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
Welcome, my name is 
Thanks for the mention. It must be somewhat frustrating to have a legitimate niche market with regard to motorcycle cases and then to have other people with no actual experience in that area hold themselves out as experts and handle motorcycle accident cases the same way that they would handle a regular car accident. As you have pointed out numerous times, there are so many factors involved in a motorcycle accident that would never ever enter the head of someone who didn’t have extensive experience riding a motorcycle.
Korea has a huge number of motorcycle/scooter accidents and deaths because of inexperienced riders and horrible car drivers. However, tort liability in Korea is such that damages for pain and suffering are extremely limited. Basically you are entitled to recover medical expenses, lost wages for the time you are unable to work (and remaining disability, if any),and relatively minimal amounts for pain and suffering.
Just to give you an idea of how limited the pain and suffering recovery is, the standard maximum amount awarded by courts for pain and suffering in a death case is about $50,000. Also, in cases of death, the deceased family is awarded about $2,500 for funeral expenses.
Basically, the awards for medical expenses are straightforward, the calculations for lost wages are fairly standardized mathematical formulas, and the awards for remaining disability are based upon a court-appointed doctor’s assessment. Thus, injury tort cases, regardless of whether they are car accidents, motorcycle accidents, slip and fall, whatever, are largely mechanical. In such lawsuits, the main arguments are usually regarding the apportionment of liability between the parties.
Given these factors, there is no real necessity for specializations in areas such as motorcycle accidents in Korea. However, as the only lawyer in the entire country of Korea that rides a motorcycle (to the best of my knowledge), people who have heard about me will occasionally ask our firm to represent them in motorcycle injury cases.
Not too long ago, I had a very interesting experience. I had the driver of a pickup truck come to our firm to represent him in a wrongful death case involving a sport bike rider because he saw a newspaper article about me and my Club. Three sport bikes were riding down the road. According to the sport bikers, the truck pulled out in front of them suddenly, which caused the lead rider to slam into the back of the truck.
That seems like a reasonable story, and is not an uncommon accident scenario. However, the driver insisted that it did not happen that way. If a lawyer didn’t know anything about how quickly a bike can accelerate or decelerate, how a bike handles, etc., the pickup truck driver would have ended up paying a large amount of money. However, because of my riding expertise and knowledge of how bike accidents occur and can be avoided, we were able to clearly prove that the sport bike riders were simply racing down a country road, accelerating through curves at about twice the speed limit without paying attention and saw the truck, who was driving at the speed limit, too late. The lead rider slammed into the back of the truck at about 90 miles an hour, and the other two riders managed to go around the truck to the left.
The bikers’ testimony about how the accident happened would have been perfectly believable to someone who didn’t have extensive riding experience, but their testimony was easy discarded because of what I know.
For some reason, it felt odd to be on the side against the dead biker, but I was able to prevent an injustice from happening.
I would echo your recommendation that anyone who is injured in a motorcycle accident should seek out a motorcycle lawyer that has actual, real bike experience. Also, perhaps you will disagree, but I would also recommend that any car driver who is involved in an accident with a motorcycle because the motorcycle ride did something stupid/illegal should also seek out a biker lawyer with real riding experience because such a lawyer may be better able to help you show that the motorcyclist was at fault than someone who doesn’t know how motorcycles handle and operate.
Thank you for confirming what I have thought for years: Bikers are bikers, and don’t use their choice as advertising! I choose most professionals that I deal with by referral, and I interview them based on their field. If I am looking for a general contractor, they better have been a builder first. If I’m looking for a medical specialist, they should have specific board certifications and associations. If I’m looking for a lawyer for a motorcycle-related injury, they had better ride themselves as well.
I gave in and signed up for one of the biker lawyer referral services (they *DID* have some cool stickers) at an Easy Rider show this spring. Besides getting a few extra postal mailings now, I also WAS SOLD AS PART OF AN EMAIL LIST! How likely am I to call them or any of their lawyers?
Now, I’m off to help find a Central Ohio Biker Lawyer for my friend who was hit in his own condo parking lot. Wish us luck!
Why do you not branch out to other states? There are plenty of high priced “celebrity” lawyers that have done so. Here in Florida we lack skilled & experienced lawyers to handle motorcycle cases. Yet, this state passed a no helmet law a few years back. Motorcycle fatalities are very high in this state. You look in the yellow pages and find lawyers you would not want to use if your life depended on them. I personally would want a lawyer with experience and also a lawyer that rides so he knows the perils of the highway on 2 wheels. Some things one must experience to have knowledge. I do not want to be some lawyers first case if my life depends on it. My brother is a lawyer in Kentucky and he finds the television ads to be bad and thinks they make lawyers look cheap and no class. There was a day when lawyers could not advertise the way they do now. Me, I will pick a lawyer who has experience and a proven track record.
