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What to Do in the First 48 Hours After a Motorcycle Accident — A Guide for Riders and Their Loved Ones

By Norman Gregory Fernandez, Esq.
The Biker Law Blog | https://bikerlawblog.com

Motorcycle_Accident_48_Hours_Guide

As a motorcycle accident attorney and rider myself, I’ve seen firsthand how critical the first 48 hours after a motorcycle crash can be. Whether you’re the injured rider, a passenger, or a family member trying to help, what you do—or fail to do—during this crucial window can have a lasting impact on your health, your legal rights, and your ability to receive compensation.

This article will walk you through the essential steps that should be taken within the first 48 hours after a motorcycle accident, and why it’s vital to retain a motorcycle accident expert like myself, Norman Gregory Fernandez, as soon as possible.

Step 1: Get Immediate Medical Attention

The first and most important step after any motorcycle accident is to seek immediate medical care. Even if you feel fine or think your injuries are minor, get evaluated by emergency medical personnel or go to the nearest emergency room. Adrenaline and shock can mask serious internal injuries, including concussions, organ damage, and spinal injuries.

If you’re unable to make decisions for yourself due to your injuries, a family member or representative should step in to ensure you receive the necessary treatment and that all injuries are documented properly.

Why It Matters:

• Medical records create a critical link between the accident and your injuries.

• Delays in treatment can give insurance companies a reason to deny your claim.

• Proper care can prevent complications and long-term disabilities.

Step 2: Document the Scene (If You Can)

If you’re physically able—and it is safe to do so—take pictures or videos of the accident scene, your motorcycle, the other vehicle(s), skid marks, road conditions, traffic signs, and your injuries. If you’re not able, ask a witness or a loved one to do this for you.

Be sure to gather:

• Names and contact information of witnesses

• Driver’s license and insurance details from the other party

• Police officer’s name, badge number, and report number

Why It Matters:

• This evidence may disappear quickly—vehicles are towed, road debris is cleared, and physical injuries begin to heal.

• Visual evidence is often more persuasive than testimony in court or negotiations.

Step 3: File a Police Report

In California, you must report a motorcycle accident involving injury or death to the police and the DMV. Make sure an official police report is filed and obtain a copy as soon as it’s available. The report will often include the officer’s initial findings regarding fault, witness statements, and more.

If you were transported to a hospital and unable to speak to the officer at the scene, make arrangements to provide a statement as soon as possible. Again, if you’re incapacitated, a family member or legal representative can assist in obtaining this report and ensuring your version of events is recorded.

Step 4: Preserve Evidence

Don’t repair or dispose of your damaged motorcycle, helmet, clothing, or any other gear. These items could be vital evidence in proving the severity of the crash, the nature of your injuries, or product liability issues.

Store them in a secure location and take photos of everything. If there was a GoPro or similar camera on your bike or helmet, back up the footage immediately.

Step 5: Avoid Speaking to Insurance Companies

You may be contacted quickly by the other driver’s insurance company. Do not give a recorded statement, accept any settlement offer, or admit fault without speaking to a motorcycle accident lawyer first. What you say can and will be used against you.

Tell any insurance adjuster that you are seeking legal representation and refer all communications to your attorney.

Step 6: Contact a Motorcycle Accident Expert Immediately

This is where I come in.

The sooner you hire a qualified motorcycle accident attorney—like myself, Norman Gregory Fernandez—the better your chances of receiving full and fair compensation. As both an attorney and an experienced biker, I understand the unique challenges riders face both on the road and in the courtroom.

Here’s Why Timing is Everything:

• Preservation of Evidence: We can act quickly to secure surveillance video, black box data from other vehicles, and accident reconstruction experts if needed.

• Witness Statements: Memories fade fast. Early statements are often more detailed and credible.

• Insurance Navigation: We handle all communication with the insurance companies so you can focus on healing.

• Medical Treatment Coordination: We can help you find qualified doctors and ensure your treatment is documented properly.

• Litigation Preparation: If your case needs to go to trial, early involvement means we’re building your case from day one.

Hiring me early can also prevent costly mistakes that could hurt your case, such as posting on social media, delaying treatment, or failing to document expenses.

Step 7: Notify Your Own Insurance Company

Even if you were not at fault, notify your motorcycle insurance carrier about the accident. Be factual but concise. Do not speculate about fault or the extent of your injuries. Let your lawyer handle the details.

Failure to notify your own carrier in a timely manner could jeopardize coverage under your policy, including MedPay or uninsured motorist benefits.

