Biker and Motorcycle Lawyer Blog / Blawg

Well the TV series American Chopper is suddenly coming to an end; the last show is this Thursday at 9:00pm EST on the Learning Channel.

Many of you may have read the article I wrote about the Teutul family lawsuit here.

I became aware of the fact that the show was ending when I saw a commercial on TLC announcing that the very last show would be this Thursday. I thought it was kind of odd that Paul Jr. was the one announcing the end of the show on the commercial since he was fired by his dad, (see below) and his is being sued by his dad.

I am sure that most of you know that American Chopper is or should I say, was, a very popular show on TLC about the Teutul family and their building custom motorcycles at Orange County Choppers in New York. The show also showcased some heavy duty family fighting.

I firmly believe it was TV shows like American Chopper, Biker Build-off, Motorcycle Mania, etc., that fueled the Yuppie motorcycle craze of the early 2000’s. Love the shows or hate them, they drove motorcycles into the mainstream, and made them more popular than ever.

Now it is almost impossible to find any of the reality based motorcycle shows that were running throughout the early 2000’s.

I myself was a regular watcher of America Chopper, and had it set to record on my digital video recorder automatically. I did not watch it for drama; I watched it because I thought the custom motorcycle build part of the show was pretty cool. I also watched other motorcycle reality TV shows when they were on. I believe that American Chopper is the last of the genre.

Some people may have thought that the show was BS, but in my humble opinion, it was a good watch, something better than let’s say watching some BS game show.

I have been riding motor powered mini-bikes and motorcycles since my dad put me on one at the age of 4 in 1967. I remember having to kick start (or push start) my motorcycles in the 1970’s, and early 80’s. I have been riding well before the yuppie craze started with motorcycles in the 2000’s.

Nonetheless I have nothing against yuppies. I believe the more people on motorcycles, the better. Anyway, getting back to American Choppers, I wonder if this will spell the end for Orange County Choppers. Who knows? Anyway, I will be watching on Thursday as I am sure will all of you, to see what happens, a bid a farewell to a show that gave me enjoyment.

Now I leave you with a clip of the reality that apparently tore the Teutul family apart, Paul Jr.’s firing. Maybe now these guys can pull their heads out of their asses and be a family again.

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

Motorcyclists are among the most vulnerable motorist on the road. A motorcyclist who is involved in a collision with a four wheeled motor vehicle such as a car, pickup truck, etc., it at a severe disadvantage.

Often times motorcycle accidents result in the death or disability of the motorcyclist. It is not hard to lose a limb, seriously damage internal organs, or to become paralyzed in a motorcycle crash if you are not careful.

Therefore unlike with other motor vehicles, bikers and motorcyclist must adhere to strict safety measures to prevent motorcycle accidents, and to ensure survival if they are in fact in a motorcycle accident.

Motorcycle Safety Tip # 1: Wear a DOT Helmet

I know, I know, many in the biker community say “bullshit” I am not wearing a helmet, yada yada yada. Others wear toy novelty helmets in States where helmets are mandatory.

Research has clearly shown that serious brain injuries and death can be avoided by wearing a good helmet. A very common motorcycle accident scenario is that a rider is thrown off of the motorcycle, landing on, or hitting his or her head. For those wearing a good helmet, a serious head injury can be avoided by simply wearing a helmet. Hell you might have a severe headache if you land on your head in a motorcycle accident, but at least you are still alive!

Low impact head injuries can also be fatal. A recent case was reported when a stationary motorcyclist lost his balance in the driveway, his motorcycle fell over; he struck his head on the concrete driveway, and later died of his injuries a few days later. He died because he did not have a helmet on. The result was tragic and could have been easily averted by simply strapping on a helmet.

A helmet is certainly not an iron clad guarantee that an accident or serious injury won’t happen. However, wearing a motorcycle helmet will certainly improve the chances of survival in a motorcycle accident.

Tip 2: Wear Proper Protective Motorcycle Clothing

Motorcyclists should always wear the proper equipment while riding their motorcycles for protection. The goal is that you not only want a protective layer between you and the elements, but you also want to be clearly visible to other motorist.

