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.

The worst possible scenario has happened. You are out with your friends having a great day riding your motorcycles, you are in a pack, next thing you know, some idiot in a car cuts into your lane and takes you out.

Next thing you know you’re lying on the pavement, in a state of shock with people standing over you, asking if you’re okay, telling you not to move. You ask, “how is my motorcycle,” something almost every down motorcycle rider asks after an accident.

Next thing you know you are in an ambulance on the way to a trauma center, you are in pain, you are scared, you ask how bad you are hurt, but the paramedic simply tells you to stay calm and everything will be okay.

Thousands of motorcycle riders each year face this same scenario. Most motorcycle accidents result in severe to catastrophic injuries. Many motorcycle accidents result in relatively minor injuries compared to those who have suffered catastrophic injuries. However most relatively minor injuries for motorcycle riders are not the same as for victims of car accidents.

A relatively minor motorcycle accident might involve having road rash and a jacked-up knee, arm, shoulder or something like that. I have handled hundreds of motorcycle accident cases, and it is very rare that there will be minor injuries like what you can expect in a rear end or small impact car accident.

Before 2010, there were just a few of us real motorcycle accident lawyers advertising for motorcycle cases in California, who specialize in motorcycle accident cases.

Now let me get one thing straight, the California State Bar has certain specialties where attorneys with a minimum amount of practice time, can take a special test, and become a certified specialist pursuant to the California State Bar. The California State Bar does not certify personal injury, or motorcycle accident cases as a State Bar certified specialty. So, when I talk about specialize in motorcycle cases, I am not talking about State Bar certified specialty. What I am talking about is someone who has an expertise in a certain area of personal injury.

Someone like me who specializes in motorcycle cases, not only handles a ton of motorcycle cases, but they are also experts in all aspects of motorcycle accident cases. I have been riding motorcycles since I was a kid. I started riding Street motorcycles legally on the street at 17 years old and have ridden all types of motorcycles on the street.

No matter what you are told, there is no way a generic personal injury attorney advertising for motorcycle accident cases, will be able to argue a motorcycle accident case, unless they are experts at riding motorcycles. It’s just not possible because without the first-hand expertise of starting a motorcycle, dressing for the ride, starting from a dead stop, shifting gears, riding in city traffic, freeway traffic, mountain roads, etc., you have no idea from a first-person perspective what a motorcycle rider faces. Therefore, there is no way you can be as good as an attorney who rides motorcycles, it’s as simple as that.

Imagine hiring an attorney for a car accident case, who does not drive cars. How is the car accident attorney supposed to understand what happened in the car accident, without having a perspective of being an expert car operator.

You may be able to fake it in court, and try to imagine what it’s like to be able to drive cars if you cannot drive a car, but the jury is pretty smart and they will know you are faking it.

It’s the same thing with motorcycles, but even more complicated because with motorcycles there are no extra layers between the motorcycle rider other than what they are wearing, and the road. The only way to know how that feels is to actually be a motorcycle rider.

I’ve discussed this many times before, there is also a certain prejudice against motorcycle riders by not only law enforcement, but by the general public, and jurors. Many of them think that riding motorcycles is a dangerous activity, and motorcycle riders taking the risk, should bear the responsibility of what happens to them.

It takes an expert to be able to cut through the prejudice and get the motorcycle rider what they are entitled to in court.

I am an expert in motorcycle accident cases. I have been riding motorcycles for over 40 years. I have handled countless motorcycle accident cases. I am not a poser pretending to be a motorcycle rider.

I will tell you flat out that there are fake poser attorneys all over the place in California, having their picture taken next to motorcycles, claiming to be motorcycle attorneys, who have never ridden a motorcycle, or maybe have ridden a motorcycle once or twice in their life. I am among one of the original few motorcycle attorneys in the state of California that existed before 2010.