Step 8: Keep a Recovery Journal

Start a journal documenting your injuries, pain levels, treatments, emotional distress, and how the accident has impacted your daily life. Include:

• Missed work

• Activities you can no longer do

• Sleep disturbances

• Mood changes

This journal can serve as powerful evidence for your pain and suffering claim.

Step 9: Don’t Wait to Act

California has a two-year statute of limitations for personal injury claims—but waiting can weaken your case long before that deadline. Delayed treatment, lost evidence, and unrecorded witness statements can all significantly reduce your settlement or verdict.

Final Thoughts from Attorney Norman Gregory Fernandez

Motorcycle accidents are traumatic and often life-changing events. As a rider myself, I know what it’s like to hit the road and trust that others will share it responsibly. When that trust is broken by a negligent driver, you deserve justice—and someone who will fight like hell to get it for you.

The first 48 hours after a crash are critical. If you or a loved one has been injured in a motorcycle accident, don’t wait. Contact me immediately at https://thepersonalinjury.com or through the Biker Law Blog at https://bikerlawblog.com. I’ve helped countless riders and their families get the compensation they deserve—and I’ll do the same for you.

Ride safe. Ride smart. And if the worst happens, call someone who rides—call me.

About the Author
Norman Gregory Fernandez, Esq.
Founder, The Law Office of Norman Gregory Fernandez
Motorcycle Accident Attorney | Rider | Advocate

Norman Gregory Fernandez is a seasoned California personal injury attorney with over 28 years of experience. As a passionate biker himself, he has dedicated his career to fighting for the rights of injured motorcycle riders and their families. He is the founder of the Biker Law Blog and the nationwide resource InjuredBikers.com.

Contact:
📞 (800) 816-1529
🌐 www.thepersonalinjury.com
✉️ Click here to contact Norman

The post What to Do in the First 48 Hours After a Motorcycle Accident — A Guide for Riders and Their Loved Ones first appeared on Biker and Motorcycle Accident Lawyer Blog.

For motorcycle riders across California, the open road is more than a means of transportation—it’s a way of life. But when the unthinkable happens and a motorcycle accident occurs, choosing the right attorney can make the difference between justice served and being left in the dust. That’s where Biker Lawyer Norman Gregory Fernandez stands out—not only as an experienced personal injury attorney but also as a dedicated rider who has lived the biker lifestyle for over 50 years.

The Man Behind Biker Law Blog and Injuredbikers.com

Attorney Norman Gregory Fernandez is the founder of the popular Biker Law Blog at https://bikerlawblog.com, a hub for motorcycle law, safety tips, and rider rights. He is also the force behind Injuredbikers.com (https://injuredbikers.com), a platform exclusively created to help injured motorcycle riders get the representation they deserve.

With a passion for both the law and motorcycles, Fernandez built his practice around the unique needs of motorcycle accident victims. Unlike generic personal injury firms, his approach is rooted in firsthand riding experience and an unwavering commitment to biker justice.

A Record of Success in California

Over nearly 28 years of legal practice, Norman Gregory Fernandez has handled thousands of personal injury cases in California. His experience spans motorcycle accidents, auto collisions, slip and falls, dog bites, and wrongful death cases. But what truly sets him apart is his 98% success rate in personal injury claims—a testament to his skill, determination, and dedication to his clients.

Fernandez has obtained millions of dollars in settlements and verdicts on behalf of injured clients. These aren’t just numbers—they represent real people who have been able to rebuild their lives after devastating injuries. For bikers, having someone who truly understands what they’re going through can make all the difference.

Riding for Over 50 Years

Before he was known as Biker Lawyer, Norman Gregory Fernandez was a biker. He has been riding motorcycles and two-wheeled motor vehicles for over five decades. From vintage Harleys to modern touring bikes, Fernandez is a lifelong rider who knows exactly what it’s like to be on two wheels in California traffic.

His deep understanding of motorcycles extends beyond just riding. He knows how bikes handle, how crashes typically occur, and how the road—and other drivers—pose risks to motorcyclists every day. This unique combination of legal and practical motorcycle knowledge gives him a huge advantage in litigation and negotiations.

Why Ordinary Personal Injury Attorneys Fall Short for Motorcycle Cases

Many accident victims think any personal injury lawyer will do. But when it comes to motorcycle accident cases, ordinary personal injury attorneys often miss critical details. Why?

