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Biker and Motorcycle Lawyer Blog

added: Tue, 10th October 2006 | 1237 views | 0x in favourites
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Motorcycle Legal Issues, Motorcycle Safety Tips, Motorcycle Videos and Links, Motorcycle Ride Reports, General Personal Injury Information.

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Maybe Someday We Will Wear Our Motorcycles!

My friend Ed from Blawg Review recently sent me an article about a wearable motorcycle. You can see a picture of the design on the upper left. When I read the article, I thought to myself, wow, this would be a cool thing to ride. The design of the wearable motorcycle may not be practical, but it sure is cool. The designer of the wearable motorcycle states that you would simply step into the wearable motorcycle, and strap it on to your body. The design would run off lithium ion batteries, and would be capable of speeds up to 75 mph. Could you imagine riding this wearable motorcycle through the canyons? You can check out the article Ed sent me, along with a video animation showing the design of the wearable motorcycle by clicking here now. By Norman Gregory Fernandez, California Motorcycle Accident Attorney, © 2008

Does Being Overweight Affect Your Rights in a Motorcycle Accident Case?

First off, if you are overweight and a biker, I hope you do not take this article the wrong way. This article will discuss two things: (1) does being overweight affect your rights in a motorcycle accident case; and (2) does being overweight affect your ability to ride a motorcycle. I will first discuss how being overweight may or may not affect your ability to ride a motorcycle. As many of you probably already know, obesity is a huge problem in the United States of America. For instance, I just got back from walking at the shopping mall. I would say that well over 50% of the people in the mall were not only overweight, but what I consider to be obese. Notwithstanding this fact, I do not see why a person who is overweight cannot safely operate a motorcycle. As a matter of fact, I personally know people who I would consider to be obese, and yet are outstanding motorcycle riders. Being overweight may be a consideration with respect to that type of motorcycle a person may want to ride, such as a sport motorcycle v. cruiser type of motorcycle. It may be more comfortable for a person who is obese or overweight to select the cruiser type of motorcycle. The way I look at it, to each their own. A motorcycle rider, whether they are skinny, medium build, or overweight, should take an appropriate motorcycle safety course, when beginning to ride, and maintain their skills; however I do not see weight being a factor one way or another. With respect to the issue of whether being overweight, would affect your rights in a motorcycle accident case, I would say no, unless you as a motorcycle rider are somehow at fault. I wrote an article previously discussing how pre-existing conditions should not affect a personal injury case. You can read that article by clicking here now. In human nature there is a tendency to discriminate against people who are different. This holds true for people who are overweight or obese, who are also the victims of discrimination. If you are overweight, and have been in a motorcycle accident, you are going to want to retain an attorney, who knows how to deal with the issue of pre-existing conditions, and a jury's tendency to discriminate against people who are different. I am that type of attorney. As an example of a worst-case scenario type of motorcycle accident case; I am representing a man from northern California, who sustained horrendous injuries in a motorcycle accident. Months prior to his accident, he had surgery to put a band around his stomach so that he could lose weight. At the time of his accident, he was obviously extremely overweight. Notwithstanding this fact, he was rear ended by a negligent cager. Among other injuries, the surgeons had to go back into his body to reinstall the band around his stomach. My firm will eventually get this gentleman, a very high settlement or judgment for his injuries. You see a defendant has to take a plaintiff as he finds them. This holds true whether the defendant is obese, or has other pre-existing conditions. If you are overweight, obese, or have other pre-existing conditions, and have been the victim of a motorcycle, or other motor vehicle accident, you may call my law firm for a free consultation at 800-816-1529, extension 1. I will tell you over the phone whether you have a good case. By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

Should You Stop Riding Motorcycles When You Reach A Certain Age?