The American Bar Association asked me to give a speech at their 2010 convention about my motorcycle accident practice. The actual speech I gave is actually on the Internet and it is kind of an embarrassment to me. After that speech where I told the attorneys in the audience to pick something they like and apply it to their law practice. Instead, the American Bar Association put the speech on the Internet, and every Tom Dick and Harry rather than take their own hobby and apply their practice to it, instead claimed to now handle motorcycle accident cases because they saw my speech as a marketing niche for them. They totally missed the point of my speech. I actually created a bunch of competition for myself by giving that speech. I wish I could take it back, because unfortunately many motorcycle riders out there have been suckered into signing up with these guys. It’s most probable that they did not get the settlement or judgment they should have gotten because they were with an attorney that wasn’t an expert motorcycle attorney.

As I have stated in previous articles you will see a couple of big firms advertising all over motorcycle rallies, motorcycle publications, and at motorcycle venues. They have hot young paid models at their booths. They give out trinkets, promise roadside assistance, etc. They are all just big marketing outfits. A couple that I know of simply either farm cases out to regular attorneys in return for a referral fee, or they charge regular attorneys for a geographic region for advertising purposes. Do you really want to put your life in the hands of one of these marketing outfits? Would not it be better for you to have an expert motorcycle attorney on your side that you can count on?

Giving out trinkets that cost a couple of bucks does not make you an expert motorcycle accident lawyer. Stating you provide roadside assistance should be left to the experts like AAA Roadside Assistance who you know for sure will take care of you when you need help. Why would a motorcycle accident attorney be trying to lure clients by purporting to give out roadside assistance. Why don’t they make french fries and juggle as well. A real expert motorcycle accident attorney does not need to hire models and put on a carnival show at events and venues.

I have never put up a booth at a rally or venue, nor do I need to advertise in Biker and Motorcycle Publications. I am known all over California for my Motorcycle accident expertise, and the riders come to me through word of mouth through the biker community. I think it is bad Karma to advertise like the other outfits do, it kind of makes me sick.

My name is California Motorcycle Accident Lawyer Norman Gregory Fernandez, and I am an expert in handling motorcycle accident cases. I am the founder of injuredbikers.com, and my firm if we believe we can help you, will give you the best possible representation on your case by an actual motorcycle rider who is an expert in motorcycle accident cases, and personal injury.

We will help get you medical attention if you don’t have medical insurance, even if you do have medical insurance, we will help get your motorcycle fixed or replaced, we will get you compensation for your loss of wages, medical bills, pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium for your spouses if you’re married.

Many of you may not know what the damages I mentioned above mean. Call me at 800-816-1529 and you will get to talk to me personally, and I will explain everything to you.

You’re not going to talk to a paralegal, you’re not going to talk to a non-attorney case manager, you’re not going to talk to a legal assistant, the consultation will be done by me, and I will direct all aspects of your case. If we go to trial, I will be the one that does the trial.

Check out some of the pictures on this site, my Motorcycle and Biker experience is all over the place and is not like some poser who does not ride posing next to a motorcycle to con you in to thinking he or she rides.

For motorcycle accident riders whose life is on the line unlike minor car accident victims, it is critical you pick the right attorney. We do not play games in my office, we are real bikers who specialize in motorcycle accidents, and we are experts at what we do. I am a top rated nationally recognized lawyer.

God forbid if you’re in an accident either as a rider of a motorcycle, or a passenger on a motorcycle, give us a call at 800-816-1529, 24 hours a day, seven days a week, and we will give you a free consultation. Most of our clients are jacked up. We can sign you up electronically anywhere in the state seven days a week 24 hours a day. You will get an account on our client portal system so that you can send and receive secure messages to us, upload and download case documents, and more. We are one of the few law firms that offer this service to our clients in the nation. We are a modern law firm, and we are mean and lean. We know that you are hurt so everything is done to make life easier for you.

When you pick biker lawyer Norman Gregory Fernandez to handle your motorcycle accident case, the only thing you will have to worry about is getting better, telling us where the bike is so that we can have an adjuster come out and take a look at it, letting us know when you’re better, and cooperating with us when we are fighting for you. We make it easier for you to go on with your life as we prosecute your case. At the end of the case, we try to get you as much money as possible.

Hopefully we will not hear from you which means that you are safe and not in a motorcycle accident. But if you are in a motorcycle accident call us now at 800-816-1529.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., December 22, 2019.

