The post How Motorcycle Riders Should Deal With Tailgaters and Road Rage Drivers first appeared on Biker and Motorcycle Accident Lawyer Blog.

** August 2023 Update – I have retired from the motorcycle club scene and am an independent motorcycle rider. I still represent many motorcycle club members in motorcycle accident cases and still ride near and far.

Many people, motorcycle riders, and non-motorcycle riders alike, have watched TV shows like the Sons of Anarchy, the Mayans, or the old Marlon Brando movies, or even the old Clint Eastwood movies with “The Black Widows,” and got a very bad impression of motorcycle clubs.

Admittedly, some members, a small minority, of some famous clubs have also been in the news, because they failed for one reason or another to conform to the laws of our society.

Many law enforcement officers consider some motorcycle clubs to be a gang, or outlaws, but as you know you cannot generalize every member of an organization just because of a few bad apples. I do not agree with a blanket generalization, however many states do have gang enhancement statutes that they will try to apply to members of some motorcycle clubs or organizations that are accused of committing crimes. If they can prove you did the crime in furtherance of a gang you will get hit with enhanced penalties. This is not the subject of this article, but it is something you should consider when joining certain motorcycle clubs. Bottom line, if you do not commit crimes you will be okay it is as simple as that.

The vast majority of clubs out there are family clubs.

I have been riding, and in motorcycle clubs for well over 20 years. In my own personal experience, the guys (and in some clubs gals) that make up the membership of the vast majority of motorcycle clubs, and motorcycle riding clubs, are some of the straight up most friendly, best, righteous, honest, and upstanding people I have ever met. Yes many have tattoos and dress a certain way, most wear cuts, which are vests that have club patches affixed to them. You cannot judge a book by it’s cover. I am not saying everyone is perfect, hell there are always a few assholes no matter where you hang out, but the vast majority are good people.

Just like in any group of people who get together, you will always have a minority of people who will do bad things. That does not mean you should blame the entire club or organization just for a few bad apples.

I personally would not tolerate hanging out with people committing crimes or not following the law because I have a career and a family that I want to go home to at night.

I have met guys in motorcycle clubs who are attorneys, law enforcement, dentists, doctors, optometrist, judges, military members, in every profession you can possibly imagine. The guys and gals in these clubs are representative of what you will find in society.

The difference between riding alone, and riding in a motorcycle club, is that when you are with the club, you get a chance to socialize with other like-minded people, you get to attend club events, and if you’re in the right club you will have people who will help you if you need help, you also have people that you can ride with, which is much more fun than riding alone, it’s kind of like an extended family, and in some cases becomes a family for many members who do not have family members.

There are many people out there who as they get older lose family members, lose touch with friends, or find it hard to meet new people to hang out with and ride with. A motorcycle club or a motorcycle riding club is a very good solution to meeting new people to hang out with, and socialize with.

There are different levels of motorcycle clubs all the way from riding clubs, to family clubs, up to 1%er clubs.

You may have heard a lot of bad things about 1%er clubs, but the reality is the term 1%er just means that the club does not follow the rules of the AMA. Back in the 40’s and 50’s the AMA held races called the Gypsy Motorcycle Tour. Some of the clubs did not like the AMA rules and decided to do their own thing. They were the 1% that did not follow the AMA, that is where the term came from. 1%er clubs usually require much more of a commitment than let’s say a family club.

Some riding clubs require a minimum level of commitment. You can buy a patch, and ride whenever you want to all you have to do is show up. There are other more traditional clubs that require you to earn your patch, attend weekly or bike weekly meetings and follow the club bylaws. Obviously a 1%er club requires a bigger commitment than that say a family type of motorcycle club.

The crap that you see on TV has given motorcycle clubs a bad name and reputation, and is mostly that just crap. If all motorcycle club members acted like the guys on the TV shows and in the movies, there would be no motorcycle clubs, everyone would be in prison.

