lab tests usually take between 4 to 6 weeks, but police made this test a priority and it was completed in two.
There are possible charges pending for impaired driving.
The accident is still under investigation.
I cannot believe that Arizona waited so long to arrest this guy.
**** 3-29-10 Update: There was a big turnout of bikers to pay homage to the downed bikers who were killed and injured in the horrible accident. You can see a video by clicking here.
**** 3-27-10 Update: 4th person died in this crash. I have modified the title to reflect this fact. The victims, and the person who caused this crash are also identified. You can read about it, and see a video by clicking here.
**** 3-26-10 Update: Here is a link to another article on this horrible crash and a video.Click Here
A group of eight motorcycles stopped at a red light in north Phoenix were mowed down from behind by a dump truck early Thursday afternoon, killing three riders and injuring six others, at least one critically, authorities said.
The most seriously injured was an off-duty Phoenix Fire Department captain who was in very critical condition Thursday evening, said Phoenix police spokesman Detective James Holmes.
The motorcyclists were stopped behind a pickup and a small SUV at the red light when the truck driver rammed them from behind, he said. The truck ran over the motorcyclists and continued into the small SUV in front of them, Holmes said.
There was no sign the truck driver was impaired.
Some of the motorcycles burst into flames under the dump truck, while others ended up scattered behind the truck. Television images of the crash site showed a horrifying collection of mangled chrome Harley-Davidson bikes and scattered personal belongings, including pairs of riders’ boots laying in the roadway.
“It’s a horrific scene,” Phoenix Fire Deputy Chief Frank Salomon said.
Some of the injured were airlifted to St. Joseph’s Hospital in Phoenix, Salomon said.
The crash occurred about 1 p.m. at the intersection of 27th Avenue and the Carefree Highway. Holmes said at least one of the victims was a woman, but most were men.
Jarrod Cook, a worker at the nearby Ketzal Mexican Grill, said he saw several motorcycles wedged underneath the garbage truck, which caught fire.
“The first thing we saw was a big puff of smoke when the truck lit on fire,” he said.
Cook said he walked over and witnessed a chaotic scene with some of the injured lying on the ground.
Dozens of police and rescue personnel responded to the crash.
Phoenix Fire Department spokesman Jonathan Jacobs told KNXV-TV that witnesses reported seeing several of the motorcycle riders dragged 50 to 75 yards after impact. The three bikers killed were trapped under the truck, Jacobs said.
The 50-year-old driver of the truck was not injured and was being questioned by police. Those in the pickup and SUV also were not hurt.
The Carefree Highway was expected to be closed for several hours as police investigate the crash.
Although I am a California Motorcycle Accident Attorney and Biker Lawyer, I ride through Arizona all of the time. As a matter of fact, I will be riding through Arizona in a couple of weeks. I am absolutely appalled by this accident.
You tell me how a truck driver could not see 8 motorcycles parked at a red light, let alone the red light itself. Absent some catastrophic equipment failure that can be proven, the truck driver in this accident needs to be taken down by the man for murder or vehicular manslaughter.
This accident is absolutely atrocious and horrible.
If you are a biker or a motorcyclist, and you actually ride your motorcycle, you have probably had a run in with loose gravel on the road or a parking lot at some point or another. It can be a real bitch to say the least.
Talking to a new client this evening brought up some bad memories I have had riding though gravel in the past myself, not to mention the many cases I have handled of motorcycle accidents caused by loose gravel.
My new client, who we will call Lucy for this article, was a passenger on a motorcycle that was being driven by her ex-boyfriend that went down when they hit a patch of gravel.
He was pinned underneath the motorcycle, she was thrown off and suffered severe injuries.
I am representing Lucy the passenger.
As she described it, they were not riding fast, and they turned into onto a familiar street, and then the bike (a Harley Davidson) just kind of slid out from underneath them for no apparent reason. Once they were down they realized that they hit a patch of gravel. Both were injured.
As we all know or should know, a motorcycle only has 2 wheels that we balance on when riding. Unlike a car or other cage vehicle, generally a motorcycle’s 2 wheels have a very small tread area that actually contacts with the ground when we are riding. Yea I know that some of you have 200’s on the rear, or fat racing slicks on your sport motorcycle, but that is not the norm.
Most of us have a very small amount of tread that contact with the ground when we are riding. If we ride over loose gravel, sand, or rocks on the road, it can very well cause your motorcycle to slide out from under you and ruin your whole day.