The post You have had a motorcycle accident; which attorney are you going to pick? By California motorcycle accident lawyer Norman Gregory Fernandez first appeared on Biker and Motorcycle Accident Lawyer Blog.

As a motorcycle accident and a personal injury attorney, I run across people all the time who just want to pick my brain for information thinking that they will try to handle their personal injury or motorcycle accident case without an attorney. I always think to myself, “what an idiot.”

First off, I can pretty much tell when somebody wants to retain an attorney as opposed to when someone just wants to pick my brain for information.

Let’s say you need an appendectomy or knee surgery; would you try to do the surgery on yourself? Of course not. What makes you think you can handle a complex motorcycle accident case, or a personal injury case on your own? We attorneys are Juris Doctors, who have gone to Law School for 3 to 4 year, then passed the hardest Bar exam in the nation and then specialize in different areas of the law just like medical doctors specializing in different areas of medicine. Attorneys who specialize in personal injury and let’s a motorcycle accident cases are different from attorneys who specialize in real estate.

Personal injury law is a highly complex area of the law which is not something that you can just willy-nilly do a Google search on and figure out without a high degree of education and training. The insurance company will never take you seriously, and when you approach them without an attorney,  they will know they have a sucker on the hook when you call them without an attorney.

Everything you say can and will be used against you in your case. You can completely blow your case and not even know it by talking to the insurance company on your own.

In almost every instance you will get more money with a personal injury attorney than trying to handle a case on your own. Don’t be a fool, get a lawyer on your personal injury, motorcycle accident case, or other injury case.

We at the law offices of Norman Gregory Fernandez are here to help you on your personal injury or motorcycle accident case you may call us anytime at 800-816-1529. You may go to our personal injury website at www.thepersonalinjury.com . If you had a motorcycle accident you may call us at 800-816-1529, or you may go to our website at www.injuredbikers.com .

By California Personal Injury Attorney Norman Gregory Fernandez, Esq.

The post Don’t Be the Fool Who Tries to Represent Themselves in A Personal Injury Case first appeared on Biker and Motorcycle Accident Lawyer Blog.

Alvaro Horacio Arroyo on right, pictured with his mother 20 minutes before he was fatally injured in a motorcycle accident

On March 30, 2013, Alvaro Horacio Arroyo, was enjoying a day with his family.

He is pictured here on the upper left with his mother just 20 minutes before he was fatally injured in a motorcycle accident that was caused due to a negligent elderly person who made a left turn in front of him.

He was the jovial father of four sons, Alvaro – age 13, Alessandro – age 9, Ali – age 7, and Alden – age 2.

He was a loving husband to a blind and disabled wife Rosa.

He was a loving brother to Marisa, Nancy, Hector, Elmer, and Jesse.

He was a loving son to mother Agripina.

Alvaro was known as a kind and jovial person; the kind of person who made friends with everyone. He was the kind of person who made everyone laugh, and who everyone wanted to be around.

He was a role model to his children, and never balked at lending a helping hand to anyone that needed it, most of all his family.

On March 30, 2013, Alvaro decided to take his niece Bianca, for a ride around the block on his 2012, Yamaha YZF R6 motorcycle.

Bianca happened to be the primary caregiver for Alvaro’s disabled wife Rosa, and is herself also married with kids.

On that fateful day on March 30, 2013 as Alvaro and Bianca went for a short ride around the block where they lived, a car driven by a careless and  negligent elderly person turned left directly in front of them.

Having no time to react or maneuver or stop, they hit the vehicle.

Alvaro suffered massive head trauma and died of his injuries on April 5, 2013.

Bianca suffered severe injuries to her right leg, and the right side of her face which required multiple surgeries to both.

Her recovery will be slow and painful and she will need much more medical treatment and therapy to recover.

Rosa and Bianca now both need help living day to day, as well as their children.

The children of Alvaro and Bianca are suffering untold emotional distress, and at their young age do not really full comprehend the tragedy that has happened to the family simply because a negligent driver was not paying attention to what they were doing while driving.

Alvaro was a registered organ and tissue donor. With his wife’s approval, Alvaro’s organs were donated in an attempt to save other people’s lives. One Legacy he leaves is that he has helped other people to live by donating his organs.