In my opinion, being in a motorcycle club is very gratifying. It’s nice to know you have a bunch guys and gals that you can hang out with (or gals if you are a woman). Most clubs for men allow the wives and girlfriends of the men to hang out and be a part of the club so it is a family type of atmosphere. There are all gal clubs and mixed male and female clubs as well.

I recently had a brother in my club who passed away. The club chipped in for his memorial service which would have been difficult for the family to pay for on their own. This brother had a big turnout for his funeral, and we all met later on to celebrate his life and to have one heck of a good meal.

Many people in this country die alone with no family, or little family and just a few friends. It’s nice to know that when you’re in a motorcycle club, that there is an extended family there for you, and that will be there for you all the way to the end.

Obviously, you should do your research, if you want to join a motorcycle club. Some riding clubs and motorcycle clubs you can simply contact on the Internet and inquire as to how to become a member. Other more traditional clubs require you to ask a member in person how to join. Some riding clubs let you join right up. Some clubs require you to prospect for a short time so that you can have a chance to learn about the club, and the club can learn about you, to see if you becoming a member is a good fit for both.

Prospecting into a motorcycle club seems like a mythical and daunting task, but it’s not. It’s all about learning how to become a motorcycle club member. There are certain protocols that more traditional motorcycle clubs follow, and the prospecting period gives you a chance to learn the rules, the traditions, and the protocols of being in a motorcycle club. It is like a hazing and right of passage that all members go through if the club requires it.

Whatever you do, do not do anything that makes you feel uncomfortable as a prospect or member. If you meet with the motorcycle club and you don’t get the right feel, seek out another club. You should never do something when joining a motorcycle club, that you know you should not be doing, especially committing crimes.

I repeat, just because you are joining a motorcycle club, and putting a patch on, does not give you a license to commit crimes. On the contrary, every motorcycle club that I know will kick you out if you commit a crime while wearing a club patch. It’s the complete opposite of the bullshit you see on TV. Clubs do not like to look bad, especially in public.

No motorcycle club wants members of other motorcycle clubs to commit crimes either, because it gives all a bad name.

Even amongst Walmart employees there are always a few bad apples. Stay clear of the bad apples and you will have no problems. It really is about common sense. It is like picking a girlfriend. You will know whether it feels right or not. However, in most cases, the club will be there for you even if your wife, girlfriend, or husband if you are a female, leaves you.

Most traditional motorcycle clubs have anywhere from a three month to a six month or more prospecting Period. As a prospect you’ll be expected to attend as many events as possible, shake hands with as many people as possible and introduce yourself, be available to club members to do chores, and to clean up and be of service. It is a rite of passage that every traditional motorcycle club member has to go through, and frankly it’s not that hard. Just show up and do it.

Each club treats their prospects differently. I am not going to come on here and write an article impugning any motorcycle club whatsoever. I for one have prospected in multiple clubs for over a year total. Some clubs are harder on their prospects than others. Again, the prospecting period is for you and the club to feel each other out. Some riding clubs do not require prospecting.

With the modern-day Internet it is a lot easier now to do research on different clubs if you’re looking to join a club. If you contact a club through the Internet, you will be surprised to find that many of them will respond and invite you to an event. Then again, many of them will not respond, they expect you to approach a member and ask about membership.

Some clubs require you to hang around a bit before becoming a formal prospect. This again is a rite of passage and it is standard motorcycle club protocol for traditional clubs.

There are all types of motorcycle clubs out there, and there are clubs for everyone.

On TV you will see a fictional superhero criminal portrayal of motorcycle club members, but the reality in my own experience is the complete opposite. You will find a lot of guys with tattoos, who also have families, jobs, and the last thing they want to do is get into trouble, this is true for the vast majority of 1%er club members as well. Don’t believe everything you read.

So, for all of you that are looking for a club to join, I wish you well and I will see you on the road.

By California Biker Lawyer Norman Gregory Fernandez, Esq., February 6, 2020

The post The joy of being in a motorcycle club; by California Motorcycle Accident Lawyer Norman Gregory Fernandez 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.

Recently, I have spoken with several people seeking legal advice, or clients trying to get a discount or gain some other advantage in their relationship with me, wherein I was told that either the person had recorded their conversation with me, or the person recorded their conversation with somebody else.

