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added: Wed, 06th September 2006 | 1792 views | 0x in favourites
feed url: http://www.bikerlawblog.com/index.php?blog=2&tempskin=_...
You just added my feed for the Biker Lawyer Blog, the URL has channged to the above URL. I decided to get a dedicated URL just for the blog. Can you modify my feed to tne new URL I am posting here. Thanks, Norman G. Fernandez, Esq. Biker Lawyer http://www.bikerlawblog.com
First off this article is not about regular yahoo personal injury lawyers who advertise or pawn themselves off as being biker lawyers or motorcycle accident lawyers, when they are nothing more then garden variety personal injury lawyers. This article is about the use of the term lawyer as opposed to attorney. There has been some debate lately between some of my friends on a lawyer listserve between using the term lawyer or attorney when referring to ourselves. I have referred to myself as a California Motorcycle Accident Lawyer and a California Motorcycle Accident Attorney. I have also referred to myself as a Biker Lawyer which I am. Most lawyer business cards state; “Attorney at Law” as their title. I have found that most laymen (persons who are not lawyers or attorneys) refer to a lawyer or attorney at law as lawyers for whatever reason. I set out to find which term is the proper one to use. The Merriam-Webster Online Dictionary defines a lawyer as - one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters. Whereas the Merriam-Webster Online Dictionary defines an attorney as - one who is legally appointed to transact business on another's behalf; especially : LAWYER It appears that a person licensed to practice law can either call themselves a lawyer or an attorney based upon Merriam-Webster’s definition of attorney and lawyer. However, it appears that attorney is the most appropriate reference to one who is licensed to practice law because the definition includes “legally appointed.” The bottom line is that it is really apples and oranges. Either definition i.e. lawyer or attorney requires that the person calling themselves such to be licensed to practice law in their respective jurisdiction. You cannot conduct lawsuits on behalf of others in California unless you are licensed to practice law by the California Supreme Court, nor can you be admitted by the United States Court (Federal Court) to practice law unless you are duly licensed to practice law by a State or Territory of the United States of America. I have heard of at least one person calling themselves a lawyer because they graduated law school, but were not licensed to practice law anymore. In my opinion they should not be referring to themselves as a lawyer. Now what about bozo’s pawning themselves off as a California Motorcycle Accident Lawyer, or California Motorcycle Accident Attorney? If you search for California Motorcycle Accident Lawyer or California Motorcycle Accident Attorney on Google, Yahoo, or Microsoft Live Search, you are going to get a bunch of results with generic personal injury lawyers that do not ride motorcycles. You may get one or two that may ride, or have ridden in the past, but the rest are basically garden variety personal injury lawyers. Hell I do not come up on the search engines until the 3rd or 4th page and I am the real deal! You will also get the garden variety personal injury lawyers paying big bucks for sponsored pay per click advertisements. In my opinion a California Motorcycle Accident Lawyer or California Motorcycle Accident Attorney is a lawyer or attorney that rides motorcycles and that handles motorcycle accident cases. I am not saying that garden variety personal injury lawyers are not qualified to handle a motorcycle accident case; I am saying that an actual motorcycle riding lawyer and attorney such as myself knows a hell of a lot more about motorcycle accidents, motorcycle safety, and riding a motorcycle then a bozo who does not. I do handle regular personal injury cases such as car accidents, truck accidents, slip & falls, dog bites, etc. as well as motorcycle accidents, but when it comes to being a biker lawyer, I am the real deal. If you have been the victim of a Motorcycle Accident or any other type of personal injury case, anywhere in The State of California give me a call 7 days a week, 24 hours a day at 800-816-1529 extension 1. You can also check out my California Motorcycle Accident website at www.californiamotorcycleaccident.biz. You can check out my main California Personal Injury website at www.thepersonalinjury.com By Norman Gregory Fernandez, Esq., © 2008
LONG BEACH, CALIFORNIA - Long Beach police said on Friday they will be beefing up their enforcement of motorcycle noise, particularly on Ocean Boulevard. It is illegal in California to modify a motorcycle's exhaust to make it louder; the citable limit for noise in the state is 95 decibels. Cmdr. Jay Johnson of the Long Beach Police Department's South Division said more complaints have been reaching police in the past few weeks and some residents are doing noise-detector readings that show illegal motorcycle riding. "This is not a new problem, particularly on Ocean Boulevard," Johnson said. "But as there's more development and as more people move into that area, the more complaints of noise come. And it becomes a quality-of-life issue." Johnson will be deploying some officers during peak motorcycle riding times to listen for noise and write citations. "My hope is that people will know the law and not come rip-roaring up Ocean Boulevard," Johnson said. "If they do, they will be cited." So there you have it, Long Beach is the latest Southern California city to begin discriminating against bikers and motorcyclist. I have no reason to believe that Commander Jay Johnson is playing around, and that they are going to go after what they consider to be loud motorcycles. In my experience, the Police use the excuse of so-called loud pipes, and/or loud motorcycles to justify pulling any biker or motorcycle rider over that they want. Even motorcycles that have not been modified. It is not right. Many big rig trucks are much louder than motorcycles. Why are they not being singled out for enforcement? Heck, Long Beach is the largest port in the nation. Everyday thousands upon thousands of big rig trucks pick up and deliver from the port of Long Beach. The noise that they make is deafening! Why not go after them? I would like to hear about any real enforcement that the City of Long Beach is doing with regards to citing so-called loud motorcycles. If they in fact are citing regular motorcycles just for the sake of filling the cities coffers, then I will call for a total boycott of the City of Long Beach by all bikers and motorcyclist. Any city that wants to single us out does not deserve our money. By Long Beach Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., 2008
On July 1, after a nearly two-year grace period, a new era begins in California: holding a cell phone to your ear and talking while driving will be illegal unless it is an emergency. In most cases, you will still be able to talk-and-drive, but you will need a hands-free device to do so such as a bluetooth headset, speakerphone set up, or a wired headset. What Exactly is the New Law? (1) If you are 18 or older, you are prohibited from holding a phone and talking while driving. (2) If you are 16 or 17, the only time you can use a cell phone while driving is in an emergency only. (3) The first offense of the cell phone law will result in a $20 ticket. Subsequent citations will result in $50 tickets. However, with court costs and penalties, the true costs of these tickets will be approximately $76 and $190, respectively. Here is something else to think about: The new laws go into effect just days before the California Highway Patrol goes on "maximum patrol" throughout the Fourth of July weekend. This means that 80% of CHP officers will have their eyes on the road, and on you and your cell phone. If it is illegal to hold a phone while talking, how is it possible to dial it or press a button to answer the phone or take a call, even if you talk hands-free? This is where things may get a bit dicey because the laws are silent on these issues. The Law basically only bans talking on the cell phone without a hands free device for non