Well everyone who knows me personally, or reads the Biker Law Blog, knows or should know that I sometimes embrace controversial topics. I am sure this article will be one of them. So now I will pose the question; should you stop riding your motorcycle when you reach a certain age? I recently read a book written by a gentleman named Ted Simon, called “Dreaming of Jupiter,” wherein the then 69 year old Ted Simon (a.k.a. Jupiter) rode around the world in a two year period. He had a couple of accidents along the way, one requiring surgery. However this man did ride around the world! (I will be reviewing his book in the Biker Law Blog soon. There are a couple of indisputable truths; on average our bodily functions and senses start decreasing after 40 years of age, and the fatality statistics for motorcycle riders over 40 years of age who are involved in a motorcycle accident have risen alarmingly over the past few years. Hell I just turned 45 years old myself this past June. I know I am not the same man that I was in my twenties or thirties, but I can pretty much still kick some ass, as can many of you if you know what I mean :) Nonetheless, a long time motorcycle rider just signed up with my firm who has been riding motorcycles for over 50 years without a single accident; not a single one! Then one sunny afternoon as he is riding with a pack of 8 motorcycles, one of which was his son, and another, a former client of mine and a good friend, then bam, lights out, life flight helicopter, major injuries, stuck in a hospital in a medically induced stupor, well you get the picture. For some reason this particular accident got me to thinking about my own safety on a motorcycle and whether I should retire from riding motorcycles at a certain age. Don’t get me wrong, I am a life long motorcycle rider, and could not imagine ever living without being able to ride a motorcycle. My life experience riding motorcycles and my experience as a renowned biker and motorcycle accident lawyer in the State of California have definitely changed the kind of motorcycle I ride and the way I ride motorcycles. For instance, I now wear a modular flip up full face helmet 99.9% of the time while I am riding (in the past I wore no helmet or just a beanie), even though the guys I ride with are all wearing beanie helmets. I mostly ride with a full leather jacket on no matter what as well. The cost/benefit ratio is just not palatable to me in case I am in an accident, i.e. losing my face in a crash as opposed to wearing a full face helmet, etc. Getting back to the subject, should I stop riding motorcycles at a certain age, should anybody? We all know or have heard the stories about the old men and women who take out a crowd on a sidewalk in their car, or have caused accidents when they hit the wrong peddle in their cars. On a motorcycle there are no second chances in most cases, especially for older riders who on the average have a harder time recovering from injuries than younger people. On a motorcycle, you must be sharp, have all of your faculties, and be able to function better then you would driving a car. Your life depends on it. I have ridden in packs for many years. I can tell you without a doubt that there are many guys and gals riding motorcycles today, that should not be riding motorcycles, and that would probably fail a motorcycle riding test if they were given one. If you are reading this, you may come to the realization that I may be talking about you! I hope not! Riding a motorcycle requires constant practice to stay on top of your game whether you are young or old, but as you age the odds become stacked against you. I read many biker websites and Internet forums related to bikers. It blows my mind that most of the people on these sites seem to spend more time writing about what a bad ass biker they are, then actually riding! How can they possibly be up on their game when they are sitting on their ass 7 days a week for hours at a time on an Internet chat room talking about riding? Anyway, as for me, I have contemplated whether I should stop riding at a certain age. For me riding a motorcycle will always be fun, however, I have decided if there ever comes a time when I am a danger to myself in the saddle, I will hang it up. Hopefully if and when this time ever comes, I will realize it without having a motorcycle accident! I hope this time never comes, but if I do live to be an old man which I hope I do, it will inevitably come! I hope the same for all of you too. Hell there was a guy from Australia in his 70’s that broke several land speed records on an Indian at the Bonneville Salt Flats. He even went down once. Even he questioned whether he was getting too old! Why am I writing this article, well because I actually care about people? I would rather see you all safe than as a statistic. I really would appreciate your comments on this subject. By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

The Top 10 Ugliest Motorcycles of All Time.

I like to lighten it up from time to time here on the Biker Law Blog. This is one of those times. I recently read an article on hubpages.com that lists their top 10 ugliest motorcycles of all time. The writer of the article who has spent lots of time in the saddle since the 1970’s list the following motorcycles as being the top 10 ugliest in his opinion. At the end of the list, I will give you a link to the list along with pictures of the top 10 ugliest motorcycles. Please note that I think that the new Victory Vision Touring Motorcycle should be on the list as well. To me it has got to be amongst the top 10 butt ugly motorcycles of all time. I have tried and tried to look at it in new ways, however, no matter how I look at it, it is butt ugly. I posted a picture of the Victory Vision on the upper left even though it is not on the list of top 10 ugliest motorcycles of all time. However it is on my ugliest list. Here are the top 10 ugly motorcycles from hubpages.com: Number 10: Honda CB400F Number 9: Suzuki SV1000 Number 8: Yamaha Roadliner Number 7: Kawasaki KZ1300 Number 6: Triumph Rocket 3 Number 5: BSA Rocket 3 Number 4: Honda Rune Number 3: Honda V45 Magna Number 2: KTM 690 The Number 1 Ugliest Motorcycle of All Time: Buell Lightning Click Here to see pictures of the top 10 ugliest motorcycles, and to read write ups on each by the reviewer. Enjoy! By California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2008

What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

*** July 19, 2008 Update: Here is a link to a major news outlet story about bed bugs in major hotels. Click Here: Here is a link to a video about bed bugs and what to look for. Click Here Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle. You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night. As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail. What do you do? Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis. The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures. You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you. You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own. Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations. Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client. If you have been the victim of bed bugs in a hotel / motel, a motorcycle accident, a car accident, a truck accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case. If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you. If you do not feel like calling you may click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain. Take care all and remember; don’t let the bed bugs bite! California Personal Injury Attorney Norman Gregory Fernandez, © 2008

Is an Old School Biker Whip Illegal in the State of California? What weapons are banned in California?