• They don’t understand how bikes operate.
• They fail to appreciate the severity of injuries riders sustain.
• They overlook jury bias against motorcyclists.

Let’s face it: some jurors think riders are reckless. It takes an attorney who understands these biases to overcome them—someone who can explain to a jury that the rider wasn’t at fault, but the victim of another driver’s negligence.

Norman Gregory Fernandez does exactly that. As a biker himself, he connects with injured riders on a personal level, and he brings that authenticity into the courtroom. Jurors can tell he’s the real deal.

Not Just a Personal Injury Attorney—A Motorcycle Injury Expert

Attorney Fernandez isn’t just a seasoned litigator—he’s a motorcycle injury expert attorney. From accident reconstruction to helmet and gear analysis, he understands the science and strategy behind motorcycle cases. This expertise ensures that no detail is overlooked, and no insurance company lowball offer goes unchallenged.

Whether you’ve suffered a traumatic brain injury, broken bones, road rash, or emotional trauma from your accident, Attorney Fernandez will fight for full and fair compensation—including medical bills, lost wages, pain and suffering, and future care needs.

Almost 28 Years of Legal Experience

Norman Gregory Fernandez brings nearly three decades of legal experience to every case. His in-depth knowledge of California personal injury law, court procedures, and insurance company tactics makes him a formidable advocate for injured motorcyclists.

His firm handles cases across all of California, from Los Angeles and San Diego to San Francisco and Sacramento. If you’ve been in a motorcycle accident anywhere in the state, Fernandez and his team are ready to take your call.

The Right Choice for California Bikers

Motorcycle accidents can change lives in an instant. Don’t trust your case to a lawyer who doesn’t ride, who doesn’t understand the biker lifestyle, or who treats your claim like just another file on the desk.

With Attorney Norman Gregory Fernandez, you get:

• A fellow biker who truly understands you
• A proven track record of success
• A motorcycle-specific legal strategy
• Personal attention from start to finish

Whether you’ve been hit by a distracted driver, run off the road, or injured due to poor road conditions, Biker Lawyer Norman Gregory Fernandez is the advocate you want in your corner.

Call or Click Today 800-816-1529

If you or a loved one has been injured in a motorcycle accident, don’t wait. Visit https://injuredbikers.com to learn more or call the Law Offices of Norman Gregory Fernandez for a free consultation. You’ll speak directly with an experienced motorcycle accident attorney who rides—and who gets results.

The post Why Biker Lawyer Norman Gregory Fernandez Is the Motorcycle Accident Attorney You Need first appeared on Biker and Motorcycle Accident Lawyer Blog.

Everybody has heard that as of January 2019, California went from giving fix it tickets, for motorcycles that were deemed to be too loud by law enforcement, to outright tickets resulting in fines for motorcycles which they deemed to be too loud.

Before January 2019 you can simply fix the problem, take your motorcycle to a law enforcement inspection center, where they would either approve of the correction and write off the ticket, or require you to do additional work to get the problem corrected. You were not issued any fine.

Now after January 2019 law enforcement can simply give you a ticket in which you can be fined up to 00, whether or not you fix the problem. They can still require you to fix the problem, but the fine will still stand.

As with any ticket, or infraction, you may fight the ticket in court, but I would not do so unless you have a competent attorney like myself at your side in court. There are many ways to beat such a ticket in court.

Although I handle personal injury and motorcycle accident cases all over the state of California, I will limit my excessive noise ticket legal defense practice to courts in Los Angeles and Orange county, California. I will provide consultations to people outside of the area where I am defending these tickets.

The general rule for motorcycles manufactured after 1985 is that the motorcycle cannot emit noise above 80 dB, the exhaust system must not be modified, and all aftermarket replacement parts must have EPA certifications on the equipment. Many aftermarket exhausts will not have EPA certification markings on them. Some will say for off use only; others will say for racing only.

There are many jurisdictions in California that do not put up with loud pipes either from motorcycles, or cars. You can do a Google search on which cities do not like loud exhausts to get an idea of where to be careful.

Frankly, it is really easy for me to determine whether or not a motorcycle is too loud. Before I became an attorney, I was an engineer, and I dealt with decibel readings. If a motorcycle is obnoxiously loud, most people including motorcycle riders can tell right away. There are motorcycles just above 80 dB that you might not be able to tell without a decibel meter.

A decibel meter measures the loudness coming from the exhaust.

If you are pulled over, and law enforcement is alleging that your motorcycle is too loud, and they try to measure the loudness of your exhaust with the decibel meter, try to videotape them if you can, but do not get yourself arrested for obstruction. Try to remember everything that you see. Any facts and details you can remember, will help us defend your case in court.