emergency calls, therefore, you are allowed to touch the phone to make a call or take one, said Mike Marando, a spokesman for the state Department of Motor Vehicles. "As long as you don't hold the phone to carry the conversation," he added. Will text messaging while driving in California be illegal? Text messaging will be illegal only for 16 and 17 year-old drivers. The law silent as to adults. I strongly recommend that no one text message while driving! Tom Marshall, a CHP spokesman, has stated that "If you are text messaging and we see it's affecting your driving, we can still pull you over" for distracted driving. The offense is not distracted driving or, for example, driving with a bag of French fries in your lap. What Police actually cite you for what happens as a result of being inattentive, such as impeding traffic or an improper lane change. Will getting a ticket for talking on a cell phone result in a higher insurance rate for motorists? No. But there is a chance that it could eventually. Cell phone violations will not result in any points being tacked onto your driving record -- insurance carriers use those points to determine if you're a good or bad driver. But the tickets are still on your driving record. Darrel Ng, a spokesman for the California Department of Insurance, said that in the future, carriers might apply to the state to use tickets when setting rates, although they'd likely have to prove a correlation between getting those tickets and accident rates. What other states have similar laws, and how are those working out? New York was the first state to institute a hand-held ban, beginning in 2001, and Connecticut and New Jersey have followed suit. From 2001 through 2006, police in New York issued 976,725 citations to motorists for holding their phones while driving. Even more interesting, the number of citations has increased each year, with 285,684 tickets being given in 2006, the latest year for which numbers are available. With more than 11.3 million licensed drivers in New York, it's probably safe to assume that an awful lot of people are not getting caught. What are some ways to comply with the laws without spending a lot of money? First and foremost, learn how to use the voice recognition system that comes with most cell phones. Voice recognition usually requires users to touch only one button and then say a person's name to make a call. Surely the much talked-about Apple iPhone, which starts at $399, comes with voice recognition? No, it doesn't. It is a feature you can get with a BlackBerry phone or many standard phones. What are some other ways to go hands-free? There is no shortage of devices out there. Here are three easy ways to be a go hands free: (1) Buy a cheap cell phone cradle that mounts to a vehicle's dashboard. A conversation can then be carried on using the phone's speakerphone function. Cost: $15 and under at automotive stores. Tip: If your vehicle's stereo system has an auxiliary jack, you can play your phone through the vehicle's speakers, which makes it easier to hear. (2) Use a headset. Most phones come with an earpiece or you can easily upgrade to a wireless bluetooth headset that syncs to your phone. Wireless bluetooth headsets typically cost between $30 and $120, and many are available. (3) Use a wireless speaker. These mouse-sized devices can be clipped to a sun visor and are a lesser-known alternative to the wireless earpiece. Motorola and Parrot are two prominent manufacturers. Will the new laws prevent motorcycle accidents and/or make bikers safer? Based upon research that I have done, the experts seem to agree that most of the problem is not the act of holding the cell phone while driving, but the distraction of talking while driving. If they are right simply holding a conversation with someone in your car is as dangerous as talking on a cell phone. As a Biker who also happens to be a motorcycle accident lawyer, I beg to differ. While riding I see many people holding their phones to their heads which hinders their ability to turn their head while driving. When I am riding my motorcycle, I dread seeing cagers talking on cell phones because I know they are not paying attention. I am hoping the new law will prevent motorcycle accidents but only time will tell. California Motorcycle Accident Lawyer
City of Industry, California - A motorcyclist was killed Friday after being struck and dragged by a big rig truck, authorities said. The crash occurred about 6:40 a.m. on Turnbull Canyon Road, just north of Gale Avenue, in The City of Industry, said California Highway Patrol Sgt. Robert Headden. The victim was initially described only as a local man in his late 30s or early 40s, Headden said. His name was not released pending notification of family members. The rider was northbound on Turnbull Canyon Road on his Harley-Davidson Softail motorcycle when the collision occurred, Headden said. A big rig fully loaded with gravel was southbound on the road and made a left turn into a parking lot, Headden said. The motorcycle collided with the passenger side of the truck, and the rider fell of his motorcycle and became wedged beneath one of the truck's tires, Headden said. The truck continued forward, dragging the motorcyclist about 100 to 200 feet before coming to a stop in the parking lot, CHP and fire officials said. The rider's arm was severed in the crash, and his leg was nearly severed, said Los Angeles County Fire Department Firefighter Ray Montanez. "(The truck driver) didn't know he was dragging him," Montanez said. The truck only stopped after bystanders flagged it down and told the driver about the man lodged under his truck, authorities said. The victim suffered traumatic injuries to much of his body and was pronounced dead at the scene, Montanez said. The damage to the motorcycle was minimal, he said. The truck driver had not been cited or arrested Friday afternoon, Headden said. The cause of the crash remained under investigation, he said. Although the crash is under investigation it appears to me that if the truck was making a left turn, and the motorcycle rider hit the passenger side of the truck, the truck most likely turned in front of the motorcycle rider and was therefore at fault. However, I must state that I am making simple deductions. I am sure more facts will come to pass as the investigation is completed in this case. You MUST watch out for idiots who will turn in front of you when riding your motorcycle, even big rig trucks! God be with the victim in this fatal motorcycle accident. City of Industry Motorcycle Accident Lawyer
Oakville, California- A 49-year-old Oakville man lost his life Sunday evening when his motorcycle crashed on Oakville Grade north of Yountville, according to the California Highway Patrol. Stephen Lloyd Ogle was westbound on Oakville Grade on his 2006 Big Dog Custom motorcycle when he crashed for an unknown reason into a fence at approximately 8 p.m., CHP Sgt. Jason Cavett said Monday. Ogle was alone. The victim lost control of his motorcycle as he approached a left curve on the roadway, approximately half a mile west of Highway 29, Cavett said. A passerby called for help but no witnesses saw the collision, he said. Ogle sustained fatal injuries and was declared dead at the scene, Cavett said. It is unknown if alcohol or drugs were a factor in the collision, he said. The crash remains under investigation. Sunday’s weather was clear and dry at the time of the accident, unlike Saturday’s, when the CHP responded to a dozen road crashes in Napa County during the day. As of late Monday afternoon, Ogle was the only road casualty in Napa County over the three-day Memorial Day weekend, according to the CHP. I have said it here many times on the Biker Law Blog; do not ride beyond your limits, and take it easy in turns. As you approach a curve or turn make sure you slow your motorcycle down appropriatley before entering the turn. God be with Mr. Ogle and his family. Oakville, California Motorcycle Accident Center