After a recent incident here in Los Banos, California, I received an inquiry as to whether an Old School Biker Whip is Illegal in the State of California. I was also asked if the use of the Old School Biker Whip is a crime. Well first off many of you are probably wondering what an Old School Biker Whip or “Getback” whip is. There is a history behind the old school biker or "getback" whips. In the past and in the present, you may have seen bikers and motorcyclist with biker whips attached to their motorcycles. The Biker Whips are attached to the motorcycle by way of the clutch or brake levers. The whips usually made from leather, can be a decorative display, or display a bikers motorcycle club colors. A biker whip can be quickly released and used "in case of emergency" as well. Presently many bikers still hang whips from their controls including a few of my brothers. Many mainstream bikers and motorcyclist hang whips from their controls for decoration. Here is a website that sells all types of Biker Whips. The issue is whether they are legal in the State of California. The short answer is yes and no. A Biker Whip is not banned by California Penal Code §12020 so they are most likely legal. However, if the whip is used in the commission of a crime, than it is most likely illegal in that circumstance. Hell even your finger can be construed as an illegal weapon when used during the commission of a crime in the State of California, under certain circumstances. Therefore, no one should be getting arrested or busted in California for hanging a biker whip on the controls of their motorcycle; at least that is my opinion based upon the present law as it stands now. California Penal Code §12020 articulates what weapons are banned in the State of California. It states in Part that: (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison: (1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag Since there is no mention of a whip being illegal in the code, it should therefore not be illegal. However, if you use it in the commission of a crime all bets are off. By California Biker Rights Attorney Norman Gregory Fernandez, © 2008

There is Nothing Like being Notified by the Bank on a 3 Day Long Holiday Weekend, That You Have Been the Victim of Credit Card Fraud.

Yesterday morning, July 4, 2008, I received an email from my bank telling me that my Visa/Check/ATM card was suspended due to suspicious activity, and that I should call a toll free number immediately. I have received similar emails from my bank in the past so I did not think anything of it. I am cautious by nature when it comes to identity theft and credit card fraud, both crimes of which I have been the victim of in the past. However, my bank is usually gung ho when it comes to suspicious activity, and up until now, there was never any real problem. The first thing I did was check the telephone number I have stored in my cell phone, with the telephone number in the email. You see I am cautious, the email I received could have been a fake or spoof to get me to call and disclose my credit card information to some criminal in Eastern Europe, Africa, or even here. The toll free number in the email did correspond to the toll free number stored in my cell phone, so I knew it was accurate. I then checked my banking activity via the banks online website to see if there were any inaccurate charges; there were! I saw one transaction pending for $1.67 which was charged on July 4, 2008. I then saw another transaction pending from the European Union for $100.00 which was charged on July 4, 2008. Both of these charges were not only not mine, but they were fraudulent. I was pissed off to say the least. I then called my bank’s ATM department. After the usual security checks to verify that I was their real customer, they told me about the suspicious charges before I could even tell them about the charges. As it turns out, the $1.67 charge came through and was authorized, and then second’s later four $100 charges came through from the European Union. One of the $100 charges was authorized, the others were flagged as suspicious by my banks system, and they suspended my card automatically. The fraud analyst had a name for the scam that was used, however I do not remember it. Now I will tell you, in the past when I have taken long motorcycle trips out of State, or trips to Las Vegas, my bank has suspended my card just from my normal usage. They have told me that numerous small charges will flag their system, among other things, etc. It has sometimes been a real inconvenience because I had no number to call on the weekend to get my card going again. Luckily in all of these types of circumstances, I had enough cash on hand to hold off until I could get to a bank and/or call them to tell them the charges were mine and to release the card. As a matter of fact I got quite upset on a few occasions at my bank for suspending my card. I now know to call my bank before I travel to let them know when and where I am going so that they will not automatically suspend the card unless I call. Anyway getting back to the subject of this article; I was the victim of credit card fraud to the tune of $101.67. Thank goodness that my bank has instituted checks and balances in their system to spot fraud otherwise I could have been out for much more money. I was told by their fraud analyst that I was lucky and they have seen this scam before. My card would have kept on being charged until they cleaned out my bank account. This is the danger of Visa Check/ATM/Debit cards; they are tied to your bank accounts! I myself do not like using credit cards, but I like to use a Visa Check/ATM/Debit card because it is much more convenient then carrying or using cash. I do not believe in Credit. I think that you should only buy what you have cash on hand to afford. Anyway this is a subject for another article. I wish to thank my bank for saving me from having my accounts wiped out. They have told me that once the charges go through their system that all I need to do is call and dispute the charges and they will reverse the charges. The analyst told me that since they approved the fraudulent charges there was little chance that they would get the money back from the criminals that took it. I asked the fraud analyst how this could happen. She told me of many different schemes that could be used to get your credit card information. As for me, I am now strongly suggesting to everyone that they bank with a major bank that has systems in place to protect you from fraud, and that has an online banking website that allows you to check your account in real time. Above all, you want to be with a bank that will give you your money back when you have been victimized like I was. If they don’t give me my money back I will do a follow up article, however I trust my bank. You may be wondering why I am not mentioning my the name of my bank; it’s simple, I am not going to disclose my bank to the world to protect myself from fraud! With respect to the criminals that are doing this type of thing, all I can say is three things; (1) Notwithstanding the fact that I am a California Motorcycle Accident Lawyer, I would love to grab you by the neck and kick the living shit out of you; (2) I would love to be present when you are busted by the cops and hopefully roughed up; and (3) I want to see you in jail as you are gang banged by a big dude named Bubba and his cell mates. No I am not kidding; I do not like being ripped off. No red blooded American likes to be ripped off. The bank tells me there is a small chance that these criminals could be caught. I think that the credit card authorization system needs to be revamped so that a bank authorizing a charge can get its money back within a window for fraud. Check your accounts people; there are sophisticated scum bag criminals that want to rip you off! By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