Motorcycle accidents can be quite horrendous on the skin. Bikers and motorcyclist can be thrown off of their motorcycles and skid or slide along the pavement. Without protective clothing or footwear, your body can slide unprotected against pavement, concrete, stone, glass, and other dirt and debris on the road, which will literally peel off your flesh, or embed into your flesh. This can have disastrous consequences for you, and cause severe pain and suffering that could have easily have been avoided.

I will admit, in the old days I was not so smart. I would wear a t-shirt with a vest. Now, I am not willing to take a chance simply because I was too stubborn or egotistical to wear proper riding attire.

Tip 3: Stay Sober and Well Rested

Dahhhh. If you are too tired or shit faced drunk, and/or on other mind altering substances, your reflexes and ability to react while riding your motorcycle can be severely impaired.

Motorcyclist should avoid riding when very tired, and regularly take short breaks. Alcohol and Other Drugs can also seriously affect your ability to ride, and should be avoided when riding a motorcycle.

If you think drunk driving in a car is dangerous, drunk riding is at least ten times more dangerous for you on a motorcycle. At least in a car you have some protection. On a motorcycle, there are no second chances. You need to be on your game.

Stay off of the mind altering substances while riding a motorcycle, even one beer can impair you on a motorcycle. Also take frequent breaks to avoid fatigue.

Tip 4: Adhere to Traffic Laws

A significant number of motorcyclists involved in motorcycle accidents are riding without a proper motorcycle license or endorsement. Motorcyclists should ensure that they are properly licensed, and always up to date on their knowledge of local traffic laws. You should obey all traffic laws whenever possible.

Tip 5: Motorcycle Equipment Safety Check and Planning

Motorcyclists should inspect their motorcycles before each ride for loose screws or bolts, tire wear, etc. Motorcycle accidents often occur as a result of mechanical problems.

Plan ahead when riding in a group. Determine your route in advance and ensure that it agreed with the other riders. Review group hand signals, formations, etc.

Tip 6: Continuous Learning and Improvement

A large percentage of motorcyclists involved in motorcycle accidents have had no formal motorcycle rider training. Enrollment in a certified motorcycle training class is a good way to develop basic riding.

Once the basic techniques have been acquired, motorcyclists can improve accident-avoidance skills by taking an advanced motorcycle rider course or advanced program for motorcyclists that teaches defensive riding on your particular motorcycle.

Motorcyclists and bikers have the responsibility to protect themselves as much as possible.

By following these basic safety tips things can and will go a whole lot better for you if you ever go down!

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

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

Michael Murphy, of Riverside California, sometimes encounters a frustrating problem while riding his motorcycle.

"I have many times been stuck at a left turn light controlled, I assume, by the circle cut in the pavement, by a weight sensor, that my motorcycle is apparently not heavy enough to trigger."

He has sat through three or four cycles of the lights changing in all directions without getting a green left-turn arrow for his lane until a car pulls up behind him.

That, he assumes, is "enough to trigger the light."

He wonders whether there's a rule allowing him to turn when traffic is clear after waiting so long.

The answer is No.

Turning left against a red light is illegal in the State of California under any circumstances, and Murphy would risk a ticket, an accident, or worse by doing this.

Light-triggering sensors are supposed to detect motorcycles, however, over time; the sensors can los sensitivity or stop working.

If a motorcyclist encounters this problem at an intersection along a California highway, they can call Caltrans at 1-800-383-4631 to reach a public information officer and report the problem.

Or they could visit http://www.caltrans8.info and report it online. Caltrans will adjust the sensor.

For intersections along local roads, motorcyclists and bikers must contact the appropriate city or county government. Intersections within city limits in most cases are maintained by the city's government.

Not all sensors work according to a vehicle's weight. In fact, most work with a wire that detects changes in a magnetic field triggered by the presence of metal, others may be optical, which function like a very sophisticated motion sensor.