This morning, May 5, 2008, I will be in trial in the San Francisco Bay Area. As I sit here, getting ready to fly up to San Francisco with my partner in a couple of hours, my thoughts are of adversarial conflict in a Court of Law, i.e. a jury trial, and making sure everything is ready. Only a trial lawyer knows this feeling. It is the culmination of months or sometimes years of preparation. You think of the first time you met your client, you think of how they were injured, and then you do the best that you can to get them the most compensation possible. Conducting a jury trial takes years of expertise and experience. There are some lawyers out there who advertise and sign up cases, yet they have never done a bench trial or jury trial. All they try to do is settle cases. If they cannot settle they either drop you or get you to find another lawyer. I cannot fathom that! So here I am, looking at exhibit lists, evidence, witness lists, notes, deposition transcripts, discovery, jury instructions, subpoenas, demonstrative evidence, oppositions to motions in limine, and finally my trial brief and short statement of the case. I am ready for trial. If the opposing side has done their homework they will also be prepared. Two lawyers are on the eve of battle; a jury trial. A battle of intellect, a battle of theories, and a battle of wills, all in attempt to get to the truth and win our case for our respective clients! A trial is the most stressful experience a lawyer goes through in his or her practice, unless they don’t actually do trials. Before I start a trial I look over at my client knowing that it is up to me to convince a Judge or Jury of the merit of their case, and that they should give my client a judgment. So there it is; the thoughts of a biker lawyer about to engage in battle. By Norman Gregory Fernandez, Esq., © 2008
***** 4/19/07 Update, See Below! The California Highway Patrol is asking for the public’s help in its investigation of the circumstances surrounding the death of 29-year-old Christopher Lawrence Friedman, who was found dead on his lawn earlier this week. The Humboldt County Coroner’s Office reported Wednesday that the Arcata man died from internal injuries he likely sustained during a motorcycle accident. A pathologist who performed an autopsy of Friedman’s body found that he had a ruptured spleen and lacerated lung and succumbed to his injuries outside his rural home, Coroner Frank Jager said Wednesday. The Coroner’s Office reported finding Friedman’s pickup truck and motorcycle outside his home, with damage to the motorcycle and scratches to his helmet, Deputy Coroner Roy Horton said Wednesday. Pieces of the motorcycle were found in the gravel in the area Friedman is believed to have crashed, Horton said. “We know that the motorcycle had been in some sort of accident,” he said. It’s believed that Friedman was involved in a motorcycle accident, went to a dance in Arcata Saturday night, then left at about 2 a.m. Sunday morning, the Coroner’s Office said. The Humboldt Area CHP has begun an investigation to determine whether a traffic collision occurred, which caused his fatal injuries. Horton said evidence indicates Friedman was about three-quarters of a mile down the road from his house, at mile marker 4.75 on West End Road, when he was involved in an accident. The CHP is asking any witnesses to a crash involving a motorcycle on West End Road on Saturday to contact its office at 707-822-5981 during business hours, or its after-business hours at 707-268-2000. The body of Friedman, who lived in the 100 block of Willow Lane, which is just off West End Road, was found lying on his lawn at about 10:45 a.m. Monday by a delivery person. If you can help, call the California Highway Patrol! In my own experience as a California motorcycle accident lawyer, most motorcycle accident’s happen for whatever reason within 5 miles from the victim’s house. Bikers and motorcyclist should always ride defensively, even when they are close to arriving at home. You must always be vigilant! My thoughts and prayers go out to the family of Christopher Lawrence. **** 4/19/07 - Witness confirmed Man found dead was in crash A witness has confirmed that Christopher Lawrence Friedman, 29, was in a motorcycle accident that may have led to his death, the California Highway Patrol said Friday. Authorities had been a looking for a witness to confirm the accident after Friedman was found dead on his Arcata lawn Monday by a delivery person. A witness came forward Thursday and said the accident was at approximately 2:30 p.m. on Saturday, but other details of the accident are not available yet, said Sgt. Matthew Larsen of the CHP. ”We're still investigating, waiting on some information from the Sheriff's Office,” Larsen said. The Sheriff's Office first investigated the case, but turned it over to CHP when it was found that Friedman had possibly died from a motorcycle collision. An autopsy showed Friedman had injuries consistent with an accident, including a ruptured spleen and a lacerated lung. Humboldt County Coroner Frank Jager said Thursday Friedman likely didn't realize the extent of his injuries and later went out with friends. Jager added that he believed Friedman collapsed in front of his Willow Lane home after returning from a party sometime late Sunday night or early Monday morning. The coroner said, according to the pathologist who performed Friedman's autopsy, people who suffer a ruptured spleen can bleed out for 24 to 48 hours before succumbing to the injury. California Motorcycle Accident Center
Bakersfield Police officers are investigating a motorcycle crash that resulted in the death of a woman and critically injured a man overnight on the Stockdale Hwy. The crash happened just after midnight in the 10,000 block of Stockdale Hwy. near Old River Rd. The Police state that two people riding on a motorcycle were thrown from the motorcycle when they attempted to turn and accidentally hit the center median. The woman who was a passenger died at the scene, the other victim who was the driver of the motorcycle, 30-year-old Sean Culp of Bakersfield, was taken to Kern Medical Center where he remains in critical condition. The county coroner reports the victim who died was wearing a helmet at the time. The Bakersfield police department is asking anyone who may have seen the crash to call them. I cannot comment on this accident until the full facts are known. I have seen many supposedly single motorcycle accidents where a car was actually involved in causing the accident but then failed to stop. Bakersfield, California Motorcycle Accident and Motorcycle Passenger Accident Center.
You have heard President Bush blame trial attorneys for the cost of health care being so high; you have heard a certain political party blame trial attorneys for the cost of health care being so high, and now another article is circulating on the Internet blaming trial attorneys for the cost of health care being so high. What you are hearing folks is flat out crap. It is time to air out the truth and call the B.S. for what it is; B.S. We trial lawyers help personal injury victims including victims of medical malpractice, when nobody else will. We are usually the last and only recourse for persons who have been harmed. Do you think that a doctor, hospital, or other health care institution is going to just volunteer to compensate you for your losses? What is Medical Malpractice? Medical Malpractice in a nutshell is a person suffering injuries or damages, as a result of a doctor or health care institutions failing to act as an ordinary professional in the community would. In other words, the doctor, hospital, or provider, causes you injuries by screwing up, usually with devastating results! As we all know or should know, human beings are not perfect, and will sometimes make mistakes. Just like most commuters buy car insurance to protect themselves in case they screw up, doctors do the same thing. It is not the fault of personal injury trial lawyers for a doctor or hospitals, screw-up, and it certainly is not the victims fault. We personal injury lawyers are the ones that go to bat for people who have been injured as a result of a doctor or hospital screw-up. It is our jobs and it is what we do. We help the victims to obtain compensation for their loss. How could we be the ones who are responsible the high cost of medical care? In fact it is the insurance companies who are responsible for the high cost of medical malpractice insurance. I would like to think that the cost of malpractice insurance is based upon risk, but we all know the insurance companies exist to make a profit and that is it. Now I like doctors, we all like doctors. They are the ones we turn to when we are sick. They make mistakes just like the rest of us, and they should be made to pay if lets say they cut off the wrong leg, fail to diagnose a serious condition, or leave tools in a patient after surgery. You get the picture. With that being said, maybe doctors should adopt more stringent guidelines to discipline and police themselves, so that the bad doctors are weeded out. Maybe that will decrease their malpractice insurance rates. California has had a cap of $250,000.00 on general damages for medical malpractice cases since the 1970’s. General Damages are damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. Imagine only being able to get a maximum of $250,000 if a doctor cuts off the wrong leg, or fails to diagnose a cancer that would have been curable it caught in time, etc. Victims are still entitled to out of pocket losses. So there it is. The cost of health care is through the roof. If anything it is greed that is driving up the cost. If universal health care was adopted, then maybe our nation would see some relief. By>Norman Gregory Fernandez, Esq., © 2008