Happy Independence Day from The Biker Law Blog!

First off I want to wish everyone a safe and sane Independence Day. Well it is that time of year again; Independence Day, known to others as the 4th of July Holiday. On this day in the year 1776, the founding fathers of the United States of America proclaimed through the Declaration of Independence, a new nation that was free of it’s allegiance to the British Empire. If you want to read the full text of the Declaration of Independence click here to see an article I wrote last year. There are many who will celebrate today and tonight by having a barbecue with the friends or family, watching a fireworks show, or setting off your own fireworks, and enjoying an extra day off of work and a long weekend. Take a moment to contemplate what today; Independence Day is really all about. You see, our founding fathers some 232 years ago, put the lives of themselves and the lives of their families on the line by signing the Declaration of Independence. They were revolutionaries, they were patriots, and to the British traitors. Yes, any one of the founding fathers who signed the Declaration of Independence if caught by the British, most likely would have been tried and hanged for treason against the British Empire. Our founding fathers put it all on the line so that you can enjoy your barbecue and fireworks celebration in the greatest nation on earth. Had it not been for the Declaration of Independence and the Revolutionary War fought by many brave souls two centuries ago, we would probably still be British! Our current military and past military veterans are and continue to put it on the line so that you may continue to be free. Freedom is never free; it is bought and paid for with the flesh and blood of brave souls. This is why it is so important that we never give up our freedoms! Have a great Independence Day. By California Motorcycle Accident Lawyer Norman Gregory Fernandez, © 2008

Is there a difference between a California Motorcycle Accident Lawyer and a California Motorcycle Accident Attorney?

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

Riding a Motorcycle to Save Money on Gas; It is a Smart Thing To Do!