Regardless of the type of sensor involved, which the rider can't determine anyway, motorists can call the streets department with the details of which intersection appears to have a problem. Sometimes traffic signal patterns change when there's construction at an intersection. If a detector loop is cut, the signals revert to a previously set program, and the city must eventually reset it.

To report similar problems on roads owned by Riverside County, call the county's Transportation Department's traffic signal department at 951-955-6894. For those in San Bernardino County, call 909-387-8186.

I myself have had this problem numerous times, not only on my motorcycle, but in my car. I have found that many times moving my motorcycle back and forth will be enough to trigger the sensor, the same has held true for my cars as well.

Let’s face facts, how many of us have been stuck at one of these signals at 2 or 3am, with no traffic, just sitting there like an idiot waiting for a signal that will never change? How many of us have just decided to blow the signal after first ensuring that the coast is clear.

I for one think that motorcycles should be exempted by law from not being able to turn or go on a left arrow or signal if they have waited for than 5 minutes, and the coast is clear. It is obvious that many magnetic sensors just flat out do not detect motorcycles.

Whatever you decide to do, at least now you know the law.

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

Many of our registered users have been seeing spam comments coming from various vendors such as Ugg Boots, Term Papers, etc.

The spam comments read something like “I enjoyed this post,” while putting in a link to their website to increase their incoming links to better their search engine rankings or so they think.

The Biker Law Blog runs on a B2evolution engine that has robust anti-spam and security measures to ensure that this kind of crap does not go on.

In the past I have had to implement moderation of blog comments because robot spammers were inundating the Biker Law Blog with BS comments. I used Captcha in the past, which is a system that requires you to input numbers and letters on a picture to verify that you are a human. The Captcha system made it more difficult for users to post comments, but it was almost 100% effective in blocking the spammers.

With the latest upgrade to our Blog software, Super Guru Ed, programmer extraordinaire implemented a security system with requires you to read a question, and give a proper response before you can post a comment or send a message. It appears that we now either have a few persons out there that do nothing more but post spam comments to Blogs, or they created a robot to bypass the security system.

I have their analytics and have banned these perpetrators, and reported them to the central B2evolution spam list to be banned by all B2evolution blogs. This was a heavy duty thing for me to do, but enough is enough. I got sick and tired of deleting their spam comments every day or every other day, and I am sure our readers also got sick of seeing their spam comments.

Now for legitimate commenter’s

Look we have a huge registered user community on the Biker Law Blog, as well as a huge visitor base. We are getting well over 100k unique hits every month, with about 85,000 hits in the past 15 days alone.

We will approve all legitimate comments, even if you post a commercial URL in your contact info when you do your comment. Hell sometimes I review products, or users have links to other great products, go ahead and post away. What I am looking for is information or comments that add value to the Biker Law Blog community.

We value all of your legitimate comments and opinions!

The readers of the Biker Law Blog do not want to read outright advertisements or BS spam comments just to get you incoming links to your site.

Let’s keep our shit together Cheech, and keep the comments flowing.

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

I am sure that many of you in the motorcycle world have watched the TV show American Chopper. American Chopper is a reality TV show about the company Orange County Choppers. Its stars are the infamous Teutul family; Paul Teutul Sr., his son Paul Jr., and of course Mikey.

Paul Teutul Sr. and Paul M. Teutul had a very public falling out, which was chronicled on American Chopper. In the Season 6 premiere, Paul Sr. and son had a contentious contract dispute, which led to Paul Jr.'s departure from the company. After a brief reconciliation, Paul Jr. left the OCC for good to explore other opportunities. In later episodes, Paul Jr. was seen working as a consultant at Orange County Choppers.

It has been reported that Paul Sr. sent a letter to Paul Jr. exercising an alleged right to purchase Paul Jr.’s share of the stock he owns in Orange County Choppers since Paul Jr. no longer works there.

Paul Teutul, Sr. claims he had a deal with his son, Paul M. Teutul, in which he could buy his son’s stock from the Orange County Choppers Holdings, Inc. motorcycle company.