Orinda, California A motorcyclist who crashed on Bear Creek Road over the weekend has died from his injuries, the Contra Costa County Coroner's Office said today. The 41-year-old Hercules man suffered head injuries when he motorcycle crashed into a guardrail Sunday afternoon on Bear Creek Road near San Pablo Dam Road. He died Monday evening at John Muir Medical Center in Walnut Creek, a coroner's deputy said. The California Highway Patrol said Monday that the man was traveling too fast into a road curve where the posted speed limit in the area is 50 mph. The man's identity is not being released until his family is notified. He was found unconscious around 3:45 p.m. by a riding partner who had been following him but who did not see the accident, the California Highway Patrol said. He was taken to John Muir Medical Center in Walnut Creek. The CHP said the man was wearing a helmet but that it became dislodged in the accident. Friends described him as an experienced motorcycle rider. Upland, California Motorcyclist injured in crash on 210 An Upland man suffered major injuries Monday when he lost control of his motorcycle and crashed on the eastbound 210 Freeway. Authorities said he was driving at more than 100 mph when the crash occurred. The crash was reported about 5:40 p.m. on the 210 just west of Benson Avenue, according to a California Highway Patrol news release. Richard Saylors, 42, rode his 2008 Harley-Davidson motorcycle on a double yellow line that divides the car-pool lane and the fast lane at 70 to 80 mph and split traffic, according to the CHP release. A CHP officer, on the west side of the freeway, observed Saylors riding at more than 100 mph in a reckless manner about 2 miles before the crash occurred, according to the CHP release. A 2002 Chrysler Sebring was ahead of the motorcycle in the fast lane and driving about 50 mph when the driver turned into the car-pool lane, according to the news release. Saylors hit the left rear end of the Sebring, overturned and was thrown on the roadway, according to the release. The eastbound 210 was closed for 10 minutes while a helicopter landed to transport the motorcyclist to a local hospital, CHP Officer Jaci Parent said. Richmond, California The California Highway Patrol is investigating what caused a Sunday motorcycle accident that killed a man on Richmond Parkway, a spokesman said. Craig McGiffin, 33, of San Francisco lost control and was thrown from his motorcycle into the roadway, said CHP Officer Sam Morgan. He was pronounced dead at the scene. The solo crash was reported around 6:50 p.m. as the rider was northbound on Richmond Parkway near Parr Boulevard. After the man lost control, he hit a curb, and the impact threw him into the center divider and a tree, Morgan said. No other vehicles appear to have been involved in the accident, Morgan said. Officials are investigating what may have caused the rider to lose control, such as a medical issue or distraction. The weather was clear at the time of the crash. I know that it really sucks having to read about such accidents; however you will notice a common theme among all of these accidents. Take it easy out there folks. These are real bikers and motorcyclist who have been killed or seriously injured while riding their motorcycles. Speed Kills! California Motorcycle Accident Center
I have heretofore refrained from posting stories about motorcycle accidents and other news items that I think Bikers and Motorcyclist would not want to read. However, I have changed my position. As a biker lawyer, a personal injury lawyer, and a lawyer who rides motorcycles, I feel like I have a duty to educate the public with what is going on out there in the real world with respect to bikers and motorcycles, especially in the State of California where I practice law as an attorney. I am going to start posting news about motorcycle accidents throughout the State of California and other States when I can, to raise safety awareness amongst cagers and bikers and motorcyclist alike. Hopefully these articles will do some good. I will continue to write regular articles from my biker lawyer perspective, however, look for the new news articles as well. By Norman Gregory Fernandez, Esq., © 2008
I just read an employment ad for an associate attorney from a law firm that advertises itself in all of the major biker rags, handling motorcycle accident and biker law cases all over the United States of America. The ad specifically stated that experience with motorcycle accident cases is preferred but not necessary. Need I say more! The ad specifically states “Motorcycle background also a plus, but not a must.” Out of deference to the firm because I know them, I am not publishing their name or the contents of their ad. I have saved their ad just in case there are any questions as to the authenticity of my article. As I have previously written, I only know of a couple other lawyers in the State of California other than myself that can call themselves a true Biker Lawyer. There is a Latin term; caveat emptor, which means let the buyer beware. Just because you see a lawyer or law firm advertising themselves as a biker lawyer, or motorcycle accident lawyer, does not mean they know squat about motorcycles, bikers, or motorcycle accidents. You can read my articles here on the Biker Law Blog which discusses why it is important to retain a lawyer who actually knows and rides motorcycles for your motorcycle accident case! If you have any doubts about your lawyer, ask them two simple questions; “what do you ride,” and “when is the last time you have rode a motorcycle.” I am a REAL biker lawyer, and a motorcycle accident lawyer, who handles cases all over the State of California. You may call me anytime at 800-816-1529 to discuss your California motorcycle accident case. Norman Gregory Fernandez, Esq., © 2008
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