This tragedy has left Alvaro’s family with no money to live.

They are in extreme need of help. The family is accepting donations through their PayPal account at:

lupiruz@msn.com

To make a donation simply go to PayPal by clicking here, and send your donation to email address:

lupiruz@msn.com

Services for Alvaro will be held at:

Forest Lawn Cemetery
1500 E. San Antonio Dr.
Long Beach, CA 90807

Visitation service and viewing will be:

Friday, April 19, 2013 5:00 pm – 9:00 pm

Memorial and Funeral will be: Saturday, April 20, 2013 2:00 pm

Rest in Peace Alvaro…………..

Norman Gregory Fernandez, Esq.

The post Alvaro Horacio Arroyo, killed in a motorcycle accident; Rest in Peace. 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.

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.

California Biker Lawyer and Motorcycle Attorney Norman Gregory Fernandez North of the Golden Gate Bridge

Riding on a motorcycle with a friend is one of the most fun things you can do. It could be a much more enjoyable experience if the passenger understands and follows quick and easy rules. To become the kind of passenger riders wish to ride with, try to remember the advice given below:

Wear clothing that will give you some protection in the unlikely event of crash or accident. At the minimum, you should wear the following to safeguard yourself:

Footwear that protects your feet and your ankles (hiking boots are excellent).

Durable pants–leather is most beneficial; if you don’t have or cannot get leather, you will need to get by with jeans, work pants, or something like that. An abrasion resistant jacket that zips or buttons in close proximity to the neck (again, leather is advisable should you have it; a nylon flight jacket or parka are satisfactory, and a Levis-type jacket will do in a pinch).

Durable gloves.

Eye protection–ideally, the helmet you borrow or own needs to have a face shield for comfort in addition to eye and face protection. If it does not, goggles are excellent, and glasses (dark or prescription) will do.

It’s also wise to make an effort to dress appropriately for any weather.

If you have not ridden as a motorcycle passenger very much, you probably do not realize how hot or how cold it can be on a motorcycle ride. If it is hot, it will feel a lot hotter when you are riding; when it is cold, it will feel a lot colder when you are riding. Ask the rider for assistance or tips on dressing for any anticipated weather conditions. When choosing comfortable attire, try not to compromise your minimum level of protection as described above.

On hot sunny days, one trick would be to wear an extra-large white shirt over your jacket. It’s going to reflect a great deal of heat and help keep you cool. (This is not one of my tips, but it is recommended by other riders) In general, it really is easier to dress safely and comfortably for just a cool day compared to a hot one. Lastly, don’t wear anything loose and floppy (like a long scarf or bell bottom pants) which could get caught in the rear wheel, sprockets, drive chain or belt, or any other moving area of the motorcycle. You could injure yourself, and might cause an accident.

Wear a securely fastened helmet which fits properly. Most riders have extra helmets and will also be glad to loan you one.

A helmet should be a snug fit; it shouldn’t be possible to twist it around on your head. The strap should be pulled as tight as you can get it without choking yourself out. You can try for fit, and also to find out if the strap is tight, by holding the chin bar of your full face helmet, or the side edge of an open face helmet, directly over your forehead, and attempt to pull the helmet backwards off top of your head. In the event the helmet ends up on the back of your head, tighten the strap or get a helmet which fits.

Under no circumstances should you ride with a helmet that will slip easily over your head with the strap on. The rider can instruct you on the best way to put on your helmet properly. If you ride often, you will eventually want to buy your own personal helmet. Just about any motorcycle shop will help you choose a suitable helmet which fits you correctly.

Before you decide to attempt to get onto the motorcycle, make sure that the passenger foot pegs are down. (They fold when not being used, and it is easy for the rider to forget to put them down for you.) If you do not know where the foot pegs are, have the rider point them out to you.

Also, beware of the exhaust pipes. Make sure you know where they are, and do not let your leg or any area of your body touch them when you get on or off of the motorcycle. They can and will give you a severe burn all the way through the heaviest pants if you touch them with your legs or another part of your body.