Norm: I know it is not like opening a McDonald’s. It sure is something that there are not enough of in Florida. Sounds like there are not any in Ohio. Heck, you like traveling……..Your Fed Ex Case is lucky to have a skilled attorney such as yourself.
There is another motorcycle lawyer out there Ed Montgomery! He just ran for judge in San Bernardino and did West Coast Thunder as one of his campaign events. His practice is primarily family law. Check him out at http://www.ed4judge.com
Norman,
Finally, a lawyer I can relate to who feels the same as I do. Too bad we’re not in the same state. I’ve been looking to partner up with someone for years now. It’s become increasingly more difficult to run things on my own. More and more lawyer/biker posers and too many GD lawyers with internet savvy scooping up cases. Would love to hear from you. Email me direct at john@bikrlaw.com.
John
Good to hear from you Jeff. I was thinking about you and the troubles the South is having with the North recently. Good to hear that you are still kicking. The arbitrary limits you deal with in Korea sound bad considering how catastrophic motorcycle accidents tend to be.
Take care,
Norm
I have thought about it Sandie. It is not like starting a McDonald’s, there are many issues that need to be addressed.
We will see!
Norm
Well Sean at least you know I was not just bullshitting you or my readers. I am sure I know the “biker lawyer” outfit that gave you the stickers; what a joke.
When I go to events, I usually go by their booths and screw with them. Usually they just have reps. that they hire to work the shows for them.
Most of the time, they know who I am when I go to their booths. It is a big marketing scam.
In my personal opinion if an attorney (even if they turn out to be a scam referral service that you think is one attorney that operates nationwide) allows you to sign up for their so-called help a biker service through their law firm, and they sell your information to 3rd parties for a fee, that would be a breach of an attorney’s fiduciary duty to maintain attorney/client confidentiality in any State.
Good luck to you and your friend on finding someone in Central Ohio. I may be able to find you someone if you cannot find someone yourself, just let me know. Tell your friend he is lucky. We just got a case of a guy who was riding and was run over by a Federal Express truck and killed. The truck clipped his bike, he went down, and the truck ran over his head. It can always be worse my friend!
Norm
It is more than just traveling Sandie. An attorney must be licensed to practice law in every State in which they do cases. In certain circumstances most States will allow an out of State attorney to apply for Pro Hoc Vice status. Pro Hoc Vice will allow an out of State attorney to represent a client in a State where the attorney is not licensed on a one time basis.
Further, each State has it’s own Statutes, Rules of Civil Procedure, Rules of Court, forms, etc. It can be a very real nightmare for an attorney to try to become competent in multiple States. Some attorney’s are licensed in multiple States, but very few actually try to practice in multiple States on their own.
I could work with an attorney licensed in another State on cases in their State, to provide expertise and consultation, but ultimately they would have to be attorney of record, unless I applied for pro hoc vice.
Further, each State has it’s own rules with respect to soliciting legal business, referral fees, disclosure, etc.
Bottom line, these attorney’s who are operating nationwide franchise marketing schemes, referral marketing schemes, marketing buy-in networks, etc., under the guise of appearing to be one big nationwide legal network, are in fact playing with fire, and operating in legal minefields.
I myself prefer to just practice law. If I can get some good people in other States that are competent and that will take on these types of cases, then we will see.
Norm
Well Christine I will have to take your word for it right now. I do not recollect meeting or even seeing Mr. Montgomery, however, you never know, we may have run into each other at San Bernardino Central at one point or another.
I see that Mr. Edmund L. Montgomery is a licensed California Attorney Bar # 166078. My research shows that he does do family law and has an office on Hospitality Lane in San Bernardino.
I wish him well in his campaign, and invite him to join me on a ride sometime.
Now are there any biker attorney’s out there that actually do motorcycle accident cases, or bikers rights cases?
Norm
I will email you next week John. I went to your website and liked what I read. I just had a guy in NY call me that went down on one of the bridges into Manhattan and suffered catastrophic injuries along with his girlfriend. I could not help him because I did not know a real Biker Lawyer in New York. Let’s talk!
Now, I am off to ride in the Juniper Hills before sunset.
Norm
Norm,
way to tell it like it is . I got back in the saddle after a lot of years so I wouldn’t be a poser. Though I’m not the greatest rider that’s for sure. I enjoy the biker community and they do a lot of good stuff living their own life style. here’s a “video” I made about key reasons to hire a biker attorney. I tell people make sure the biker is a trial lawyer because you need both to beat Big insurance from their ripoffs. http://www.youtube.com/watch?v=2vJp4hLsP6Q&feature=player_embedded
Good video Tony. If you are ever in SoCal I will take you on the best rides of your life. Nobody said you have to be a great rider; you just need to ride.
Norm