For those of us who are getting creamed at the gas pumps by the oil baron crooks and oil speculator bottom dwellers these days, there is a way to save some serious money; buy a motorcycle and use it as your primary means to commute to work. Motorcycles are a serious viable solution to beating the high cost of gasoline. I have been getting comments here on the Biker Law Blog, and emails regarding the high price of gas issue and thought I would write an article about solutions to it. Yes, riding motorcycles, especially for new motorcycle riders, is a bit different than driving a car, there is no doubt about that. But you can do it, gain a new found pleasure by doing the same, and save a ton of money in the process! First, in order to legally ride a motorcycle in the State of California, you will need a valid motorcycle endorsement on your driver’s license. I am sure all states have the same kind of requirement. Check with your respective States Department of Motor Vehicles to find out the requirements. I recommend that new motorcycle riders take and pass a certified Motorcycle Safety Foundation Riding Class not only to get your motorcycle endorsement on your driver’s license, but also so that you learn how to ride your motorcycle. If you think back to when you started to learn how to drive a car, it was basically the same thing. You probably had to have a certain number of hours of behind the wheel if you were a minor to get your license. You probably had to take a driving test to get your license. You probably also had to take a written test to get your drivers license. The motorcycle endorsement on your driver’s license is basically the same at least in California. If you pass a written test you will be given a permit to ride your motorcycle during daylight hours, with no passengers, and will not be allowed to ride on freeways. Once you have your permit you have two choices to get you full motorcycle endorsement; (1) You can pass the DMV riding test on your own without formal instruction; or (2) You can take the certified MSF motorcycle class. If you pass the class, it is the same as passing the riding test at the Department of Motor Vehicles, and you will not have to do the riding test at the DMV. Many years ago, I just went and passed the riding test at the DMV. I passed on the first shot. The California Department of Motor Vehicles has what I believe is an easy motorcycle riding test which consists of; (1) starting, stopping, shifting, usage of controls; (2) riding your motorcycle around a very sharp curve while keeping both tires within a very small parallel line; (3) maneuvering around cones; and (4) doing number 2 and 3 in both directions. Although you can take the riding test like I did at the DMV, I still recommend taking the MSF class if you are a new rider. If you are a new rider, I strongly suggest that you shop around for a motorcycle that will suit your needs as a beginner. I do not think that new motorcycle riders should be getting 2000 cubic inch monsters. Rather, a new rider should get an 800 cubic inch or below motorcycle to learn on. Preferably something that is easy to ride and nimble. The only way to find the right motorcycle for you is to shop around. This article is not on finding the right motorcycle. This article is about beating high gas prices by riding a motorcycle. Now what kind of mileage can you expect by riding a motorcycle? I would say 2 to 3 times that of ordinary cars that are on the road depending upon the motorcycle that you choose. My Harley Davidson Electra Glide is rated at around 32.5 miles per gallon in the city, and around 45 miles per gallon on the highway. Of course gas mileage varies based upon how you ride, weight, tires, etc. The car that I drive gets around 9 to 10 miles per gallon in the city, and around 20 miles or less miles per gallon on the highway. It has a Northstar V8 engine. The Harley Davidson Electra Glide is a big heavy motorcycle. There are many others that get much better mileage. I found a great website site to check out motorcycle mileage ratings based upon motorcycle manufacturer. You can check it out by clicking here. Once you get to the site, click on the manufacturer to check out the mileage for the different models. As a Biker Lawyer who handles motorcycle accidents and other types of personal injury cases and legal work, I sometimes have to drive to Court in a suit and tie, or I have to carry large case files to depositions or Court. In these situations, I have to keep a car because it is not practical to wear a suit on the motorcycle. You too may have a similar situation where you may not be able to ride to work all of the time. Obviously there are also times when weather would make riding either dangerous or not wise. I therefore recommend that everyone keep a small car for those times when you cannot ride, or need to carry your family. Some many not need to keep a car! I do know many guys and gals here in Southern California that do not own a car. Here it is possible to ride a motorcycle everyday, but in most other parts of the country, snow and other in climatic conditions may not allow for the same. It is time to beat the high gas prices that are strangling our nation; buy a motorcycle and commute to work on it! By Norman Gregory Fernandez, Esq., © 2008

Ramblings from a Simple Biker Lawyer on my 45th Birthday.

Well here I sit, June 20, 2008. I was born on June 20, 1963; today is my birthday, I am now 45 years old. Yippee fucken dodadeee. (Actually 44 years, 11 months, 30 days, 7 hours, and 15 minutes old at the time of the writing of this article, but who is counting. At 9:30pm I will actually be 45 years old.) Where have 45 years gone? Well to be frank it is a blur. The time went by real fast. It is going by faster then ever now. I grew up way too young. I enlisted in the United States Air Force / California Air National Guard at the ripe young age of 17 when I should have been in 12th grade in High School; I thought I knew it all. I soon learned that I did not know squat. I was basically still a boy, who was forced to be a man by the choices I made. I wanted to grow up fast and I did. By enlisting the way I did, I missed attending my Senior year at Chatsworth High School, (I took the GED and passed, which was an Air Force requirement absent a High School Diploma) I missed going to my High School Prom, I missed all of the things that a teenager of that age normally did at that age. Unlike some of my deadbeat friends who mooched off of their parents as long as they could, I took a burden off of my parents at an early age. It was a tough experience for a 17 year old kid. The Air Force recruiter showed me an old fashioned reel movie like they used to have in school during my time, of bikini clad gals sitting around a pool, bowling alley’s, metal and wood shops, the Base Exchange, bars and dance clubs on base, on base housing, etc. I thought wow; I am going to a country club. The Air Force is great. I told my parents that it was going to be great. I actually believed that I was going to the place the recruiter showed me in the movie! When I got to Basic Training in the wee hours in March 1981, boy did I get a surprise. All of the things I saw on the tape at the recruiters did exist; they forgot to tell me that it did not exist for me or the other new Airmen who were tortured that night, and for the next six weeks in Air Force Basic Training. Instead of a country club, I arrived in a living hell. Don’t let anybody bullshit you into thinking that Air Force Basic Training is a summer camp or easy as pie. It was basically a psychological nightmare from hell that I would not want to wish on my worst enemy. It was physical as well, that was the easy part. The psychological bullshit that we were put through was without equal in my opinion. The Air Force wanted very smart individuals who could acclimate, think, and be a part of the most technologically advanced armed forces that our nation has. They weeded people out like they were growing in a field. They would ask the fuckup’s why they did not join the Marines, Army, or Navy. (I don’t want any shit about what we were asked in Basic; you know full well that your DI’s/TI’s talked shit about other branches of the military too!) People would just disappear from our Flight. Did I say it was a nightmare from hell? We had the ubiquitous suicide attempts, mental rejects and psych cases, medical fuckups, just like all of the other branches of the service. [...] Read more!