I advised them that what they did was illegal under California Penal Code section 632, which makes it unlawful for a person to record another person without their permission on a phone call or in another setting where they have a reasonable expectation of privacy. There is an exception for law enforcement.

With the advent of modern technology, it has become really easy to record telephone conversations. In some states it may be legal to record phone conversations. However, if you speak to someone in California, and you do not get their permission to record the conversation, you could be either charged with a misdemeanor, or felony, for not obtaining their permission first.

As a California attorney, it blows my mind every time somebody admits to me that they illegally recorded a phone call with me without my permission. What do these people expect will happen when they threaten an officer of the court?

With respect to people who seek legal advice from me telling me that they have recorded other people without their permission, the short answer is not only is the recording illegal, but the recording is not admissible for any purpose because it was illegally obtained and it is considered fruit of the poisonous tree.

With modern technology, it is very easy to edit a recording using digital software on a personal computer to make a conversation totally different than what actually occurred, or to edit out certain words, to change the context of a conversation. Therefore, the phone recordings are not reliable without a credible chain of evidence.

A solution to this problem is to inform people that the call may be monitored or recorded for quality of service. This is why almost every company you call has this admonition when you call in to them. They are basically telling you the call is being recorded, and by you continuing to call, you were consenting to being recorded.

On services such as Google voice, or ring central, when you hit the record button, the service will announce that the call is being recorded to prevent any illegal acts.

Therefore, in a nutshell, unless you are law enforcement, or acting on behalf of law enforcement, you should not record telephone conversations, or in person conversations with people in California, without the consent of the other person unless you are law enforcement, or acting on behalf of law enforcement, or you could be charged with the crime. I advise you to look up California Penal Code section 632.

By California Personal injury Lawyer Norman Gregory Fernandez, Esq., March 2019

The post In California it is illegal to record somebody on the telephone without their permission 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.

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 Accident App Icon

The Law Offices of Norman Gregory Fernandez & Associates is proud to introduce our new California Accident App ™ for the iPhone, iPod, and iPad, and for Android Phones Tablets, and devices.

Best of all it is FREE for all users worldwide.

Our California Accident App™ is available on Apple iTunes by clicking here, and on the new Google Play Market (replacement for the Android Marketplace) by clicking here.

We developed this mobile application to assist all California drivers in the event that should be in a car, motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases.

Here is a description of the California Accident App™ right from iTunes and Google:

Why download the California Accident App™?

The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen.

Here are some screen shots, click on each image to see a bigger image:

California Accident App™ features:

– Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident.
– Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident.
– Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.)
– Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions.
– Emergency Services Locator.

Here are the QR Codes to help you find our California Accident App easier:

QR code for the California Accident App on iTunes for Apple Products

QR code for the California Accident App on the Google Android Play market for Android devices

By motorcycle, truck, or other motor vehicle accident. The California Accident App can also be used in Slip and Falls, and other California Personal Injury cases. Here is a description of the California Accident App™ right from iTunes and Google: Why download the California Accident App™? The California Accident Application™ is one of those things you don’t think you will ever need, until you do. And when you do, you’ll be glad you took a few seconds to download it. the California Accident App provides straightforward to-do’s, fact and evidence gathering tools to ensure you or your loved one are informed and protected when moving vehicle accidents happen. None of us like to think about it, but car accidents do happen. California Accident App™ features: – Camera, video recorder and text notepad provide all you will need to record all of the pertinent data about any moving vehicle accident. – Invaluable FAQ section containing important information about the appropriate procedures to prepare for and handle any moving vehicle accident. – Time saving forms to clearly collect accident information from the other parties (drivers, witnesses, passengers etc.) – Automatic GPS locator which aides in recording critical accident facts like traffic patterns and driving conditions. – Emergency Services Locator. Go ahead and install the California Accident App™ on your mobile device now, and hopefully you will never need to use it. However, if you do, remember the logo and use it. By California Accident App™ Developer, California Personal Injury Law Firm, The Law Offices of Norman Gregory Fernandez & Associates ” href=”http://www.thepersonalinjury.com”>California Accident App™ Developer, California Personal Injury Law Firm, The Law Offices of Norman Gregory Fernandez & Associates

The post Introducing our new California Accident App 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 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.