I have read and heard reports that some employer based health insurance plans, and individual health care plans are now refusing to cover bikers and motorcyclist because they are classifying us as hazardous recreational vehicle users. Under this classification, they are refusing to provide health insurance coverage to us based upon new plan changes effective in January 2008. I am sure this is a huge shock to bikers and motorcyclist who are suffering as a result of this practice, because it means that they are no longer covered for medical cost if they are in a motorcycle accident. What is more disturbing to me, is that I am quite sure that many people lost coverage for these types of accidents and were not notified! Check your insurance people. This is flat out blatant discrimination against bikers and motorcyclist. This battle must be fought in every State and with every Health Insurance provider that is practicing this type of discrimination. What they are effectively doing is making it so motorcycle riders cannot obtain health insurance for the times that they ride their motorcycles. What is further truly disturbing, is that hundreds of thousands of bikers and motorcyclist commute to work on their motorcycles each day, and use their motorcycles as a primary means of legal transportation! How can this be classified as recreational use? The only other option for some persons is to buy Med Pay insurance as a part of their vehicle insurance package, but most policies only cover approximately $1,000.00 or less of medical bills. It looks like the big corporate health insurance companies are tying to shut us bikers and motorcyclist down! Well there is an answer; that answer is mandatory universal health care coverage, whereby everyone is required to have health care, and no health insurance company can turn down anyone for anything, including pre-existing conditions or so called recreational use on a motorcycle. The bottom line is that if we do not fight this blatant discrimination as bikers and motorcyclist, we will be screwed if we get into an accident. There are a heck of a lot more car accidents than motorcycle accidents in this country! This type of discrimination of ridicules and uncalled for. Pretty soon we will have health insurance companies telling us they won’t cover us if we eat a certain type of food. It is time to fight these bottom crawler health insurance companies who are screwing our nation, and most of all us. By Norman Gregory Fernandez, Esq., © 2008
This article is an opinion editorial and rant piece. If you do not want to hear me rant about what I will call idiots against bikers then do not read this article. First off I will talk about a moronic woman named Melissa Arrington, age 27 who was sentenced to 10 and ½ years for negligent homicide and aggravated drunk driving, because the judge in her case found out that she was laughing about running over a bicyclist in her car, and dragging him 800 feet to his death. No one apparently warned Melissa that her calls in and out of jail were monitored, and when she was caught laughing about killing a bicyclist, it was turned over to the Judge. She could have received less than 4 years on the charges, but I guess the Judge got pissed off when he heard the tape of her laughing! You can read the original article by clicking here now. I will just say this. Everyone who knows me knows I am into Bikers Rights. The way I see it a person on a bicycle has the same rights to share the road as a person on a motorcycle. The victim in this case was a 45 year old man who simply took his bicycle out for a ride one evening and was the victim of a homicide at the hands of a drunken cager named Melissa Arrington. Kill a biker go to jail, this applies to bicyclist too! The next winner I am going to talk about is a personal injury lawyer whose bullshit rantings were brought to my attention by Biker Law Blog readers. His name is Stephen D. Lombardi of Iowa. He apparently advertises on Injuryboard.com which is a service that charges attorneys big bucks per month to be listed on their site for exclusive areas. In other words when you go to injuryboard.com or most other lawyer directories you are going to find lawyers who pay big bucks to be listed there. Just because a lawyer pays big bucks to be listed does not mean you are getting the best lawyer in town if you know what I mean. Read some of my articles on selecting a motorcycle lawyer, or other personal injury lawyer. Now I am not in anyway impugning Mr. Lombardi’s abilities as a lawyer. I do not know him or his work. He may be the best personal injury lawyer in Iowa, I have no clue. But I will say this; by his own writings he is no friend to bikers and motorcyclist. If you read his article that is posted here you will see full well that Mr. Lombardi supports discrimination against bikers and motorcyclist. He is endorsing mandatory helmet laws for bikers as well as mandatory insurance requirements for bikers. He might as well work for the insurance industry! Then, on his own website, he states that he represents people in motorcycle accidents. Click here and you will see what I mean. To cover himself he then wrote another article which you can read here. Apparently the biker community has caught on to his articles because they have been sending me links to this Mr. Lombardi. All I can say is this; it is not good business to attack your own clients, or to endorse discrimination against those that you mean to represent. I will let the biker and motorcycle community decide and make their own decision on this issue. I for one am a straight shooter. I am not one to bite the hand that feeds me. I am sure that Mr. Lombardi would appreciate comments from you bikers and motorcyclist in the biker community telling him what you think about his articles! By Norman Gregory Fernandez, Esq., © 2008
There are many articles here on the Biker Law Blog which discuss motorcycle accident scenarios. This article will attempt to lead you through the process of what you should do if you are in a motorcycle accident, and what your legal options are. This article will also attempt to educate bikers and motorcyclist out there who have not had motorcycle accidents, just in case they are god forbid in an accident, or one of their friends goes down. I know this is a topic that no one wants to think about, especially if you have not had an accident, but it is information that you should know just in case. First off, everyone who rides a motorcycle should carry on their person what I call an emergency card. This card or paper should be labeled Emergency Card or Emergency Information Sheet. On this sheet you should put as many emergency contacts as possible. You should list them in order of priority, and you should list their full name, address, phone number, and how they are related to you. In some States family members have more priority at the hospital, etc., than non relatives. The emergency card or list should also contain your full name, address, phone number, blood type if you know it, medications that you are taking, any medical conditions that you have, etc. As you know or don’t know, many motorcycle accidents are catastrophic. The purpose of the Emergency Card or Sheet, is to tell medical workers or law enforcement who to contact, and your medical information, in case you cannot speak for yourself due to a catastrophic motorcycle accident. I think it would be a good idea for everyone to carry such a card or sheet on their person even for car accidents, or other types of accidents. I carry my card in my wallet. If you have had a motorcycle accident, chances are your motorcycle is down, and so are you. If you have just been hit on your motorcycle and are down on the ground, the best thing that you can do is to stay down and wait for emergency rescue workers to arrive. If you have sustained back, head, limb, or other major injuries, you trying to get up and move around could make your injury worse! Obviously there are exceptions such as if you go down in the middle of no where and are laying in the middle of the road, etc. This article is not about the exceptions but rather, it discusses what usually happens. Usually someone will call the paramedics when they see a motorcycle accident. In some circumstances you may have to make the call on your own. Make sure you have a cell phone on your person to make the emergency call if you can, and if necessary! Planning ahead is the key in case you are in a motorcycle accident. Since most motorcycle accidents do result in serious if not catastrophic injuries, you want to make sure that you have liability insurance, collision and comprehensive insurance, uninsured motorist coverage, and under insured motorcycle insurance. The worst thing that can happen is that you are hit by a driver with no insurance, or minimum insurance and you are stuck with huge medical bills and horrendous injuries, with no real way to be compensated financially. Yes, you can sue the driver even if they have minimum insurance. Chances are they will go bankrupt, or have no assets, and you will be stuck with an empty judgment. I recommend that all bikers and motorcyclist carry at least $500,000.00 to $1,000,000.00 of uninsured motorist and under insured motorist coverage just in case. At least you will know that there should be enough money to compensate you for your out of pocket and non out of pocket losses. With respect to the motorcycle accident we are discussing, you or your loved ones now have two jobs; (1) Get Better, and (2) Retain a Competent Motorcycle Accident Lawyer who will handle the legal aspects of your case, provide you and your family with guidance, direct you to the right doctors if necessary, handle your motorcycle property damage for you, charge you no money out of your pocket until they recover for you, and generally handle all aspects of the case with your assistance when needed. Do not be one of the fools that I sometimes talk to that tries to do it on their own only to find out that the insurance company is not going to just willy nilly pay you! It really is as simple as the above. If you retain the right lawyer for your motorcycle accident case, then all you will need to worry about is getting better and cooperating with your attorney. If you or a loved one or friend has had a motorcycle accident anywhere in the State of California you may call me 24 hours per day toll free at 800-816-1529 extension 1. My people will come to you if you cannot come to us. If we take your case, we will take care of you to the full extent of our powers as competent motorcycle accident lawyers. By Norman Gregory Fernandez, Esq., © 2008