It is actually customary to get on or off the motorcycle from the left side. Always wait for the rider to inform you its okay to mount or dismount. Should you begin to clamber on (or off) when the rider does not expect it, the sudden motion of the motorcycle can and may be disconcerting to the rider. You might even pull the motorcycle over.

The best way to get on a motorcycle and the method almost all passengers should use is to extend your right leg over the rider’s portion of the seat, and then slide gently up onto the passenger part of the seat. Put your feet on the foot pegs and that’s it.

If you aren’t able to do that because you are a small person or perhaps a child, this method may work: put your left foot on the left passenger foot peg, lean your whole body all the way over the motorcycle, and gently step-up until you can swing your right leg over the seat and ease yourself down. You need to keep yourself low and lean over the center of the motorcycle as much as possible when you jump on, to help the rider keep the motorcycle balanced. The extra weight of your body, if it’s too far out of line with the weight of the motorcycle, could pull the bike over.

A person reasonably in close proximity to a normal size (man or woman) should never need to use this method to mount a motorcycle, and a heavy person should not attempt it under any circumstances.

It’s all a matter of balance; the rider may not be sufficiently strong enough to hold a large motorcycle upright should you cause it to get out of balance.

To dismount, just reverse the process you utilized to jump on. After some practice, getting on and off will become second nature.

Once you are on the motorcycle, plant your feet on the passenger foot pegs and keep them there under all circumstances. You do not want to bring your foot into contact with the ground, rear wheel, drive chain, belt, or the hot muffler.

Never make an attempt to assist the rider to hold the bike upright when it’s stopped by putting your foot down. Keep the feet safe by keeping them on the foot pegs at all times.

Place your hands on the rider’s hips. This is the best way to keep hold of the rider, and it keeps you in touch with the rider’s movements. Keep your weight centered over the motorcycle. Try not to move around any more than is necessary, particularly when the motorcycle is stopped, because it affects the balance of the motorcycle.

Motorcycles turn by leaning (banking like an airplane), not by steering like a car. So don’t be alarmed when the motorcycle leans over to go around a corner.

To set yourself into the right position perfectly for any turn, just look over the rider’s shoulder towards the turn. When the motorcycle is turning right, look over the rider’s right shoulder; when it is turning left, look over the rider’s left shoulder. You don’t have to do anything else; looking naturally over the rider’s inside shoulder will automatically put your weight exactly where it belongs in a turn. Keep your body in line with the rider’s body to prevent the motorcycle from leaning greater than the rider intends. (When going straight, it does not matter which shoulder you gaze over.)

Never lean beyond a turn; you could cause a crash that way.

When the rider applies the brakes, it creates a forward weight transfer on the motorcycle. In the event the rider is forced to brake hard, as in an emergency, this forward weight transfer will be very apparent to you; you’ll be forced up against the rider, and you will begin to slide forward on the seat.

Don’t panic. Try to keep back, off of the rider. Resist sliding forward by pressing your feet up against the foot pegs; make use of your thigh muscles to manage your position on the seat. Should you slide forward, you may force the rider forward, decreasing the rider’s control of the motorcycle. Additionally, it moves the weight distribution of the motorcycle forward, reducing the weight on the rear tire and therefore the traction of the rear tire, which makes it much more likely that the back tire will begin to skid. Obviously, none of this is desirable. Try to keep yourself from jamming up into the rider by using your foot pegs and your thighs.

You will be an active participant in the ride by staying alert and being prepared. Help the rider search for potential danger, and stay prepared to hang on and hold yourself back in the event you anticipate a need for sudden braking.

Likewise, in the event the rider is forced to swerve the motorcycle in order to avoid a hazard in the road, you have to be prepared for a sudden lean and change of direction.

It’s also possible to assist the rider by scanning for animals that may run into the street. Dogs and deer are particularly unpredictable, and you might see a deer on a hillside above the road, or perhaps a dog in somebody’s yard, before the rider. (After all, the rider is concentrating primarily on the street.)

In the event you spot a hazard of any type that you think the rider is unaware of, rap the rider on the appropriate shoulder, and point at the hazard in a manner that brings it to the rider‘s attention.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

California Motorcycle Accident Attorney and Biker Lawyer Website

The post Techniques and Tips for New and Experienced Motorcycle Passengers first appeared on Biker and Motorcycle Accident Lawyer Blog.