The father, who appears on the television show alongside his son, sent Teutul, Jr. a letter saying he would be exercising his right to buy the stock.

Paul Sr. apparently has filed the lawsuit to the Supreme Court of New York; however I have not seen a copy of the lawsuit heretofore. He also filed a suit against Orange County Choppers, Inc.

In the lawsuit, he claimed damages in excess of $1 million and is asking for an order from the judge to force his son to give him the stock.

My take on the situation is this; yes I have watched the show for years. It is better than watching some of the other crap on TV I will tell you that.

I have been a businessman since I was in my 20’s, when I first got venture capital to start Daylight Data Corporation in Los Angeles, and am now running a successful California law firm.

Being successful at business requires management expertise, capital, and luck. It appears to me that Paul Teutul Sr. has been a very successful businessman. He started out installing railings; he worked hard and built his business into a metal manufacturing company, and then started Orange County Choppers. He then used the TV show American Choppers as a marketing vehicle to build his successful business.

There is no doubt that his son really did help with Orange County Choppers, however, in the end, it is the businessman who keeps a company going.

I learned in law school that you never want to represent friends or family because you will never do well enough in their eyes no matter the outcome in a case.

You would think family run businesses would be the easiest to run because of the trust factor. Let me tell you, it takes a special kind of family to stick together to run a business. Unlike other businesses where you can hire and fire at will, it is kind of hard to fire your son, or your brother, etc.

It is a shame that the Teutul’s family business relationship has apparently broken down. My personal take on the situation is that Paul Jr.’s head grew too big for his britches. He designed motorcycles, he started making money, he got the big house, he got the nice looking girlfriend, he obtained fame, etc. He started screwing off at work. Not coming in on time. He became unreliable to his father. Above all, he disrespected his father on national television.

Look, I know full well Paul Sr. is an asshole sometimes. Hell, he and my father would get along well if they were too meet. Paul Sr. did not ask anything more of his son, than a son should give to his father and a family owned business.

Without Paul Sr.’s capital, management expertise, and experience, Orange County Choppers would be a non entity. Motorcycle designers and fabricators are a dime a dozen. Paul Jr. could be, and has been replaced. I think Orange County Choppers are putting out there best motorcycles now.

I think Paul Sr. wants nothing more than to have his son’s with him; as sons, not as monsters.

In my honest opinion, Paul Jr. should go to his father, apologize for being an asshole to his father, make amends, and jump back into the family business. Maybe when his money starts to run out he will.

Life is too short and you only get one father in this world. Paul Jr. and Mickey should jump back on the team for the big win, especially for their family.

Good luck to Orange County Choppers in all of their endeavors.

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

*** January 29, 2010 Update - Tomorrow is the big day. My thoughts; Am I crazy for doing this? :) stay tuned.

Well this is my first article of the year 2010. You may have been wondering why I have not posted anything lately; well it has been a hectic month, oh and by the way, I am getting married to my long time fiancé on January 30, 2010. (So long as she signs the 20 something page Prenuptial Agreement:))

First off this has been one hell of a busy month for me as soon as the New Year started.

My law firm handles many types of legal matters. I myself focus on Personal Injury and Family Law matters. My partners and associates handle other types of legal matters. Since the New Year the shit has hit the fan with work; I guess this is a good thing. I am preparing for a major motorcycle accident trial in Northern California, as I also help my other personal injury clients, and family law clients.

As fate would have it, all of this is happening on the month of my wedding. Geez Louise, I had no clue that getting married could be such a friggen nightmare with all of the planning and expenses. I will get to all of this below.

With respect to my bride to be Elizabeth, she is a real dang trooper I will tell you that. She stayed with me through probably one of the longest engagements in history, 9 years.

Heck, we have had our share of problems, and even broke up a few times, for some very short period’s time over the years. In the end, we just could not stay away from each other. We just had to be with each other. Don't ask me to explain because I can't.