As I stated previously, law enforcement can still require you to fix any exhaust problem they allege you have, but the monetary fine is not fixable unless you fight it in court and win. Many courts will require you to pay the fine as a bail, before they will allow you to appear before a judge.

Hopefully law enforcement is not going to use the new law to try to line their coffers with money, or to harass bikers and motorcycle club members. This type of law which even with a decibel meter is subjective, meaning it really is up to law enforcement judgment to determine if you are in violation, unless your exhaust system flat out does not comply with EPA regulations.

I recommend that if you’re going to modify your exhaust system, that you keep the stock exhaust system in your garage or other storage location, just in case you have to go back to a stock set up. I myself have my entire stock exhaust set up just in case law enforcement thinks my motorcycle is too loud. I myself believe I am in full compliance.

Another rule of thumb is to not be a frigging idiot on the road. When you pull up to an intersection, do not sit there like a moron and rev your motorcycle. If you’re going through a town on city streets layoff the throttle and rev the engine at the minimum required to not draw attention to yourself.

Modern motorcycles do not have to be reeved when the motorcycle is stopped, with fuel injection and modern engines, you are just wasting gas, and being a noisemaker by revving your motorcycle at a stop sign or light. Now if you have an old pan head you may have to rev it to keep it from stalling, that is a different story.

There are guys on touring motorcycles, cruisers, sport bikes, you name it running open pipes, who have basically ruined it for all of us. Do not give law enforcement an excuse to pull you over for a noise violation because let me tell you something, at a 00 a pop, you will be back to running stock exhaust very shortly if you run up 1 or 2 of these violations. This would suck for guys who have paid thousands of dollars for performance modifications on their engines that require a more open exhaust system.

If you use common sense, I doubt law enforcement is going to mess with you, unless you’re in one of those jurisdictions that harasses bikers and does not tolerate any excessive noise.

If you’ve got dinged with an excessive noise ticket after January 2019, and they are coming after you for a fine, and you want representation in Los Angeles or Orange County, give me a call at 800-816-1529. If you’re anywhere else in the state, you may call me for a consultation.

If you have had a motorcycle accident anywhere in California, give me a call at 800-816-1529. We will take care of you. As usual, don’t be fooled by fancy advertisements from non-riding personal injury attorneys, they have no clue how to ride motorcycles, or deal with the prejudice we motorcycle riders face in court.

By California motorcycle accident attorney Norman Gregory Fernandez, Esq., April 2019.

The post What is the real truth about the new California 2019 motorcycle noise law; will you get a $1000 fine? By California biker lawyer Norman Gregory Fernandez, Esq. first appeared on Biker and Motorcycle Accident Lawyer Blog.

Beautiful Tara posing on a Chopper

It seems that a bunch of conservative nut jobs are writing in to Biker and Motorcycle Magazines complaining about beautiful sexy women strutting their stuff next to motorcycles in the various biker and motorcycle related magazines that are on news stands.

Where the heck are these asshats coming from?

I have been in the biker community no less than 34 years. Part of the whole Biker and Motorcycle scene is for good looking people of both sexes strutting their stuff, doing their thing, and being free.

Now all of a sudden these social prudes are trying to get the magazines to stop showing pictures of beautiful women in their magazines.

Maybe a strong sexy female is somehow scary to these prudes.

I have always thought of the Biker world as a world of staunch Americanism, freedom, and open roads. It is alien to me to think of social prudes trying to intervene into a vibrant scene in order to censor our freedom.

Any enemy of freedom, is an enemy to our nation, and the Biker and Motorcycle world.

To be frank, this has been going on for some time in America. There are a small very loud group of religious conservatives trying to take us into a kind of nation ruled by religion, where you must abide by this group’s religion and its rules.

They are trying to censor what we watch, what we read, what we see, what we hear, how we act, etc. Maybe these morons should start up a new nation in Antarctica where like the Taliban, they can force everyone to abide by their rules or else…..

No way, Jose. I do not care whether you are a republican or democrat, we in the Biker World consider ourselves to be free on the open road. We enjoy looking at sexy people, we like dressing the way we want to dress, and we don’t need you people coming in to our world to censor it.

For the publishers who read my blog, and who are actually in the Biker and Motorcycle World. There is something called freedom of expression, and freedom of speech in our nation.