I have noticed many regular personal injury lawyers pawning themselves off as biker and motorcycle accident lawyers lately, and to be frank it really kind of rubs me the wrong way. There is nothing worse than a poser! Most of these “regular” personal injury lawyers who are now advertising themselves as so-called biker and motorcycle accident lawyers do not know the difference between a petcock and a cappuccino at Starbucks. Yet there they are advertising in the Yellow Pages and on the Internet claiming to be Biker and Motorcycle accident experts. I beg to differ! A real biker or motorcyclist should be able to sift through the B.S. pretty fast. The trouble for you is that if you pick the wrong lawyer to handle your motorcycle accident case, you simply will not get what you are entitled to with respect to compensatory damages, or you may get stuck paying the wrong lawyer a fee to get your motorcycle fixed! I have said it before, and I will say it again; there exists a prejudice against bikers and motorcyclist not only amongst the general public, but also with respect to law enforcement officers, insurance companies, and potential jurors in your case. If you select a lawyer that claims to be a biker and motorcycle accident lawyer, who is not equipped to deal with the prejudice against bikers, because they are not themselves bikers and motorcyclist, you will lose in the end! I will tell you flat out that the vast majority, if not most of the guys advertising themselves as biker and motorcycle accident lawyers do not even ride motorcycles. The last time they were on a bike was probably in grade school and the bike had pedals, or when they rented a bicycle at the beach! These guys or gals have probably never been on a bike that has an engine! Is this the kind of joker that you want representing you in your motorcycle accident case? I think not. If a lawyer you are looking at for representation in a motorcycle accident case claims to be biker and motorcycle accident lawyer, you may want to ask them if they have a valid California Motorcycle license endorsement, and when was the last time they rode a motorcycle. You may want to ask them if they own a motorcycle, and if not, when and if they ever owned a motorcycle! You get the drift. It is real easy to see if lawyers advertising themselves as biker and motorcycle accident lawyers are posers or the real thing. Don’t be fooled by fancy ads in motorcycle rags, or on the internet. Check your lawyer out to make sure that they are the real deal, and not just a regular personal injury lawyer trying to pose and mislead you into thinking that they are real bikers and motorcycle accident lawyers. As for me, I am the real deal. I am a real biker and a motorcycle accident lawyer. I talk the talk, and walk the walk. That is a picture of me riding one of my motorcycles in the upper left! I actually ride, and have ridden motorcycles for many years. To me this is not rocket science, this is what I do! Unlike many regular personal injury lawyers, my firm absolutely does not charge any kind of a fee for handling the property damage part of your motorcycle accident case. We only take a percentage of the bodily injury part of your case. You will absolutely pay no money out of your pocket when you retain us to handle your motorcycle accident case. We get our fee when your case settles or we obtain a judgment through trial. If you do not have medical insurance, we can arrange for you and your passenger to get medical treatment for the injuries you have suffered in your motorcycle accident case. If you or your passenger has suffered a motorcycle accident anywhere in the State of California, you may give me a call 7 days a week, 24 hours a day, at 800-816-1529, use extension 1. I will personally give you a free consultation on your motorcycle accident case. If you are outside the State of California, make sure you ask your potential lawyer some questions based upon this article in order to determine whether you are really dealing with a biker and motorcycle accident lawyer, or just a regular personal injury lawyer. Do not hire a poser regular personal injury lawyer pawning themselves off as a biker and motorcycle accident lawyer for your motorcycle accident case! By Norman Gregory Fernandez, Esq., © 2008
Well this is my last article for the year 2007. It has been one heck of a year. I was thinking about this past year and thinking to myself wow, what a year. I have written many articles in the past year, and I have done many motorcycle accident and personal injury cases over the past year. As I was thinking about the motorcycle accident, and other personal injury cases, and my clients, I was thinking about all of the cities and counties in the State of California where my clients come from, where they had their accidents, where they live, and where my law firm handles motorcycle accident cases, and other personal injury cases. Some of my clients have even moved out of California since their accidents. Just for the heck of it, I thought I would try to come up with a list of cities and counties where my clients either come from, had their accidents, or where we handle motorcycle accident and other personal injury cases in California. Here is the list; I hope I included everyone; Southern California, Central California, Northern California, 29 Palms, Adelanto, Agoura Hills. Alameda, Albany, Alhambra, Aliso Viejo, Alturas, Amador City, American Canyon, Anaheim, Anderson, Angels Camp, Antioch, Apple Valley, Arcadia, Arcata, Arroyo Grande, Artesia, Arvin, Atascadero, Atherton, Atwater, Auburn, Avalon, Avenal, Azusa, Bakersfield, Baldwin Park, Banning, Barstow, Beaumont, Bell, Bell Gardens, Bellflower, Belmont, Belvedere, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Biggs, Bishop, Blue Lake, Blythe, Bradbury, Brawley, Brea, Brentwood, Brisbane, Buellton, Buena Park, Burbank, Burlingame, Calabasas, Calexico, California City, Calimesa, Calipatria, Calistoga, Camarillo, Canoga Park, Canyon Lake, Capitola, Carlsbad, Carmel-by-the-Sea, Carpinteria, Carson, Cathedral City, Century City, Ceres, Cerritos, Chatsworth, Chico, Chino, Chino Hills, Chowchilla, Chula Vista, Citrus Heights, Claremont, Clayton, Clearlake, Cloverdale, Clovis, Coachella, Coalinga, Colfax, Colma, Colton, Colusa, City of Commerce, Commerce, City of Industry, Compton, Concord, Corcoran, Corning, Corona, Corona Del Mar, Coronado, Corte Madera, Costa Mesa, Cotati, Covina, Crescent City, Cudahy, Culver City, Cupertino, Cypress, Daly City, Dana Point, Danville, Davis, Del Mar, Del Rey Oaks, Delano, Desert Hot Springs, Diamond Bar, Dinuba, Dixon, Dorris, Dos Palos, Downey, Duarte, Dublin, Dunsmuir, East Los Angeles, East Palo Alto, El Cajon, El Centro, El Cerrito, El Monte, El Segundo, Elk Grove, Emeryville, Encinitas, Escalon, Escondido, Etna, Eureka, Exeter, Fairfax, Fairfield, Farmersville, Ferndale, Fillmore, Firebaugh, Folsom, Fontana, Fort Bragg, Fort Jones, Fortuna, Foster City, Fountain Valley, Fowler, Fremont, Fresno, Fullerton, Galt, Garden Grove, Gardena, Gilroy, Glendale, Glendora, Goleta, Gonzales, Grand Terrace, Grass Valley, Greenfield, Gridley, Grover Beach, Guadalupe, Gustine, Half Moon Bay, Hanford, Hawaiian