Is There a Rivalry between Cruiser Motorcycle Riders and Sport Motorcycle Riders?

I have been getting many emails and comments on the Biker Law Blog, from all types of motorcycle riders in response to my articles. What is truly disturbing to me is that a couple of self described sport bike motorcycle riders have commented on articles, where I have written that unlawful antics by a very few sport motorcycle riders on public roads are bringing heat down on all motorcycle riders by law enforcement, and that all bikers and motorcyclist should put peer pressure on these idiots to stop! These self described sport motorcycle riders allude to some fictitious so-called rivalry between sport motorcycle riders and cruiser motorcycle riders. Heck one of them even accused me of being biased because I ride a Harley Davidson. What they did not know is that I ride sport motorcycles too. First off, as a biker lawyer and motorcycle accident lawyer, I represent riders of all types of motorcycles who have been involved in a motorcycle accident here in the State of California. I do not discriminate period. I have many clients who ride cruiser motorcycles, sport motorcycles, and other types of motorcycles. Now as a biker who happens to be a biker lawyer and motorcycle accident attorney, I ride quite a bit both near and far. The way I see it, on the road, all motorcycle riders seem to give respect to each other with very few exceptions. I throw out the biker hand salute to riders of all motorcycles, and they throw me the biker hand salute too. The biker hand salute is extending your left hand out and down while riding, with your palm facing forward. This is done to acknowledge another motorcycle rider who is riding past you in the opposite direction. In the above picture, you can see an actual picture of me throwing the biker salute to a sport motorcycle rider on Mulholland Highway, riding away from the Rock Store. The picture does not show him waving back, but he did! The picture was taken by an ex girlfriend who was following behind me with her friend in a cage. So what about this so-called rivalry; it is a myth. In my experience on the road a biker is a biker and a motorcyclist is a motorcyclist. Bottom line. Yes there are assholes who ride cruisers, there are assholes that ride sport motorcycles, and there are just assholes! It is the very few assholes that try to make a bad name for all. The vast majority of bikers and motorcyclist who ride on 2 wheels share a comradery on the road that no cager will ever know. I have ridden in packs where there are sport motorcycles and cruisers. In the end we are all in the same boat as bikers and motorcyclist. We share the same pleasure, and the same potential danger. So those of you in the motorcycle community, who are trying to justify your illegal street racing and stunt antics on public roads by explaining it away as some kind of cruiser/sport bike rivalry, go suck one. There is no rivalry! When we stop at places after riding our motorcycles like the Rock Store, Neptune’s Net, the Rock Inn, Cooks Corner, Newcomb’s Ranch, and other motorcycle spots near and far, we all seem to get along just fine no matter what we are riding, except for those very few with some kind of chip on their shoulder. It is those few with a chip on their shoulder that live a miserable existence, and that will never know what being a biker is all about, or experience true happiness in their lives. By Biker Lawyer Norman Gregory Fernandez, © 2008

News Alert; The City of Long Beach is Beefing Up Enforcement Against Motorcycles With Loud Pipes!

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

Two Great After Market Products for the Harley Davidson Detachable Tour Pak: (1) A 4.25 Inch Tour Pak Relocation Kit; and (2) Aluminum Docking Mounts to Replace the Stock Harley Davidson Plastic Docking Mounts; My Review!

Anyone who has installed the Detachable Tour Pak Rack Kit on their Harley Davidson Motorcycle will soon find a couple of things that could be better. You can read an article that I wrote about installing a Premium Tour Pak on my Electra Glide by clicking here now. Tour Pak Relocation Kits First off, anyone that rides a Harley Davidson Touring Motorcycle will notice that on a stock setup either with the detachable back rest, or standard or detachable tour pak, that it can become very cramped when you have a back seat passenger behind you. I myself am not fat, nor is my old lady. As a matter of fact my old lady is skinny. Nonetheless we were cramped on my Electra Glide with the detachable sissy bar or the detachable tour pak installed. I for one don’t mind feeling my old lady behind me on rides, however when you are on a long run doing 500 mile plus days, it is nice to be able to stretch out if you want to. As for her it is nice to not have me using her as a back rest if you get the drift! I went looking for some way to move her back so that I could stretch out, and to make it comfortable for both of us on long motorcycle runs. I found 3 after market solutions to relocate the tour pak back. Kuryakyn makes a 2 inch tour pak relocation> You can see it by clicking here. They state that it is not compatible with the Harley Davidson Detachable Tour Pak Rack so the Kuryakyn solution was not for me. Besides, I cannot see spending $199.00 for only 2 inches of room! [...] Read more!