How We Met

I met Elizabeth back in early 2001. I used to work out at Bally’s Gym in Chatsworth, CA many times per week. I was what you would call a serious gym rat. When I went to the gym I was very serious about my workouts, and tried to avoid talking to people, because it would interfere with my workouts. For this reason, I would go to the gym late at night about two hours before it closed at around 10:00pm during the week.

At the beginning of my weight lifting day workouts, I used to walk on the treadmill for 5 minutes in the cardio room 3 days per week. On my non weight lifting workout days, I would walk on the treadmill for 30 minutes per day 3 days per week.

While I was walking on the treadmill sometime in the year 2000 or 2001 one day, I noticed a good looking brunette in the mirror, sitting on a recumbent bike machine, peddling slowly, reading a magazine behind me. Since the treadmills were in front of the machine she was on, I saw her by looking at her through the mirror.

It seemed like every day that I went to the gym, I saw this good looking brunette gal sitting on the recumbent bike machine, peddling slowly, reading magazines. She was in my eye as the old saying goes. I noticed that she seemed to know everyone at the gym, many gals and guys would stop by her and talk to her.

I cannot explain it but one day while I was looking at her in the mirror, I knew that we would be together. Mind you, at this point I had never even talked to her, let alone said hello to her. I just knew we were going to be together. Talk about fate; anyway.

One day I got off of the treadmill, and said hello to her as I walked by her. This went on for sometime, day by day. We would just say hello to each other.

Eventually, we started having small conversations. Turns out she is a French Babe, etc. (for those that know me, it is an inside joke :)) I started to really like Elizabeth. At some point I could not wait to see her in the gym. I finally built up the nerve to ask her if she wanted to go out on a date. The rest is history.


Our First Date

When I asked Elizabeth to go out with me on a date, I told her that we would ride my motorcycle to a club in Hollywood. To my surprise she said yes. It takes a special kind of woman to get on the back of a motorcycle. I myself was always petrified to be a passenger on the back of a motorcycle. As it turns out, Elizabeth is a natural. Anyway, getting back to our first date………

When I picked her up for our first date, she looked very nice indeed. She had on some high heel boots, and a nice outfit. She jumped on the back of my motorcycle like she belonged there.

We rode my motorcycle from Chatsworth to Hollywood, CA. During the ride I accidentally brushed my hand up against her leg while she was sitting behind me on the motorcycle. (At least that is what I told her)

When we got to the Rainbow in Hollywood, we shared our first kiss pretty much right after she got off the motorcycle. (I always told her after that date that she was a wild woman!) We had one hell of a fun first date, but I must say that I took my time courting Elizabeth. I was a perfect gentleman with her. That is probably why we are still together after all of this time.

By the way, the day after our first date I discovered that Elizabeth had melted her boots on my brand new Cobra Slash Cut Pipes on the motorcycle. I was sick to my stomach. I spent hours trying get the melted rubber off of the chrome. It never came off.

As it turns out, she had spent hundreds of dollars on those new boots just for our first date. I guess she was looking forward to going out just as much as I was.

Our Engagement Period

Elizabeth has stuck with me through hell and back over the past 9 years. As you can read in many articles on here, she has faithfully stayed by my side and on the back of my motorcycle when most women would say “hell no.” She has ridden on the back of my various motorcycles well over a couple of hundred thousand miles over the years. She has worn my property patch, and been right in the thick of the motorcycle club world even though she is a normie; a normie meaning no experience with the motorcycle world until she met me.

Heck, I remember one time; Elizabeth had some kind of surgery. She was in pain. My brothers were doing the “Halfway Run” up to Fresno, CA. She was supposed to ride in the chase van with one of my brothers, instead, at the first gas stop; she jumped out and got on the back of my motorcycle. She absolutely could not stand not being on the back of my motorcycle. She is that kind of woman. Loyal no matter what.

I have put her through her paces. I would estimate that hundreds if not thousands of bikers and motorcyclist over the past nine years have met Elizabeth as she rode with me to all types of events and biker social settings. Who can forget the time she panicked when we went up on the scissor crane at the Hollister Rally. (She literally freaked out)

When most of my brothers are riding by themselves because their old ladies wanted to stay home, Elizabeth was always behind me on my bike. Anyone who rides with me knows we ride as a team.