If you bow down, or kowtow to those who would take away our freedom to see and read what we want, we Bikers and Motorcycle Riders will stop buying your rags, you know who your market is, and we are getting sick of it.

Those few who are trying to censor what the rest of us like to see and read, will always be there, they will not take away our freedom.

I myself, did not serve in the U.S. Air Force, so that a vocal minority could take away our collective freedom.

Could you imagine going to a motorcycle rally like Sturgis, and seeing everyone covered up like some Afghanistan nightmare? Neither can I!

I am publishing this article a day after our nation’s Independence Day celebration for a reason.

By California Motorcycle Accident Attorney and Biker Lawyer, Norman Gregory Fernandez, Esq., © July 5, 2013

The post The Great Biker Rag Sex Debate first appeared on Biker and Motorcycle Accident Lawyer Blog.

Oatman, AZ on the last day of the Laughlin River Run 2013

I attended the Laughlin River Run 2013 this year as I do most years. The Laughlin River Run is billed as the largest motorcycle and biker rally on the west coast.

This year’s motorcycle rally was different than most past years rallies because the turnout appeared to be smaller than past years rallies, motorcycle club patches and soft cuts were not allowed anywhere near the strip, and there were a gaggle of what I call fake biker lawyers with booths set up at the event just waiting and hoping for those in attendance to refer their motorcycle accident cases to them.

I had for the most part a great time at the event. This was the second major motorcycle rally I have attended in many years, where I drove my motorhome to the motorcycle rally and trailered my motorcycle behind on a motorcycle trailer.

In the past when I rode to motorcycle rallies like this, I basically just rode my motorcycle to the event.

I will tell you that I have learned a valuable lesson in why it is better to take an RV and trailer the motorcycle to major motorcycle rallies. I no longer have to pay 0 a night for hotel rooms and hotels that just wait to poach money off of bikers, I put more miles on my motorcycle at the event than I ever have in the past, and there is much more fun happening at the RV parks than the hotels! I no longer have to worry about squeezing a weeks’ worth of toiletries and clothes onto my motorcycle; it all goes into my RV now.

This year I arrived at my RV Park in Bullhead City, AZ on May 24^th, 2013 and proceeded to set up camp. I put up my Star Spangled Banner, California Republic, and POW/MIA flag above my RV, took the motorcycle off of the trailer, unrolled the awning, and we were ready to rock and roll.

The first thing I saw when I rode my motorcycle to the strip which was just across the river from Laughlin, NV, was an electronic sign stating that no this was a no MC Colors event, soft cuts not allowed, and bait motorcycles were being used to catch thieves.

I do not mind going after motorcycle thieves but I certainly did not like the fact that a major event such as this managed to ban all motorcycle patches from the strip. I think it is a violation of the 1^st Amendment right to Freedom of Speech.

Notwithstanding the affront to motorcycle club members, this year’s event was a great time. There were plenty of fine looking ladies all over. Obviously there were guys for all the gals as well. There was the usual full line up of good bands and plenty of booze all over the place.

Those that know me know that I do not drink alcohol or use drugs. I would rather ride than sit around watching a bunch of bikers get shit faced at the bar.

Ride is exactly what I did throughout the entire event. I put on almost 1000 miles during the 6 days I ended up staying in Laughlin/Bullhead City. I found a road that is off the beaten track near Oatman, AZ called the scenic byway. My companion and I literally owned this road on Sunday. You are basically in the middle of the desert with no contact to the outside world for many miles. It was a great and hot ride.

During the ride in the desert I kept thinking I hope nothing happens to my motorcycle because here I would be up shit’s creek without a paddle. I opted to take a more populated route back to the RV on the way home since it was getting dark.

I managed to win over $70 dollars as well on this trip where ordinarily I always lose at the casinos.

On a down note one of my friends was arrested on Friday night /Saturday morning for Disorderly Conduct and another charge. They were transported from Bullhead City to Kingman, AZ to the county jail there. There was a weekend judge on duty. Suffice is to say I got almost no sleep on Friday night / Saturday morning, and I had to go bail them out on Saturday afternoon and give them a ride back to Bullhead City. Saturday night was spend crashed out in my RV recovering from helping my friend out.

Aside from bailing my friend out and losing Saturday night, I had a good time this year at the Laughlin River Run Motorcycle and Biker Rally. I will be going to many rallies this summer including Sturgis, Las Vegas, and Palm Springs.

See you on the road.