My worst experience with gravel happened on a very lonely unnamed off ramp on Highway 40 in Arizona between Flagstaff and Kingman in the middle of the night. My then fiancé and I got off to get some gas. It was pitch dark. No lights at all except for my headlight. The gas station was on the other side of the interstate under a bridge. There was no light from it at all when I got off.
As I turned left my motorcycle slid out from under me. I am no expert rider, but I managed to keep the motorcycle up. I was scared shitless. Had we gone down, we could have been run over by someone speeding down the off ramp due to no light, or we could have been laying there for quite some time. We were literally in the middle of no where, in the middle of the night. (Just the way Bikers like it.)
When we got to the gas station I told my fiancé what happened. She was so tired that she had no clue that we almost ate it.
Who is at fault if an Accident is caused by loose gravel, or on the Road?
Generally the person operating the motorcycle has a duty of due care to ride the motorcycle safely on all surfaces, therefore the rider is responsible.
However, it can also be argued that it is reasonably foreseeable to private persons, private property owners, or governmental entitles, that loose gravel or sand on hard pavement can create a dangerous condition to persons riding motorcycles because these vehicles balance on two wheels only, and loose gravel or sand can cause them to go out of control.
In other words, an experienced Biker Attorney and Motorcycle Accident Attorney such as me can and will go after a person or entity that knowingly puts loose gravel or sand on a road that is used by motorcycle riders, because it creates a dangerous condition that they either know about, or should know about.
This is a very good reason why you do not want to go to a garden variety personal injury attorney who advertises that they do motorcycle accident cases, but has no clue what it is to actually ride a motorcycle. Only a real biker and rider of motorcycles understands the gravel or sand problem as it relates to motorcycle riders. I understand the problem because I have experienced it.
So there it is; if you go down due to loose gravel or sand on a public or private road, or even a parking lot anywhere in California, you should give me a call for a free consultation at 800-816-1529 x. 1. I will tell you over the phone if you have a good case.
Motorcyclists are among the most vulnerable motorist on the road. A motorcyclist who is involved in a collision with a four wheeled motor vehicle such as a car, pickup truck, etc., it at a severe disadvantage.
Often times motorcycle accidents result in the death or disability of the motorcyclist. It is not hard to lose a limb, seriously damage internal organs, or to become paralyzed in a motorcycle crash if you are not careful.
Therefore unlike with other motor vehicles, bikers and motorcyclist must adhere to strict safety measures to prevent motorcycle accidents, and to ensure survival if they are in fact in a motorcycle accident.
Motorcycle Safety Tip # 1: Wear a DOT Helmet
I know, I know, many in the biker community say “bullshit” I am not wearing a helmet, yada yada yada. Others wear toy novelty helmets in States where helmets are mandatory.
Research has clearly shown that serious brain injuries and death can be avoided by wearing a good helmet. A very common motorcycle accident scenario is that a rider is thrown off of the motorcycle, landing on, or hitting his or her head. For those wearing a good helmet, a serious head injury can be avoided by simply wearing a helmet. Hell you might have a severe headache if you land on your head in a motorcycle accident, but at least you are still alive!
Low impact head injuries can also be fatal. A recent case was reported when a stationary motorcyclist lost his balance in the driveway, his motorcycle fell over; he struck his head on the concrete driveway, and later died of his injuries a few days later. He died because he did not have a helmet on. The result was tragic and could have been easily averted by simply strapping on a helmet.
A helmet is certainly not an iron clad guarantee that an accident or serious injury won’t happen. However, wearing a motorcycle helmet will certainly improve the chances of survival in a motorcycle accident.
Tip 2: Wear Proper Protective Motorcycle Clothing
Motorcyclists should always wear the proper equipment while riding their motorcycles for protection. The goal is that you not only want a protective layer between you and the elements, but you also want to be clearly visible to other motorist.
Motorcycle accidents can be quite horrendous on the skin. Bikers and motorcyclist can be thrown off of their motorcycles and skid or slide along the pavement. Without protective clothing or footwear, your body can slide unprotected against pavement, concrete, stone, glass, and other dirt and debris on the road, which will literally peel off your flesh, or embed into your flesh. This can have disastrous consequences for you, and cause severe pain and suffering that could have easily have been avoided.
I will admit, in the old days I was not so smart. I would wear a t-shirt with a vest. Now, I am not willing to take a chance simply because I was too stubborn or egotistical to wear proper riding attire.
Tip 3: Stay Sober and Well Rested
Dahhhh. If you are too tired or shit faced drunk, and/or on other mind altering substances, your reflexes and ability to react while riding your motorcycle can be severely impaired.