California Ban on Use of Cell Phone Without Hand Free Begins July 1, 2008! What You Need to Know about the New Law.

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

Southern California Motorcyclist Killed in Crash with Truck

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 man killed Sunday in motorcycle crash

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

Memorial Day 2008; Remember our Fallen Heroes.

So here we are again, observing another memorial day in the year 2008, a nation at war. As I write this observance, many men and women, our nation’s best, are in harms way in Iraq and Afghanistan. (approx. 200,000) Many have paid the ultimate sacrifice for our freedom. (approx. 4,500 in Iraq, approx. 1000 in Afghanistan) Tens of thousands have suffered horrendous injuries. Last year I wrote a Memorial Day tribute called Blawg Review 110 which is chocked full of information about Memorial Day. I highly recommend that you read it. You can read it by clicking here now. Over one million (1,000,000) men and women have given their lives in the service of our nation, The United States of America. If you happen to find your way here to the Biker Law Blog on Memorial Day, or even after Memorial Day, I would ask you to do a simple thing. Remember those brave souls who gave their lives for your freedom. As you enjoy your family, maybe a movie, a kiss, a meal, or even the pleasant scents of the trees, remember the over one million brave souls who willingly gave their lives so that you can enjoy those simple things in life, which they can no longer have because of their sacrifice. May God Bless America and May God Bless Our Fallen Heroes. By Norman Gregory Fernandez, Esq., © 2008

Thoughts of a Biker Lawyer about to engage in Battle!

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

A Place on the Internet for Bikers and Biker Babes to Meet and Socialize; BikerorNot.com.

I was recently turned on to a site that is kind of like a MySpace for Bikers, it is called BikerorNot.com. When I got on there I was intrigued to see that many of my friends had already found and signed up for the site. I was also intrigued at the vast number of members that are on the site. I decided to sign up on the site, and put up a profile. You can see my profile at bikerornot.com/bikerlawyer. Membership on bikerornot.com is free. Within a week of signing up, I had a bunch of new friends, and have actually connected with a few people on the site. I have not only talked to them on the phone, but I am going riding with some. Now as for me, I obviously like to spend more time on my motorcycle, then on the internet, however, there are those times when I like to take a break and get on the internet. Bikerornot.com has many different features that make it a really cool site for bikers to go to. On bikerornot.com you can find people to ride with, you can hook up with gals or guys, there are forums, they have a live chat, you can join groups, and the system even lets members plug in events. I like the events feature because you can hook up with other people who have indicated that they are going to an event. Members of bikerornot.com can also upload pictures and all sorts of stuff. You can get addicted if you are not careful. I talked to James Plouf who is the President and CEO of bikerornot.com. He tells me that the site is about a year old and already has approximately fifty five thousand (55,000) members. That is heavy duty considering the age of the site. James says the site was specifically designed for bikers! Imagine being able to socialize with 55,000 bikers without having to leave the comfort of your home! I have seen many biker sites, biker forums, and even MySpace. I have to give bikerornot.com a big thumbs up, and highly recommend it to any biker, motorcycle rider, biker gal, or biker babe! If you are in the motorcycle world this is a site for you. The way I see it, with a site like bikerornot.com there is no reason for you to ride alone again if you do not want to. There are many bikers, gals, and motorcyclist on the site looking to connect for rides, friendship, relationships, and more. Have at it and have a good time. Just an F.Y.I., I have not received any compensation whatsoever by James Plouf, bikerornot.com, or their parent company for this review, nor would I accept the same. Furthermore, I have not received any monetary compensation whatsoever from any company that I review on my Blog! By Norman Gregory Fernandez, Esq., © 2008

A Typical Motorcycle Accident Caused by a Cager Cutting off A Motorcycle. Check out this Video!