She has ridden with me through freezing cold, rain, blistering heat, for thousands and thousands of miles. She is a true shotgun rider and a trooper.

She was even by my side one time when my club was surrounded by another club at the Las Vegas Biker Fest in 2004. She was smart enough to get out of the middle of the circle. The club that surrounded us ending up becoming good friends of mine and we had a late dinner right after the incident. (Luckily one of my brothers put his hand out for a handshake but this is a whole other story)

Elizabeth has been that diamond gal that every man hopes to meet in his life. She is the angel on my shoulder when I want to do something stupid. She gives me encouragement, advice, and pushes me to be my best. The least I can do is marry her right?

As I sit here typing this article, I can literally think of what seems like unlimited times she has been there for me. When I was sick she was there for me, when I had some internet stalkers and whacko’s threatening me, she was there for me, when I expanded my law practice she was there for me. What more can a man want?

Now she is in law school herself. I think we would make a good husband and wife attorney team!

The Pending Marriage

My friends, brothers, and family who know me know that I am not a flashy type of guy. I would be satisfied with a simple wedding in Las Vegas with a few close friends and family.

I do not know what has happened, but my wedding has turned into the Barnum and Bailey circus. Hell, we have the fancy ceremony and reception location, all of the dang planning involved in that. Invitations, photographers, DJ, Officiant, Dress, Tuxedos, cake, guest list, diamond rings, flowers, this and that, even a dam cake topper and serving set.

This is going to probably be one of the fanciest dang weddings of 2010. Our guest list is huge.

Guess who has to pay for all of this?

Hell I told Elizabeth, “I could buy a new top of the line Harley Davidson Touring Motorcycle for cash with what this damm wedding is going to cost me." "I should just get the Harley."

Then again, looking at her pictures above, I think she is worth it :)

So what can I say in 16 days, 6 hours, and 52 minutes as of the writing of this article, I will tie the knot; Mazeltov.

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

Below is a summary of new laws for the State of California for 2010. Most will be going into effect on Friday morning.

Remember you are deemed to know the law; ignorance of the law is no excuse for violating it.

AB 9 (J. Perez) - Political Reform Act: FPPC - this law clarifies what constitutes improper campaign activity by a local government or agency during an election for a candidate or initiative.

AB 14 A motor vehicle can be declared be a public nuisance and impounded for up to 30 days when the motor vehicle is used in the commission of specified crimes related to prostitution.

AB 58 Now an Infraction to participate in a betting pool with less than $2,500 at stake.

AB 91 New "Ignition Interlock Device" Law requires first-time DUI offenders to install a device in their vehicles in a test program in Alameda, Los Angeles, Sacramento and Tulare counties.

AB 144 (Ma) - Last year in San Francisco, law enforcement confiscated over 1,000 illegal disabled placards. The widespread abuse has not only taken away parking opportunities for people who really need them, but has also exacerbated the difficult parking environment in San Francisco. The current penalty is a $100 fine.

AB 144 not only increases the fine for fraudulent use to $1,000, but also gives parking control officers the ability to cite violators. Currently, only police officers have the ability to cite violators in many instances.

AB 166 (Lieu) - Creates a cost-effective solution to deal with the growing number of abandoned boats in California's waterways. The bill will establish a vessel turn-in program that permits boat owners to transfer ownership of their dilapidated vessels before they become an environmental hazard.

AB 171 (Jones) - Establishes basic consumer protection standards governing credit cards and loan products that are arranged in dental offices. The law is designed to protect elderly, low-income or limited-English-speaking dental patients who unwittingly signed credit card applications. The new law prohibits arranging credit while patients are under anesthesia, requires notice in the patient's primary language, and requires refunds if dental services have not been provided within 15 days.

Read more »

You are driving alone in your car, you are thinking about the holiday season or some other event, you come to a stop, and then wham – some idiot has just rear ended you.