Gardens, Hawthorne, Hayward, Healdsburg, Hemet, Hercules, Hermosa Beach, Hesperia, Hidden Hills, Highland, Hillsborough, Hollister, Hollywood, Holtville, Hughson, Huntington Beach, Huntington Park, Huron, Imperial, Imperial Beach, Indian Wells, Indio, Industry, Inglewood, Ione, Irvine, Irwindale, Isleton, Jackson, Kerman, King City, Kingsburg, La Canada Flintridge, La Habra, La Habra Heights, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lancaster, Larkspur, Lathrop, Lawndale, Lemon Grove, Lemoore, Lincoln, Lindsay, Live Oak, Livermore, Livingston, Lodi, Loma Linda, Lomita, Lompoc, Long Beach, Loomis, Los Alamitos, Los Altos, Los Altos Hills, Los Angeles, Los Banos, Los Gatos, Loyalton, Lynwood, Madera, Malibu, Mammoth Lakes, Manhattan Beach, Manteca, Maricopa, Marina, Martinez, Marysville, Maywood, McFarland, Mendota, Menlo Park, Menifee, Merced, Mill Valley, Millbrae, Milpitas, Mission Viejo, Modesto, Monrovia, Montague, Montclair, Monte Sereno, Montebello, Monterey, Monterey Park, Moorpark, Moraga, Moreno Valley, Morgan Hill, Morro Bay, Mount Shasta, Mountain View, Murrieta, Napa, National City, Needles, Nevada City, Newark, Newman, Newport Beach, North Hills, North Hollywood, Norco, Northridge, Norwalk, Novato, Oakdale, Oakland, Oakley, Oceanside, Ojai, Ontario, Orange, Orange Cove, Orinda, Orland, Oroville, Oxnard, Pacific Grove, Pacifica, Palm Desert, Palm Springs, Palmdale, Palo Alto, Palos Verdes Estates, Paradise, Paramount, Parlier, Pasadena, Paso Robles, Patterson, Perris, Petaluma, Pico Rivera, Piedmont, Pinole, Pismo Beach, Pittsburg, Placentia, Placerville, Pleasant Hill, Pleasanton, Plymouth, Point Arena, Pomona, Port Hueneme, Porterville, Portola, Portola Valley, Poway, Rancho Cordova, Rancho Cucamonga, Rancho Mirage, Rancho Palos Verdes, Rancho Santa Margarita, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Reedley, Reseda, Rialto, Richmond, Ridgecrest, Rio Dell, Rio Vista, Ripon, Riverbank, Riverside, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, Roseville, Ross, Sacramento, Salinas, San Anselmo, San Bernardino, San Bruno, San Buenaventura, San Carlos, San Clemente, San Diego, San Dimas, San Fernando, San Fernando Valley, San Francisco, San Gabriel, San Gabriel Valley, San Jacinto, San Joaquin, San Jose, San Juan Bautista, San Juan Capistrano, San Leandro, San Luis Obispo, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, San Ramon, Sand City, Sanger, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Santa Paula, Santa Rosa, Santee, Saratoga, Sausalito, Scotts Valley, Seal Beach, Seaside, Sebastopol, Selma, Shafter, Shasta Lake, Sierra Madre, Signal Hill, Simi Valley, Solana Beach, Soledad, Solvang, Sonoma, Sonora, South El Monte, South Gate, South Lake Tahoe, South Los Angeles, South Pasadena, South San Francisco, St. Helena, Stanton, Stockton, Studio City, Suisun City, Sunnyvale, Susanville, Sutter Creek, Taft, Tarzana, Tehachapi, Tehama, Temecula, Temple City, Thousand Oaks, Tiburon, Torrance, Tracy, Trinidad, Truckee, Tulare, Tulelake, Toluca Lake, Turlock, Tustin, Twentynine Palms, Ukiah, Union City, Upland, Vallejo, Valley Village, Van Nuys, Ventura, Vernon, Victorville, Villa Park, Visalia, Vista, Walnut, Walnut Creek, Wasco, Waterford, Watsonville, Weed, West Covina, West Hills, West Hollywood, West Sacramento, West Carson, West Los Angeles, Westlake Village, Westminster, Westmorland, Wheatland, Whittier, Williams, Willits, Willows, Windsor, Winnetka, Winters, Woodlake, Woodland, Woodland Hills, Woodside, Yorba Linda, Yountville, Yreka, Yuba City, Yucaipa, Yucca Valley, Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, and Sierra County. California is a very big State with many different cities and counties as you can see. If you have been in a motorcycle accident or other motor vehicle accident in any of the above cities or counties, give me a call at 800-816-1529 for a free consultation! Happy New Year, By Norman Gregory Fernandez, Esq., © 2007
My friend Ed from Blawg Review sent me a link to a story which was written by Steve from Bikernewsonline.com. Steve has posted comments here on the Biker Law Blog in the past. He broke what I consider to be a major story. Apparently, Mexican Businessman Alberto Lenz has prevailed in a lawsuit against Harley Davidson for the “Sportster” Trademark in Mexico after a four year battle. What is even more interesting is that Mr. Lenz was willing to sell the Trademark to Harley Davidson for the sum of $100,000 U.S. dollars. Harley Davidson refused Mr. Lenz’s offer and will now have to pay Mr. Lenz approximately 40% of the sales price of every Harley Davidson Sportster that was sold in Mexico since 1989. The Harley Davidson “Sportster” brand motorcycle is Harley Davidson's low end production motorcycle that comes in either 883 or 1200 cc configurations, and is their lowest priced street motorcycle. The judgment means that Harley Davidson will have to pay Lenz millions of dollars. You can read a link to the story on bikernewsonline.com that was written by Steve by clicking here now. You can read the story in Spanish from La Journada by clicking here now. Here is a link to the translated article. What I cannot ascertain is if the Court decision actually prohibits Harley Davidson from selling motorcycles under the Sportster brand name in Mexico now. I would assume that it does. I guess that a simple solution for Harley Davidson would be to either try to work out a deal with Mr. Lenz to purchase or license the Mexican Trademark, or to re-brand the Sportster motorcycle for the Mexican market. Either way they made a huge blunder by losing this lawsuit, when they could have owned the Trademark for $100,000. Now they will have to pay millions! By Norman Gregory Fernandez, Esq., © 2007
The State of Florida has proposed a new law HB137 2008, which is geared specifically towards bikers and motorcyclist. I will call it the Florida Reckless Motorcycle Law. The gist of the new law is that if a law enforcement officer charges a person with reckless driving, or driving 30mph over the speed limit, and who was riding a motorcycle at the time, the officer must arrest the rider, take him or her into custody, and seize the motorcycle, which will be subject to forfeiture under Florida's Contraband Forfeiture Act. You can read the proposed new law by clicking here. If that person is convicted under the new law, the Court SHALL order the Department of Motor Vehicles to revoke their motorcycle endorsement. This specifically means that the person will no longer legally be able to ride a motorcycle in the State of Florida. If you have read my Biker Law Blog for some time you will have heard my calls for the guys who are doing stunts on public roads and highways to cease and desist because they would screw it up for the rest of us. I have also called for other bikers and motorcyclist to put peer pressure on the guys that are doing the stunts on public roads. Now it appears that State Legislatures will start trying to do it for us. I am against the State of Florida’s HB137 2008 because it puts too much discretion into law enforcements hands with respect to being required to arrest bikers and motorcyclist who are allegedly doing 30mph over the speed limit, or riding recklessly. Furthermore the provision that allows law enforcement to seize the motorcycle and sell it smacks of another government scam to obtain revenue by selling seized motorcycles without first having to prove beyond a reasonable doubt that the person riding the motorcycle committed a crime. Civil seizure statutes require a different burden of proof than convicting persons of a crime. You mark my words, if this law passes, you will see bikers and motorcyclist of all types be rousted by law enforcement, losing their motorcycles, and their motorcycle endorsements. This law is another way for law enforcement to discriminate against bikers and motorcyclist. I am calling all Floridians to contact their legislature and put and end to HB137 2008 because it is discriminatory against bikers and motorcyclist. If Florida wants such a law, it should be applicable to persons driving any motor vehicle, not just motorcycles, and then maybe the law might be fair if you want to live in a State that can just seize your property on an allegation by law enforcement. What is wrong with Florida? Recently a city in Florida tried to outright ban motorcycles, but it did not pass. It is time for us bikers and motorcyclist to start really coming down on the idiots that are doing stunts on public roads with their sport motorcycles, because they are now bringing down heat on all of us. It is also time for us bikers and motorcyclist to stand up for our rights before they are taken away from us forever! By Norman Gregory Fernandez, Esq., © 2007