Motorcycle accidents can be tragic as well as upsetting events.

The stats speak for themselves. Serious bodily harm as well as death is often the result of a motorcycle accident. Of the actual motorcycle accidents that do occur, roughly one out of every five motorcycle riders is actually fortunate enough to come away from the experience with just minimal bumps, bruises and abrasions. The lack of a protective buffer around the biker and the road inevitably leaves bikers in a very vulnerable situation. Generally there tend to be many common causes of motorcycle accidents, of which the most frequent, and clearly the predominant cause, is definitely a consequence of other motor vehicle drivers to some extent not seeing and recognizing motorcycles within dense traffic.

A number of reports offer support to this particular claim because they advise that virtually 66 % of almost all accidents involving a motorcycle and another car or truck are a direct end result of the motorist in a vehicle turning into the lane of the motorcycle and violating the motorcyclist’s right of way. It has likewise been advised that motorcyclists are 27 times more prone to die in a collision than are people in the other car or truck and they are also five times more prone to sustain an injury. Anyone can see then, the disastrous effects of car-motorcycle accidents.

Additional causative factors

Generally there tend to be a wealth of additional factors behind motorcycle accidents that occur quite frequently. One in particular can be motorcyclists who are inexperienced and simply do not know the constraints of their machine These brand-new riders push their motorcycles to the limit, which, in many cases, far exceeds the speed limit. This brings about another major reason for motorcycle accidents. Needless to say, speeding is not only restricted to new and young motorcycle riders, as often older and more experienced motorcycle riders have been also guilty of operating their motorcycles past the speed limit. Many motorcyclists really like the feel of the wind blowing through their hair, the freedom associated with the open road and the thrill associated with riding fast just inches from the road however,, traveling over the speed limit can result in dire consequences. A quick slip of the handlebars or an unforeseen obstacle ahead of the motorcycle can easily send the motorcycle reeling out of control. Therefore, speeding can be extremely dangerous and it’s also frequently the reason for many motorcycle accidents.

An additional common cause of motorcycle accidents can be a consequence of the motorcyclist’s carelessness. In cases where the motorcycle accident does not include another car, truck, or vehicle, the failure of the motorcycle rider to reduce speed when making a turn or simply under-turning as well as over braking in the turn are causes of motorcycle accidentrs in some instances. There can to be many various other things that may cause physical harm to the motorcycle rider after the initial motorcycle accident. Fuel leakage and spills in the post-crash phase can introduce a fire hazard and are common within approximately 60 % of all accidents sites.

Be careful out there when riding your motorcycle.

Riding within 5 miles per hour of the speed limit and wearing proper protection as well as a good helmet can make your ride more enjoyable, and increase your odds of survival in the event you are in an accident.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

The post Common Factors Behind Motorcycle Accidents 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 Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez at the Beach Ride

As a California Motorcycle Accident Attorney and Biker Lawyer, I regularly deal with all sorts of different motorcycle accident cases that are caused by all sorts of different scenarios. As an actual rider of motorcycles, something that sets me apart from other lawyers who handle motorcycle accident cases, I know firsthand the risks and dangers of riding motorcycles.

I am always asked what do you have to watch out for the most while riding your motorcycle. I could write an entire book on this subject, however, I will do my best to answer the question in this short essay.

There really is no simple answer to this question. Motorcycle accidents are caused by other negligent motorists, lack of riding experience or knowledge, road conditions, loose debris, mechanical failure, excessive speed, tire failure, weather, animals, drugs and alcohol, even medical conditions of a rider.

All of these topics warrant a lengthy discussion.

However, in my practice and in my opinion, the single largest cause of motorcycle accidents is other motorists in 4 wheel or greater vehicles, we bikers and motorcyclist call these persons “cagers.”

The largest threats to a biker and motorcyclist from a 4 wheel motorist on his or her motorcycle are; (1) A motorist turning left in front of you, (2) A motorist cutting you off or hitting you while exiting a driveway or an ally, (3) A motorist cutting you off or hitting you while coming from a side street, (4) a motorist merging into you from the side while driving next to you or near you, (5) a motorist pulling out from the curb, and (6) getting rear ended.