By California Motorcycle Accident Lawyer and Biker Attorney Norman Gregory Fernandez, Esq., © May 1, 2013

The post The Laughlin River Run 2013, a Good Time for Most first appeared on Biker and Motorcycle Accident Lawyer Blog.

California Personal Injury Attorney Norman Gregory Fernandez at age 16, before going surfing

Here it is March 13, 2013, and it has been a while since I posted my last article here on the Biker Law Blog.

I have moved to Huntington Beach.

My phone number and fax number are the same, 800-816-1529.

So whether your case originates in San Francisco, Eureka, Redding, Sacramento, or San Diego, my firm will handle your case.

We handle the entire State of California. We welcome all of our new and existing clients to the new law firm. We look forward to kicking ass for you on your cases.

I think I have what most would call one of the most high tech law firms in the nation. The technology we have employed at our firm is mind blowing.

I am a Southern California native, but I have lived in many places during my life. I would say that the move to Orange County for me will be permanent, in that I cannot see living anywhere else.

I love Huntington Beach. I have taken up walking on the pier each night around sunset, the people are great, the lifestyle is fantastic, and the motorcycle riding is good as well.

When I was younger, I used to surf. As a matter of fact, as a teenager I lived at the beach. I learned to surf at Topanga, my home beach was Zuma. Back then, the wave break was much different at Zuma and Point Dume, then it is now.

Believe it or not, I just bought a brand new 9’ Greco Longboard surfboard. It will be delivered this Friday. I got a new full wetsuit to go along with it. Hell, at 49 who says you are too old to start surfing again. I figure a longboard, will help me to ease back into it, and on those days with a small surf, I will be catching waves while the guys on short boards will be watching me ride. I figure if I start surfing each morning at 5am, I can still get to the office easily by 9am.

I wonder if they make a surfboard rack for a Harley Davidson. Once I get used to surfing again, I will have a custom Harley Davidson themed surfboard made for me.

So there it is. As you can imagine, I am swamped with work right now. As I type this article, I have spent the last 4 days out of 5 days in Court. I am still at the office catching up. Nonetheless I wanted to let you all know what is going on.

Looking forward to the Laughlin Biker Rally coming up next month. This will first year I take “Bessie,” my motorhome, (the same one I rode around the country with) to a major motorcycle rally this year.

I hope you are all well.

By California Biker Lawyer and Motorcycle Accident Attorney Norman Gregory Fernandez, © March 13, 2013

The post Getting settled in to the O.C. lifestyle. first appeared on Biker and Motorcycle Accident Lawyer Blog.

Taking your life in your hands at California Indian Casinos

As a California Personal Injury Lawyer I feel I have a duty to inform all about California consumers lack of any real legal remedy if you suffer a Personal Injury at anyone of California’s numerous Indian Casinos.

If you have been the victim of a Personal Injury, or if you suffer a Slip and fall at an Indian Casino, you may have a potential court case, you may have a claim that will be headed to the tribal council, you may have a case that will go to private arbitration, you may have a case that will be determined by a private insurance company claims adjuster, or maybe you have a case that will literally give you no legal remedy.

Just 14 years after Gov. Pete Wilson signed the first compact with a tribe allowing Las Vegas-style slot machines in California, personal injury and property damage consumer protections in Indian casinos are all over the place respect to consumer rights and remedies in personal injury cases.

Every one of the 56 Class III gaming tribes within the State of California features its own specific tort liability ordinance spelling out how it will process personal injury cases.

The California State Bureau of Gambling Control states that many tribes authorize risk managers or their insurance companies to decide a claim’s validity. Some allow patrons to appeal case denials to tribal courts or to councils of tribal elders. Some others will take disputes to arbitration. Almost all do not recognize a role for California’s trial courts.

Each Indian Tribe is basic its own sovereign government. They do not have to follow California law on personal injury and most if not all don’t.

Due to this problem there are very few of us California Personal Injury Lawyers that will take on Personal Injury cases that occur on Indian Casinos.

I myself reject the vast majority of cases that come to me involving Indian Casinos, because without a standardized arbitration ordinance or something to that affect, they are too much of a hassle to deal with.

I have heard stories of Indian Casino cases taking many months or even years to get resolved, much longer than cases in the normal California court system. Many of the elderly victims who are claimants in these cases either give up or die before having their cases resolved.

Another issue with Indian Casino cases is that the people being sued are also the ones who are deciding the merits of the case. It is analogous to suing a Judge and then having that same Judge determine the outcome of the case in which he is being sued. How you do think that is going to turn out?

