California Motorycle Accident Lawyer Norman Gregory Fernandez discusses the doctrine of kill a biker go to jail.Kill A Biker – Go To Jail. We in the biker and motorcycle community have heard this term many times. As a matter of fact we have also seen stickers with this term on it.

Many of us advocate harsh punishment for negligent cagers who hit us or cut us off while we are riding our motorcycles, because most of these types of motorcycle accidents can be prevented simply by cagers paying more attention while they are driving, and looking out for bikers and motorcyclist.

Most bikers and motorcyclist advocate severe punishments for cagers who intentionally hit us or cut us off, or hit us while the cager is intoxicated, because we bikers and motorcyclist unlike people riding in cages have only our clothes, and helmets for safety. We are the most venerable to severe and catastrophic injuries due to cagers hitting us.

With the above being said, I have sometimes read reports throughout the nation of cagers being adequately punished for their deeds against bikers, but most often it seems to me that cagers who hit bikers and motorcyclist get off too easy. In the end there is no real adequate punishment for some idiot who kills a biker simply because they decided to make a cell phone call! Anyway………..

I recently read a report of a 49 year old idiot named Mark Henderson who got the just punishment he deserves for hitting and killing a 19 year old Rebecca Seibenmorgen who was simply riding her motorcycle on California Highway 1, near Half Moon Bay, south of San Francisco.

Henderson was convicted of 2nd Degree Murder, and sentenced to 35 years to life for his role in hitting Seibenmorgen head on and killing her.

Let this be a warning to all cagers who think that they will just simply walk here in California when they hit a biker; the law is not messing around anymore. To read a newspaper report in Clutch & Chrome – Motorcycle News about this incidem”>click here now.

By Norman Gregory Fernandez, Esq., © 2008

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18 Comments

  1. Veronica Creamer

    Good job on your sight. Lots of good imfo. I like the bumper sticker theme of “Kill a biker, Go to jail” My husband was killed riding his bike. A 19 yr old girl driving her daddys car hit him. She receaved a ticket of $200.00. That was including court oost. The ticket was Failure to yeild. She plead guilty and went on with her life. I would love to see that law inforced in all states. Thanks again for your good read. God be with you on the road.
    Veronica

    Reply
  2. John Q Cager

    I agree with you regarding drivers that are negligent however being a “cager” myself I think your view is somewhat twisted towards motorcyclists. I drive one of the safest largest German cars made and have felt unsafe being stuck on the highway in the middle lane with sport bikes passing me at 120mph+ on both sides afraid to slow down or even try to get out of their way because I might get hit with one of their two wheeled bullets.

    Cars and motorcycles share the road together. Slanting the law one way to protect car drivers or motorcyclists is a dangerous perversion of the law. I have seen plenty of motorcyclists who ride irresponsibly as much as I have seen plenty of cars that drive irresponsibly.

    The only responsible thing to do is to protect oneself as much as possible from risk. Wearing the best gear and owning the safest cars is a start. Driving and riding responsibly is also important. Its never one single thing that gets someone killed in either a car or a motorcycle. It’s usually a sad combination of events.

    Reply
  3. montie hale

    I just lost my best buddy to a idiot on cell phone heat him head on an they are not filling any charges his wife was also injuried. this is crap we lost afather husband brother and one hell of a frend help us over a cell phone this happend april 20 th at corpus cristi tex

    Reply
  4. Bob - Minneapolis

    I love this idea and it should be implemented across the country. I believe cagers must be MORE accountable than bikers for their driving based on the fact that their driving errors due to inattentive driving usually involved a fatality when it involves a bike. It should be law that if you kill a biker, it is a homocide, and more than a year in jail is mandatory for even the most questionable of circumstances. If it is found via phone records that a cager was on the phone, a MINIMUM of 5 years in jail. It is time that cagers make bikers a priority and WATCH OUT for us, not just notice us when we are in front of you in traffic. Watch your sides, Watch your rear view mirror, watch ramps and side streets. We use less fuel, so the more of us there are, the less dependent on foreign oil sources we make the US. Thereby we reduce the price of oil for cagers, so return the favor by giving us room!!!

    Reply
  5. Thomas Bailey

    Just last year, I read about a sheriff’s deputy who fell asleep while driving and ran down two bikers and killed them. What did the driver get? 4 months house arrest and a demotion, for crying out loud! And he was charged with only a misdemeanor! I have also read about two kids riding their bikes to school and got run down. One died and the other was severely injured. The driver fled and was arrested two hours later for hit-and-run. The driver got only one year in jail. Just because the bikes don’t have engines doesn’t mean they are lower-classed.

    Reply
  6. Janice M

    OK, so my question remains. Where can I get this bumper sticker. Had one years ago after my brother was killed and NEED Another. I live in SC and they ride year long.. gotta do my part to get the word out. Thanx and God Bless J

    Reply
  7. Gixxer32404

    Janice I have one. I received plenty of stickers in May from Thunder Beach(Panama City, FL). I’m in Florida. If Norm approves I don’t know how to contact for personal information. I’m only posting this to help a fellow blog reader out. If Norm will authorizes it.I have a North Florida Sportbike forum and homepage, which would allow you to contact me. Forum is currently down for upgrades. If this isn’t allowed by Norm that’s cool. I’m just trying to help out. I listed my url for homepage as there is a spot for it. Certainly no offense is meant towards Norm. Peace.

    Reply
  8. Gixxer32404

    Thanks Don’t know how. My site is listed above. I’m not sure how long it will be active.host worked on my forum,now all the information is gone. I’m going to read an article on host overselling. I may let it fall or rebuild. Not sure yet. Site is up now but not sure how long.
    Thanks.

    Reply
  9. Gixxer32404

    no word guess she wasn’t really interested??

    Reply
  10. Anonymous

    I wasn’t aware how to contact her at the time. I never heard from her and have moved. I would have to hunt the decal if I could even find it. Hope all is well with her.

    Reply
  11. greg

    I signed this petition almost 8 years ago…little did i realize then that i would become a victim of auto drivers that said ” I didnt see a motorcycle”..recently a 70 yr old driver pulled out in front of me causing a very painful accident..forunate for me…my angel was with me that day or i would not be here to tell this to my fellow riding friends. 35 years of licenced motorcycle riding without a accident til last month..the ole addiage of “two types of riders, those who have been down and those that are going down” is one that we need to change…Tennessee law is a slap on the wrist of those who hurt or kill bikers..People this needs to change!!

    Reply
  12. Norman Gregory Fernandez

    I am sorry to hear about the loss of your husband Veronica. What makes it worse is the way it happened. I send my condolences to you and yours for your loss.

    Norm

    Reply
  13. Norman Gregory Fernandez

    Gixxer I do not see a problem with you contacting Janice through the blog with her permission.

    Norm

    Reply
  14. Marie

    My nephew was hit by a car that was tailgating and hit my nephew. The person that was being tailgated witnessed the accident. The person that hit my nephew got away with “misdemeanor”. No jail time and she can’t even sue him because of his lousy insurance. How can this driver get away with this? Is there a law in California that can help my sister get a case?? Please anyone help us. We suffer everyday because my nephew died in a horrific way and it bothers us so much that we can’t do anything about it.

    Reply

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