Among all of the motorcycle accident cases that I handle, the threats articulated above are the main causes of motorcycle accident and motorcycle accident death cases that I handle.

There are some basic preventative measures you can take to minimize the chances of you becoming the next victim of a negligent motorist while out on your motorcycle.

Beyond taking a certified motorcycle safety course, and advanced course on your own motorcycle, not driving while intoxicated, wearing proper riding attire including a DOT certified full face or modular helmet, and making sure you have a proper motorcycle endorsement, there are a few tricks I have learned throughout the years that I will share with you.

(1) Don’t ride too fast for the conditions you are in.

Most motorcycle accident happen on city streets, and within a 5 mile radius from your home. If you are on let’s say a 4 lane street (2 in each direction), there are risks everywhere. Make sure you keep your speed down so that if you have to stop or slow down quickly, you can. Remember, the faster you ride, the longer distance it takes for you to slow down or stop.

(2) Cover your brakes at intersections or when you see a risk.

Covering your brake means to put your hand over the front brake lever to prepare to use your brake. You should cover your brake anytime you enter an intersection where you see a car stopped on either side of you, or a car waiting to make a left turn in the opposite direction. Why, because already having your hand on the brake lever will give you an extra second or two to hit the brakes and to potentially avoid and accident if one of the cars drives or turns in front of you.

I know it sounds like a hassle, but if you do it everytime, it will become engrained into your muscle memory and you won’t even have to think about it in time.

Under certain circumstances, you may even want to hit your brakes while covering, to heat the them up so that you can stop faster, and to signal the car behind you that you are slowing down. The car behind you cannot see you if you let off of the throttle and use your engine to slow you down.

(3) Look at the tops of the wheels of a threatening car.

When you see a car stopped as you approach a driveway, a side street, or in the oncoming left turn lane, look at its wheels, especially the tops of its wheels if you can see them. If you cannot see the tops, look at the tire rims or hubcaps. The tops of the wheels actually move much faster than the actual car does, and it will give you an indication of whether the car is moving towards you or not. Your eyes will be able to perceive the wheels moving way before your eyes will be able to perceive the entire car moving forward. Don’t ask me why, it is just the way we perceive things.

Obviously if you are riding along and you see a car stopped at a driveway or a side street, and you see its tires moving, you better assume that they do not see you, and take evasive action. The best evasive action is to brake or stop and to not swerve because when you swerve you have less motorcycle tire contact than if your tires are straight up and down. The less tire contact you have, the more likely that you will not be able to stop in time, and/or lose control of your motorcycle and lay it down.

If you see an oncoming car in the left hand turn lane, and its tires start to turn in your direction, assume that they are going to turn in front of you, and take evasive action.

(4) Assume that other motorist cannot see you when you ride.

No matter how bright your clothing, how many lights you have on your motorcycle, how visible you think you are, no matter what you do, for some inexplicable reason, we motorcycle riders seem to be invisible to motorist in cars, trucks, or other motor vehicles. I am not telling you to try do anything you can to be more visible to other motorist, on the contrary, you should do everything you can to try to be more conspicuous to other motorist.

There have actually been studies done to understand how we human beings perceive things, and it has been found that we humans actually and not consciously selectively filter out certain things that we see for various reasons.

It seems that many people riding in cars, trucks, and other vehicles for some reason, filter us motorcycle riders out. After an accident these people swear that they did not see us, when they should have. Whether it is unintentional or not, some motorist flat out do not see us.

When you ride you have to assume that other motorist do not see you and you need to ride accordingly. If you ride as though you are invisible to other motorist, you will actually be a much more cautious and better rider.

Assume that the car in the oncoming left hand turn lane is going to turn left in front of you Assume that if you are on a two lane road with cars parked on the side that a car will pop out from the parked position. Assume that the car you see waiting to turn out of a gas station or waiting to make a right turn at the intersection will turn in front of you.

I know it’s not fair, but as a motorcycle rider, we have to be much more diligent about our own safety when we ride our motorcycles. Yes you may have the right of way, but that is not going to stop the negligent cager from hitting you and doing some major damage to you.