I have had a run of bikers who have had motorcycle accidents call me lately that do not even have basic liability insurance. I am not talking about the type of insurance that will cover your motorcycle in case of an accident for your own property damage. (Comprehensive and Collision Coverage) I am talking about liability coverage that will cover someone or a passenger in case you are at fault in an accident. The biggest reason you need this insurance is that it required by California State Law. The voters enacted proposition 213 some time ago. The law requires that all drivers of motor vehicles on public roads in the State of California have at least minimum liability coverage’s of $10,000 for property damage, $15,000.00 for bodily injury per person, and $30,000.00 per incident. You may think; “oh well, I am riding a motorcycle, what damage can I do?” This is not the issue, the issue’s are; (1) You can lose your drivers license for up to a year if you drive without liability insurance, this goes for driving cages too; (2) Your vehicle can be impounded and sold at auction if you are caught driving it with no insurance; and (3) You will face up to a $2,000.00 fine or ticket if you are caught riding or driving without insurance. If this is not enough to scare you there is more! Proposition 213 precludes anyone who is driving a motor vehicle (motorcycle, car, truck, etc.) on public roads, without the minimum liability insurance coverage, from recovering general damages in an accident! You are only entitled to Special Damages. What are General Damages? They include pain and suffering, loss of enjoyment of life, and emotional distress! These are the big money items that are compensable in a motorcycle accident! What are Special Damages? They include out of pocket losses such as property damage, medical bills, loss of use of vehicle, etc. Imagine being taken out in a motorcycle accident, losing a leg, and finding out that you will not recover the big bucks for general damages because you were foolish enough to let your liability insurance lapse and be cancelled! Most insurance companies give you 30 days to declare a new motorcycle on an existing policy, but I for one do not take any chances. Anytime I buy a new bike, I cover it before I ride it period. Now my law firm does accept some so-called Proposition 213 cases for bikers and motorcyclist, (Bikers and Motorcyclist who are not at fault but have no liability coverage.) However, the vast majority of all personal injury lawyers reject these types of cases. Come on guys and gals, get your shit together and at least carry minimum liability insurance coverage just in case! It is required by law, and if you are taken out in an accident that is not your fault you will not be precluded from full compensation, not to mention all of the penalties that go with being an uninsured motorist. If you have been in a motorcycle or other type of motor vehicle accident anywhere in the State of California, you may call me for a free consultation at 800-816-1529. By Norman Gregory Fernandez, Esq. © 2007
Well as many of you probably already know, I have been on a bit of a hiatus with respect to posting articles on the Biker Law Blog. I can assure you that I wanted to keep posting Motorcycle and Biker related articles on a daily basis but sometimes circumstances intervene that are beyond our control, which is what has happened in my case. To top it off The Biker Law Blog was hacked! Some idiot got into the system and changed some of the pictures. Make sure you hit refresh on your browser to get the real pictures back. On the Biker Law Blog, I don’t just copy other people’s motorcycle articles, or copy biker news from other sources like many other bloggers do, I actually write the articles. This process takes time and effort. Although I am still on a hiatus, I will try to post 2 to 3 good articles a week from here on out and see how it goes. Many things have been happening in the motorcycle world from a city in Florida trying to out right ban motorcycles, to massive increases in motorcycle accidents and motorcycle related fatalities nationwide. Look for new motorcycle and biker related articles from me real soon, and remember to keep both wheels on the road! By Norman Gregory Fernandez, Esq., © 2007
It looks like Anaheim, California is the latest California City to go after Bikers for loud pipes! Well here we go again. Rather than using law enforcement resources to go after criminals, drunk drivers, and the like, another California City is instead going after bikers with loud pipes. If you are thinking about riding through the City of Anaheim, you better think again. They are going after bikers with loud pipes and writing tickets to fill the city coffers like crazy. Click here to read a story from the Orange County Register on what is happening. It looks to me like this is becoming a nationwide trend and it also looks like it is not going away anytime soon. I for one will take my money elsewhere. If Anaheim does not like my motorcycle, then they certainly do not like me. By Norman Gregory Fernandez, Esq., © 2007
It looks like the loud pipe crackdown is starting to spread across the nation. I have written articles about Malibu, California, and Denver, Colorado cracking down on loud pipes. I have now heard reports from people calling my office that certain cities in the Inland Empire are starting to crack down on loud pipes as well. I have also heard reports from my brothers in Minnesota, that there is a crackdown happening in certain cities there too. I will again reiterate my position that loud pipes on motorcycles do save lives, because it forces the cagers to notice you! I have received many comments on the Blog from readers who have differing opinions that mine and that is OK. Free Speech amongst bikers will not be infringed upon in my Blog. The bottom line is that the law requires that stock exhaust systems not be modified or tampered with. However, it is absurd that a biker or motorcyclist should have to buy OEM exhaust from the manufacturer of their motorcycles in order to be in compliance with the law. They should have a choice as to what pipes they want to put on! This is a free country right? We all know that there are guys out there running open pipes and that things can get kind of loud. I guess there needs to be a happy medium otherwise we are all going to be screwed into having to run OEM pipes no matter what. There are many aftermarket systems out there that come with baffles that will quiet the motorcycle down to a reasonable level. Where I live it is biker valley. There are more registered motorcycles in the San Fernando Valley, California, than any other geographic location of the same size anywhere in the country. I just saw a guy riding down a street called Devonshire, whose bike was so loud that it really was ridicules. You know it takes a lot for me to say that because I advocate that loud pipes save lives. Nonetheless it is guys like this that are and will cause the crackdown on all of us. Imagine if cars were running open headers? I know, when I was a teen, I had a souped up Nova with open headers. I was promptly given a ticket and this was in 1979 or 80. I do not remember the exact year. So what am I saying; let’s keep a happy medium. There is no reason to be running open pipes. You can still have a reasonably loud bike with baffles installed or tuned. Obviously I am not advocating breaking any laws. For all of you guys with aftermarket pipes, you better do yourself a favor and keep your OEM pipes just in case you get stopped for loud pipes. It is cheaper to just re-install them on your motorcycle if you do get stopped, rather than having to buy a new set. I kept my OEM’s from Harley Davidson and they are in my garage. By Norman Gregory Fernandez, Esq., © 2007
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