Appeals Courts have rejected Indian Casinos being sued in State Court stating that sovereign immunity precluded it from being sued in State Court.

What is bizarre to me is that the State of California negotiated compacts with the Indian Casinos allowing them to place Las Vegas style slot machines in the casinos, yet they did not provide a standard legal path for patrons of these casinos to take if they are injured within the Indian Casino.

I myself think it is time to either re-negotiate these compacts, or boycott the Casinos until the Indian Tribes themselves agree to standardized legal remedies for persons injured at their casinos.

I am calling on all California Indian Casinos to come sit at a table and discuss this situation so that a resolution can be reached to ensure California consumers that they are safe at your establishments.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © May 18, 2012

The post BEWARE; You take your life in your hands at most California Indian Casinos first appeared on Biker and Motorcycle Accident Lawyer Blog.

I have noticed a marked increase of persons contacting me to get advice on how they can represent themselves in their own personal injury case.

Some of these winners get on websites that allow consumers to ask questions of attorneys, then they go and try to handle cases on their own without an attorney.

Do these people realize why we personal injury attorneys exist? We exist because for profit insurance companies will simply not give you what you are entitled to 99.9% of the time without an attorney.

The first thing they teach us lawyers in law school is never to represent yourself in a legal matter because you are emotionally biased, and the emotions will adversely affect your ability to handle the case. It is always best to have an independent person represent you in a case.

Aside from the emotional aspects of representing yourself, do these people who want to play attorney and that try to represent themselves realize how complicated a real personal injury case is? Of course not they don’t. It would be close to impossible for an untrained person on their own, to prosecute a personal injury case through the court system without an attorney.

I have been practicing 15 years and I can assure you that I have seen some lawyers who need to go back to school, let alone an untrained person actually doing it.

Personal Injury cases are complicated and no self-help book is going to give you the knowledge you need to handle one of these cases.

I see non-lawyers in Court all of the time getting hammered by Judges and getting sent packing because they did not do their cases right. In some instances non-lawyers get dinged with monetary sanctions against them because they do not know the law.

Then there is the matter of the cheapskates. These are winners who figure in their mind, hell; I am not going to give an attorney a third of my case, so I will take all of the ,000 the insurance company is going to give me.

They don’t realize that their case might in fact be worth ,000 to ,000, and even on the low end, they would have got two thirds of ,000 or ,675 with an attorney, as opposed to the ,000 they got sucked into accepting by the insurance company.

One of my sayings is that it is better to get two thirds of something instead of all of nothing.

To me this is plain stupidity, and there is a lot of it out there lately.

It does not make sense to me why a person would try to handle their own personal injury case without an attorney, when an attorney like me can be retained with no money out of your pocket whatsoever until a recovery is obtained.

The insurance companies are constantly on the lookout for idiots who will accept the half payment of medical bills, or a token 1k to 2k to settle a case that might be worth tens of thousands of dollars, without an attorney.

Any insurance adjuster worth their weight in gold, loves talking to the stupid amongst us who for whatever reason, does not mind screwing themselves out of what they are entitled to by not retaining a personal injury attorney like me.

Don’t be stupid, if you have been injured due to the negligence of another call an attorney, heck, call me.

If you or your family has been injured anywhere in the State of California, you may contact our law firm for a free consultation at 800-816-1529 ext. 1, or submit your case through our website at http://thepersonalinjury.com

California Personal Injury Attorney Website

The post An Epidemic of Stupidity first appeared on Biker and Motorcycle Accident Lawyer Blog.

California Pink slip and tear off change of ownership form sample

A common issue that is brought to my attention over and over again to such an extent that it is almost routine is the following scenario;

A person sells a car to another person, and that person gets into a car accident, commits a crime, or incurs a massive amount of parking tickets, before the person who sold the car notifies the Department of Motor Vehicles (DMV) of the sale or giveaway, or before the new owner registers the car in their name, and they are now getting sued, or having law or parking enforcement coming after them as though they were the responsible party.

I literally get at least 5 calls a week with this exact same scenario.

In the State of California you MUST notify the DMV within 5 days when you sale or transfer ownership of your vehicle.

I am not going to discuss what you need to do if you screwed up and are in this nightmare scenario because it is situation specific.

What I will tell you is this; in the State of California, and I assume other States as well, there is an attachment sheet that is connected to your Certificate of Vehicle Title (Pink Slip) that is to be torn off only upon selling or giving away the car, filled out, and sent to the DMV to notify them that you have sold or given away your car.