Exercising caution and some restraint, will make your motorcycle riding experience much more pleasurable, and above all, will allow you to make it home after your ride instead of in the hospital.

Keep both wheels on the road!

By California Motorcycle Accident Attorney, and Biker Lawyer, Norman Gregory Fernandez, Esq., © August 28, 2011

The post What do you have to watch out for the Most when Riding a Motorcycle? 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.

SEAL BEACH – California

A man and woman died Sunday when they lost control of their Harley-Davidson motorcycle, cut across the 405 freeway, hit a car and were launched head first into a cement wall, California Highway Patrol officials said.

The man, 60, and woman, 57, were wearing full helmets, but the blunt-force trauma was too strong, said Officer Stacey Willits, who was at the scene.

The accident occurred at 11:18 a.m. on the northbound 405 near the Seal Beach Blvd. exit. The two were taken to Long Beach Memorial Hospital with massive head wounds. They were pronounced dead at 12:07 p.m. and 12:25 p.m. Their identities have not been released.

The man was driving, and the woman was his passenger, Willits said.

Witnesses said the pair was driving in the first or second lane of the northbound 405 freeway at about 65 mph when the motorcycle started fish-tailing, Willits said. The bike then made an almost 90-degree turn and cut across the freeway to the sixth (slow) lane. It hit the left-rear corner of a Honda Accord and ejected the riders into a concrete road-construction divider.

The investigation is still open and officers do not yet know what caused the couple to lose control of the motorcycle. Willits asked that anyone who saw the bike lose control call the California Highway Patrol office in Westminster at 714-892-4262.

Law enforcement officers shut down the third through sixth lanes of the freeway for about an hour while CHP investigated the accident.

This accident is a horrible tragedy. I send my prayers and condolences out to the friends and family of the victims of this accident.

Based on the witness reports from this accident regarding the motorcycle’s rear end beginning to fishtail, it is possible that the victims suffered from a rear tire blow out, or a loose and unstable swing arm, or something to that effect. They could have even locked up the rear end braking too heavy. However there is no evidence based on the witness reports that the motorcycle was braking at the time of the accident.

Both victims were wearing full face helmets.

This accident should remind all bikers to check their tire tread and tire pressure before they ride their motorcycles. I am not saying that this is what caused the motorcycle accident, because I do not know, but it may have played a factor.

California Motorcycle Accident Attorney, and Biker Lawyer

The post A Rider and Passenger Die in Motorcycle Accident on the 405 Freeway in Seal Beach, California first appeared on Biker and Motorcycle Accident Lawyer Blog.

Many of you may not know that you can recover damages if a dangerous or defective road causes you to crash in your vehicle.

I have dealt with all sorts of defective and dangerous road cases. Some cases involve holes, bumps, debris, rocks, gravel, poorly maintained roads, defectively designed roads, curves, intersections, signals, guard rails, etc.

Some of these types of cases are utterly devastating to the victims.

I recently saw a TV news special where it was flat out stated that many defective roads are known about, but are not being repaired due to budget deficits related to the recession.

The recession and the economy do not excuse anyone from maintaining a dangerous or defective road.

If you are on a public road in California, and the road caused you to crash and become injured, you will need to file a governmental claim with the appropriate governmental agency within 6 months from the day you had your accident.

If the governmental entity rejects your claim within 45 days of receipt of claim, you have 6 months from the date of the rejection to file a lawsuit against the governmental entity.

If they do not reject the claim, you have 2 years to sue from the date of the accident.

If you are on a private road on private property, you have 2 years from the date of the accident to file a lawsuit.

Defective and Dangerous road cases are very complex to such an extent that many personal injury attorneys do not do these types of cases.

I handle these types of cases. If you or a loved one has been injured due to a dangerous or defective road, give me a call for a free consultation 7 days a week, 24 hours a day at 800-816-1529, ext. 1, or you may submit your case to us through the blog by clicking here.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © March 9, 2011

The post When a Bad Road Causes a Car or Motorcycle Accident in California. first appeared on Biker and Motorcycle Accident Lawyer Blog.