Scene of tragic Salinas, California Accident

SALINAS, California – A 6-year-old Salinas girl was killed after her father attempted to chase down a pickup truck on Highway 101 in North Salinas that he thought had his stolen motorcycle in the back, investigators said Thursday.

Just before 4:30 p.m. Wednesday, Luis Armando Molina, 33, of Salinas, was driving a 2000 Chevrolet Suburban sport utility vehicle on Highway 101 when he spotted a motorcycle in the back of a pickup truck, investigators said.

Believing the motorcycle was his stolen bike, Luis Molina chased after the gray truck, California Highway Patrol Officer Robert Lehman said. Luis Molina’s wife, three daughters aged 2, 5, and 6, and 10-year-old son were all riding in the SUV.

Dispatchers received 911 calls from motorists reporting two vehicles speeding recklessly on northbound Highway 101, Lehman said.

To catch up with the speeding truck, Luis Molina attempted to pass slower traffic by driving more than 60 miles-per-hour on the northbound shoulder, the CHP said.
He lost control and the SUV flipped near the Laurel Drive exit.

Xitlali Molina, 6, was thrown from the SUV.

Emergency responders who were first on the scene whisked the 6-year-old to Natividad Medical Center in Salinas, Monterey Sheriff Detective Kevin Gardepie said.

Despite surgeons’ attempts to save her, Xitlali Molina’s injuries proved lethal. The 6-year-old was pronounced dead at 5:07 p.m. in the emergency room, Gardepie said.

At the crash scene, a rumpled pink child car seat lay next to the wrecked black SUV Wednesday evening.

Xitlali Molina had been riding in the back seat of her father’s SUV, the CHP said.

Investigators are focusing on determining if she was properly buckled in a child restraining seat before the collision, Lehman said.

Her 2-year-old and 5-year-old sisters were both properly buckled in child safety seats, and her older brother and parents had seat belts on, Lehman said. California law requires all children younger than 6, or weighing less than 60 pounds, to be secured in a child safety car seat.

Immediately after the crash, all lanes on Highway 101 northbound in North Salinas were shut down during the evening rush hour commute and traffic snarled for miles. The lanes were closed so that a CalStar ambulance helicopter could land on the highway.

The helicopter airlifted the driver’s wife, Maria Molina, 32, of Salinas, to a Bay Area trauma center to be treated for moderate injuries.

Luis Molina and his other three children escaped the crash with minor injuries.

The pickup truck driver fled the scene. On Thursday afternoon, CHP officers were still searching for the driver and the gray Chevrolet pickup truck with tinted windows.

Xitali Molina would still be alive playing with her favorite princess dollhouse and riding her pink scooter if her father had not chased the truck, neighbors said.

“It’s just sad. Especially if it’s a little girl and she has her whole future ahead of her,” neighbor Nick Mederos said Thursday. “One tragic incident and it’s all over.”
The father could be charged with reckless driving and vehicular manslaughter for the fatal crash. The Monterey County District Attorney’s Office will make that decision once the CHP concludes their investigation.

Luis Molina has a criminal history, including five convictions for driving with a suspended license. He has also been arrested for past reckless driving and burglary.

Chasing another vehicle on the highway, no matter what the reason, is not a smart course of action, Lehman said.

“The best thing to do is be a good witness. What’s most helpful to us is a license plate number, we can do a lot with that,” Lehman said. 911 dispatchers will alert nearby officers so that trained emergency officials can track down and pullover the suspected vehicle safely.

Salinas California Car Accident Lawyer and Motorcycle Accident Attorney Website

The post California Highway 101 Fatal Crash – Driver Was Chasing His Stolen Motorcycle first appeared on Biker and Motorcycle Accident Lawyer Blog.