Here is a video which demonstrates a classic cager v. motorcycle scenario whereby a cager cuts off a motorcycle and causes the motorcycle to crash, probably causing severe personal injuries to the motorcyclist. First off there is no excusing the cager whatsoever for causing this motorcycle accident. The car has a duty of due care to ensure that there is no one in the other lane before changing lanes. The video clearly shows that the biker owned the lane, and was clearly not at fault in this accident. I handle motorcycle cases such as this on a daily basis. Most of the time there is not video like this to show what actually happened in a motorcycle accident. From the video it appears at least to me that the accident could have probably been avoided had the biker been riding slower. You may agree with me that it appears that the car took a bit of time before the biker hit the car. Had the biker been going slower, this accident probably could have been avoided. What is the lesson learned by this video; Ride like you are invisible. If you are on city streets or highways, anticipate that some idiot is going to cut in front of you in their car. Ride defensively and always try to leave yourself a way out. Obviously, there are times when there is flat out nothing that you can do, however, the lesson of this video is that riding slower on city streets and highways where cars and cagers will be entering and changing lanes may save your life! [youtube]5pqGaMpCGQo[/youtube] By Norman Gregory Fernandez, Esq., © 2008

It is Almost That Time Again; May, Motorcycle Safety Awareness Month!

Last year around this time I wrote an article about May being motorcycle safety awareness month, which you can read by clicking here now. Although it is not quite May, 2008 yet, as my fiancé and I get ready to ride to Laughlin, Nevada for the Laughlin River Run ( you can read an article about last years run by clicking here now. ) and with the weather being so good here in Southern California, and Nevada, I know there will be bikers and motorcyclist out riding by the tens of thousands over the next week! Keep it safe people. Motorcycle Safety means inspecting your motorcycle, wearing proper motorcycle riding gear, and riding defensively on the road. Just because I am a Biker Lawyer and I handle many motorcycle accident cases, does not mean that I do not like to have fun out there myself. Yes, I too may give my Electra Glide a bit too much throttle from time to time, and yes I too may take off the helmet while riding in Arizona over the next week, but nonetheless, I will still be careful and cognizant. Bottom line, be safe on your motorcycles ALL OF THE TIME people. The month of May was meant by the NHTSA to make you aware of safety. I say motorcycle safety is a full time gig! By Norman Gregory Fernandez, Esq., © 2008

With Oil Prices Being What They Are I Am Declaring a National Emergency.

No I am not the President of the United States of America. No I am not a United States Congressman. I am just a simple biker lawyer who sees the writing on the wall. The cost of oil is literally going to put us in a great depression and not just the recession we are in now. I wrote an article about a year ago called >We Are Being Raped by the Oil Companies (Monopolies); It is Finally Time to Do Something About it Now!”You can read it by clicking here. Now as I write this article, regular unleaded gasoline is approaching four dollars ($4.00) a gallon here in California, with premium grade already over four dollars a gallon. Diesel fuel is over four dollars fifty cents a gallon, and there is no end to fuel increases in site. Why are fuel prices this high? It is not supply and demand like some would have you believe. It is not the functioning of a free market like others would have you believe. Fuel prices are this high because of a few speculators at the mercantile exchange, and oil companies fixing prices and gouging us at the pump. When will they stop? They will stop when we finally get elected officials in office that will commence investigations to find out what is really going on, ala Enron, and prosecute those that are raping our nation and gouging us in probably the worst scandal in our nation’s history. Demand for oil has not significantly increased since a certain political party took power in the year 2000, what has changed is that oil men took power in 2000. With no shame whatsoever, they take a blind eye to the demise and suffering of our economy and our people, while they and their cronies rape us at the pump. Why are the gas prices as they now exist and continue to increase a national emergency? The answer is that our entire economy is oil based. The necessities of life such as food, clothes, jobs, transportation, heating, cooling, etc., all depends on oil. How do you think the supplies that make up our world get to us? By ship, train, and big rig trucks. As fuel cost increase, so do the shipping cost, which is passed along to us. We have a symbiotic relationship with oil. As the price for oil increases, so do the prices for everything else in our economy. People will lose their jobs and homes as a result of companies downsizing or going out of business because consumers are using their money to line the pockets of oil men, oil speculators, and oil producing nations, instead of using their money to buy other items that keep our economy going. The worst part about what is happening is that the money that is being spent for oil is going into the pockets of a few only. It is time for us as a people to stand up and say; “what the fuck is going on?” You see the news should not be about McCain, Clinton, or Obama. It should be about the oil prices that are the National Emergency right now, and no one wants to talk about it. If nothing is done about fuel prices, what will happen to our nation will make the Great Depression of the 1930’s look like a great time. I say it is time to regulate oil just like utility prices are regulated. The big oil companies and their cronies are going to destroy our nation if we let them. Let someone in power in our government have the balls to stand up to big oil and set the record straight just like we did with Enron. May god bless America. We need his blessing now! Norman Gregory Fernandez, Esq., © 2008

C.H.P. is looking for help in solving the death of a Biker.

***** 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

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