The simple act of filling out this form and sending it to the DMV can and will save you a lot of time, hassle, and potentially tens of thousands of dollars.

This is not rocket science folks. You have to assume the person that you are selling or giving the vehicle to may not change the title in their name, thus leaving you on the hook.

Another thing I recommend is creating a bill of sale, or a giveaway agreement that the new owner signs upon receiving the car and the pink slip, which will give you further proof that you sold or gave away your vehicle.

If for some reason you lost the sheet that is attached to the Pink Slip, the DMV has an online system that is available here, to notify them of the change in ownership.

Don’t be a fool, when you sale or change ownership of your vehicle, notify the DMV or it could cost you big time.

If you or your family have been the victim of a 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.

By California Personal Injury Attorney Norman Gregory Fernandez, © April 25, 2012

The post Make Sure you Notify the Department of Motor Vehicles if You Sell or Give Away your Car, Motorcycle, or other Motor Vehicle or You could Los Big Time first appeared on Biker and Motorcycle Accident Lawyer Blog.

 ** 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.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © December 17, 2011

The post A Life Changed in an Instant, the anatomy of a Motorcycle Accident first appeared on Biker and Motorcycle Accident Lawyer Blog.

California Motorcycle Attorney Norman Gregory Fernandez, Photo courtesy of the American Bar Association Journal, and photographer David Newhardt

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!

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © 2011

The post What is up with all these So-Called “Biker Lawyers” all of a Sudden showing up with Booths at All of the Motorcycle Events? first appeared on Biker and Motorcycle Accident Lawyer Blog.

California Motorcycle Accident Attorney Norman Gregory Fernandez

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 0,000 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 ,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.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © September 18, 2011

The post How can you protect yourself financially if you have a Motorcycle Accident? first appeared on Biker and Motorcycle Accident Lawyer Blog.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez in Malibu, CA

There are few things I enjoy in life more than jumping on my Harley Davidson Electra Glide Ultra and riding my motorcycle on the open road, especially with my brothers.

To be frank, it really is hard for me to express how much I enjoy riding motorcycles. The good thing is that I really do not have to explain it to those of you who already ride motorcycles, because you already know what I am talking about.

One of the reasons I bring this subject up is that last Friday night, I was on my home from a gathering of motorcycle club brothers in Tehachapi, California, when I stopped in Palmdale, California for some gas.

A fat guy dressed in what appeared to me to be medical scrubs of the type that doctors and nurses wear at a hospital, made it a point to walk up to me as I was gassing up my motorcycle to say “You really should not ride motorcycles around here because of all of the illegal aliens and unlicensed drivers.”

I looked at the guy who thought he was giving me genuine advice that would make me stop riding motorcycles after 40 some years, and said “dude, life in general is dangerous, I am not going to live my life here in America, worried about getting hit by an illegal alien or an unlicensed driver. Further, life itself is a fatal illness.”

The guy gave me a puzzled look and walked away.

This guy must be out of his fucking mind thinking that I would quit riding because I was afraid of illegal aliens and unlicensed drivers.

Riding motorcycles is one of the important pleasures that I have in my life.

This guy was not giving advice to a novice. I have literally handled many motorcycle accident cases all over the State of California. Everytime I handle such a case, I think about “what if that were to happen to me.” Yes it kind of freaks you out, but then again, flu season is coming up, am I supposed to hide in my estate afraid of getting swine flu? Hell no.

There is one unalienable fact of life; those who are alive today, will someday die. You cannot live your in fear of what could happen, all you can do is just live.

I am not cavalier about riding motorcycles. I am about as safe of a rider that there is out there, although I could improve my riding attire somewhat. I am thinking about adding an armored riding suit to my repertoire.

This weekend I will be on my new motorcycle. I cannot wait to test out the intercom and the CB that came standard on my Ultra. I have installed the speakers and mic inside Liz’s helmet and mine.

I hope we all have a safe riding weekend everyone; keep both wheels on the road.

Also just a reminder, My 02 Harley Davidson Electra Glide is still for sale. She is sitting in my garage waiting for you to come pick her up. You can check it out here at http://www.galaxystorm.com/bike.

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © August 12, 2011

The post One of the Pleasures in Life; Being a Motorcycle Rider. first appeared on Biker and Motorcycle Accident Lawyer Blog.

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

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

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

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

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

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

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

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

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

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

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

The post By Brother went Down Today. first appeared on Biker and Motorcycle Accident Lawyer Blog.