Motorcyclist should avoid riding when very tired, and regularly take short breaks. Alcohol and Other Drugs can also seriously affect your ability to ride, and should be avoided when riding a motorcycle.
If you think drunk driving in a car is dangerous, drunk riding is at least ten times more dangerous for you on a motorcycle. At least in a car you have some protection. On a motorcycle, there are no second chances. You need to be on your game.
Stay off of the mind altering substances while riding a motorcycle, even one beer can impair you on a motorcycle. Also take frequent breaks to avoid fatigue.
Tip 4: Adhere to Traffic Laws
A significant number of motorcyclists involved in motorcycle accidents are riding without a proper motorcycle license or endorsement. Motorcyclists should ensure that they are properly licensed, and always up to date on their knowledge of local traffic laws. You should obey all traffic laws whenever possible.
Tip 5: Motorcycle Equipment Safety Check and Planning
Motorcyclists should inspect their motorcycles before each ride for loose screws or bolts, tire wear, etc. Motorcycle accidents often occur as a result of mechanical problems.
Plan ahead when riding in a group. Determine your route in advance and ensure that it agreed with the other riders. Review group hand signals, formations, etc.
Tip 6: Continuous Learning and Improvement
A large percentage of motorcyclists involved in motorcycle accidents have had no formal motorcycle rider training. Enrollment in a certified motorcycle training class is a good way to develop basic riding.
Once the basic techniques have been acquired, motorcyclists can improve accident-avoidance skills by taking an advanced motorcycle rider course or advanced program for motorcyclists that teaches defensive riding on your particular motorcycle.
Motorcyclists and bikers have the responsibility to protect themselves as much as possible.
By following these basic safety tips things can and will go a whole lot better for you if you ever go down!
If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.
A suspected dui-related motorcycle crash northeast of Bakersfield has killed one person on this Christmas 2009.
The Highway Patrol says the person killed was a passenger on the motorcycle, and was airlifted to Kern Medical Center. However, that person did not survive the injuries from the motorcycle accident.
It happened just after 4:30 p-m on Granite Road at Round Mountain Road. Investigators say the driver of the motorcycle was heading east on Granite Road and lost control. Both the driver and the passenger were thrown from the bike. The driver of the motorcycle hit a fence, the passenger hit a pole. “The passenger sustained fatal injuries and the driver sustained moderate injuries. In the early stages of the investigation it appears that alcohol is related,” said Sgt. Jeff Crosswhite, California Highway Patrol.
The Highway Patrol says both were wearing helmets. The driver was also taken to Kern Medical Center with moderate injuries. Officers say the driver may have felony dui as well as manslaughter charges.
This is a horrible accident that did not have to happen. I will say this very clearly; IF YOU HAVE HAD ALCOHOL DO NOT RIDE A MOTORCYCLE PERIOD. IF YOU ARE A PASSENGER, DO NOT GET ON A MOTORCYCLE WITH A RIDER WHO HAS BEEN DRINKING PERIOD.
Alcohol and motorcycles flat out do not mix. Hell you need to be on your game sober to ride safely. Can you imagine how dangerous it is to ride after drinking?
If you or a family member have been the victim of a motorcycle accident, or you were a passenger injured in a motorcycle, or you have had a family member killed in an accident call my law firm ASAP for a free consultation at 800-816-1529 x. 1 or check out my website at http://www.bikerlawyer.net .
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.
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.
Our Motorcycle Accident Law Firm, The Law Offices of Norman Gregory Fernandez & Associates, are real bikers helping other bikers. Unlike some other so called "fake" motorcycle accident attorney's who do not ride motorcycles, Norman Gregory Fernandez, Esq. actually rides a motorcycle.
We are experts in dealing with motorcycle accident cases.
We handle motorcycle accident cases, motorcycle passenger injury accidents, and other personal injury cases all over the State of California. We are real bikers and motorcycle riders who represent bikers and motorcycle riders who have suffered injuries due to motorcycle accidents and crashes. We handle Motorcycle Accidents, Motorcycle Passenger Accidents, Dangerous Conditions on public roads which cause motorcycle accidents, defective motorcycle cases, Cruiser Motorcycle Accidents, biker rights, criminal law, Car Accidents, Uninsured Motorist Claims, Wrongful Death, Torts, Cager and/or Car negligence, personal injury and Other Injury Cases. We have locations in Southern California and Northern California. We handle personal injury, and motorcycle accident cases in all over California including: Southern California, Central California, and Northern California.
If you have been injured in a motorcycle accident or any other motor vehicle accident, you may call us 7 days a week, 24 hours a day at 800-816-1529 x. 1, or submit your case online here.