I have written about Sport Motorcycle Riders raising hell on public streets on the Biker Law Blog many times in the past.

Here is a link to a story and videos, I wrote and posted almost 4 years ago showing this type of activity on a freeway; click here now.

Below is a video of a freeway closing by sport motorcycle riders in Texas this past weekend.

I know I am going to get the usual “Yea I am a badass sport bike rider so screw off” messages from certain sport bike riders who read the Biker Law Blog, but the real fact of the matter is that idiots doing stuff like this on public freeways will only bring down heat on everyone riding a sport motorcycle, even the poor bastard who may have just bought an inexpensive motorcycle to ride to work on.

I know the idiots doing these things think it is cool to raise hell like this and then post the videos on Youtube and the like, but in the end no good can come out of it.

You can watch the video below and see for yourself. The video comes from a news channel in Texas, and a short commercial will appear before the video appears.

You tell me if you think the non riding civilian public will tolerate this kind of thing and if you think it will bring down heat on all bikers.

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

The post Sport Bike Riders Close Another Freeway While Doing Stunts; They will Bring Down Heat on All Sport Biker Riders. first appeared on Biker and Motorcycle Accident Lawyer Blog.

Motorcycle Riders about to ride up the Angeles Crest Highway

As the California State Department of Transportation is poised Friday to re-open Angeles Crest Highway, a curvy mountain road beloved by bikers, the CHP will step up enforcement.

The Crest’s sweeping turns and steep cliffs demand motorcyclists navigate the road with care and at a controlled speed, and the California Highway Patrol plans to help folks remember this through the Motorcycle Safety Coalitions grant, the agency announced Wednesday. CHP Public Information Officer Ming-Yang Hsu declined to release the amount of the grant.

The grant, which provides enhanced enforcement effort by CHP officers through September 30, will focus on traffic violations made by motorcyclists, as well as other vehicle drivers that can lead to motorcycle collisions, injuries and fatalities, according to a CHP press release.

“Angeles Crest has one of the highest accident rates in the state,” Hsu said, adding the CHP waited to make the grant announcement until Caltrans’ announcement of reopening the road.

According to data from the CHP’s Statewide Integrated Traffic Records System, 164 motorcycle-involved collisions occurred on Route 2 from Starlight Crest Drive to state Route 39 in Los Angeles County between January 1, 2007 and December 31, 2008. Among the collisions, eight were fatal, seven of which were the result of unsafe speed. Of those, speed was the primary collision factor for 98 of the accidents.

Therefore, in an effort to reduce the number of motorcycle-involved fatal and injury collisions along the 38-mile stretch of highway patrolled by the Altadena Area office, the CHP will establish a task force and develop and implement a public awareness campaign by working with local agencies and community members.

Funding for this grant was provided by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Basically what this grant does is give the CHP more money to put more officers on the Angeles Crest to roust motorcyclist and bikers.

You have now been warned, take it easy out there!

California Biker Lawyer

The post The California Highway Patrol gets ready to Roust Bikers as Angeles Crest Highway Re-Opens Today first appeared on Biker and Motorcycle Accident Lawyer Blog.

Beautiful Sandy Desoto killed on her Motorcycle by suspected Drunk Driver

I received the following letter via the Biker Law Blog contact page from a friend of Sandy Desoto on May 19, 2011. I am going to publish the entire letter below unedited, and then I will comment below.

—–Original Message—–

From: Nobody [mailto:xxxxxxxxxx] On
Behalf Of James R. Brennan

Sent: Thursday, May 19, 2011 7:14 PM

To: xxxxxxxxxx

Subject: From Biker Law Blog; Death of Sandy Desoto, May 7, 2011

From: James R. Brennan <xxxxxxxxxxxxx>

Subject: Death of Sandy Desoto, May 7, 2011

Message Body:

Hello,

I work out on a regular basis as Gold’s Gym Venice.  Sandy Desoto was a regular there as both a personal trainer and to do her own routine.  I was shocked to find out that she’d been killed on her motorcycle by a 74-year old New Jersey tourist making an illegal u-turn, while intoxicated.  I was so interested in how this situation might play out, that I went to the Santa Monica police department and asked for a case number so that i might take it over to the DA’s office at the LAX courthouse in order to follow the courtroom proceedings as they unfolded.  I was again shocked when investigator Detective Dawson told me, in no uncertain terms, that he would NEVER release ANY information about this case:  not the driver of the car, not any of the finding of facts from the investigation, NOT ANYTHING – EVER!  I asked him why this case was considered to be so special that he couldn’t even reveal the name of the driver of the car?  His only response was that the family of Sandy had requested that no information be given out.  I asked him if there was any way that I could force the issue in order to obtain the available information, and he told me that I’d have to obtain a “freedom of information” writ.  This whole business stinks to high heaven and seems to me like some kind of a coverup.  Was there something wrong with Sandy?  Was the driver a high-profile individual that doesn’t want his name spread?  Anyway, I believe that something should be done to pry this information out of the police.  I thought that this kind of thing was a matter of public record.  I would like to get your take on what I’ve said here.  Also, I will make myself available to do whatever’s necessary to bring this case out of the shadows and into the light.  Thank you! Jim
Brennan
—
This mail is sent via contact form on Biker and Motorcycle Lawyer Blog

It does not take a rocket scientist to see that some kind of cover up is going on here. I think that the public has a right to know why a person was killed on city streets by another person, and why the person who did the killing seems to be protected.

I am going to make my own inquiries, but in the meantime, I would ask all of you to call the Santa Monica Police department and ask them why they are covering up what happened.

California Motorcycle Accident Attorney Norman Gregory Fernandez

The post A Letter from a Friend of Motorcycle Rider Sandy Desoto Who was Killed on Her Motorcycle first appeared on Biker and Motorcycle Accident Lawyer Blog.

Watch out for counterfeit helmets bearing DOT labels

Novelty and/or Counterfeit DOT motorcycle helmets may look the part, but many, if not all, fail to meet federal safety standards.

These dubious novelty and/or counterfeit helmets feature a Department of Transportation (DOT) approved label, but most are counterfeit, according to the National Highway Transportation Safety Administration (NHTSA).

In other words if you buy a cheap helmet that you think is DOT certified because it has a DOT label, you may be buying nothing more than junk.

It is important that if you want to wear a DOT helmet for safety purposes while riding your motorcycle that you ensure you are buying a helmet manufactured by a reputable helmet manufacture.

To help combat counterfeiters, the NHTSA has revised the DOT labeling for motorcycle helmets that now reads “DOT FMVSS No. 218 Certified,” which is an acronym for the Federal Motor Vehicle Safety Standard 218.

Effective May 13, 2011, all new motorcycle helmets must have one of these new labels in its interior, which show that the lid met federal standards for “Impact Attenuation,” “Penetration” and “Retention System,” such as the strap.

Besides reading “DOT FMVSS No. 218 Certified,” the label will also identify the motorcycle helmet manufacturer, precise model designation and also month and year of manufacture.

According to the FMVSS No. 218, “Each helmet shall be labeled permanently and legibly, in a manner such that the label(s) can be read easily without removing padding or any other permanent part.”

And of course, the DOT logo sticker must be present at the lower rear of the motorcycle helmet.

The NHTSA says these new labeling requirements will enhance overall motorcycle safety based on the following statistics:

1. A motorcycle helmet that meets the DOT FMVSS No 218 requirements drops the risk of dying in a motorcycle crash by 37 percent, the NHTSA reports; and
2. If fewer helmets are created that don’t meet the federal standard, the NHTSA reports that between 22 and 75 lives may be saved.

It is good to see the NHTSA trying to save the lives of motorcyclists by attempting to weed out scumbag helmet counterfeiters. However, there is a good chance that the new labels will also be counterfeited.

California Motorcycle Accident Attorney Website

The post Watch out for Counterfeit DOT Certified Helmets – Look for Revised DOT Labeling. first appeared on Biker and Motorcycle Accident Lawyer Blog.