You neck jerks back, and then forward, your body hits the seatbelt going across your body. You are shocked. You did not imagine that a mild rear end car accident would sound so loud, or violently jerk your body like it did.

You heart starts racing as you realized what happened. You may not feel pain yet because your body is producing chemicals which mask pain, or your may feel mild pain or stiffness at this point.

You head feels light as you unbuckle your seat belt and get out of the car. The person who hit you is a nice clean cut guy or gal. They run over to you apologizing greatly about how sorry they are, and that they did not mean to hit you.

They offer to pay for the damage to your car, sometimes on the spot. They usually have the same story; they do not want to get their insurance involved because their rates will go up, or their spouse will get upset, etc.

You empathize with the person who hit you; you know that they are required to exchange insurance information with you, but they are so nice, and they are offering to pay, you actually feel bad for the person who hit you. They are talking a good game. They give you a $100 or $200. You go on your way; later that night you realize that you cannot turn your neck and you have the worst headache in history. It turns out that you are going to miss work for a couple of weeks recovering.

You find out later that you have $3,000 damage to the back of your car.

What have you done; you screwed yourself out of thousands of dollars in just compensation that you were entitled to because you let an accident scammer and con artist talk you out of doing what was right.

Make no mistake about it; there is no way to know right after a vehicle accident what your damages are. I have seen people who thought they were not injured after an accident, turn up with shooting pains a numbness hours later, they had nerve damage.

The California vehicle code requires all persons involved in a vehicle accident to stop after an accident, and to exchange identifying information and insurance information. You can be nice after an accident, but firm at the same time.

The first thing you should do is to call the police if you can, and then ask the other party to produce their driver’s license and insurance information. Ask them if the address on the license is current, and request their phone number.

If they try to play the same old con I discussed above simply tell them, look the law requires that we exchange information and I cannot take a chance on getting in trouble, can you please give me your drivers license and insurance information? If they refuse, tell them that you have already called the police.

Make sure that you note the model and make of their car along with the license plate information.

The vast majority of persons out there will comply with the law. However, there as those few asocial assholes that will try to scam and con their way out of not being responsible when they cause harm. Don’t let yourself be a double victim by being injured by them, and then turning around and letting them get off for a few hundred dollars.

If you have been the victim in a motor vehicle accident anywhere in California, call my firm ASAP for a free consultation at 800-816-1529 x.1, or go to http://www.thepersonalinjury.com .

By California Motor Vehicle Accident Attorney and Lawyer Norman Gregory Fernandez, Esq., © 2009

A suspected dui-related motorcycle crash northeast of Bakersfield has killed one person on this Christmas 2009.

The Highway Patrol says the person killed was a passenger on the motorcycle, and was airlifted to Kern Medical Center. However, that person did not survive the injuries from the motorcycle accident.

It happened just after 4:30 p-m on Granite Road at Round Mountain Road. Investigators say the driver of the motorcycle was heading east on Granite Road and lost control. Both the driver and the passenger were thrown from the bike. The driver of the motorcycle hit a fence, the passenger hit a pole. "The passenger sustained fatal injuries and the driver sustained moderate injuries. In the early stages of the investigation it appears that alcohol is related," said Sgt. Jeff Crosswhite, California Highway Patrol.

The Highway Patrol says both were wearing helmets. The driver was also taken to Kern Medical Center with moderate injuries. Officers say the driver may have felony dui as well as manslaughter charges.

This is a horrible accident that did not have to happen. I will say this very clearly; IF YOU HAVE HAD ALCOHOL DO NOT RIDE A MOTORCYCLE PERIOD. IF YOU ARE A PASSENGER, DO NOT GET ON A MOTORCYCLE WITH A RIDER WHO HAS BEEN DRINKING PERIOD.

Alcohol and motorcycles flat out do not mix. Hell you need to be on your game sober to ride safely. Can you imagine how dangerous it is to ride after drinking?

If you or a family member have been the victim of a motorcycle accident, or you were a passenger injured in a motorcycle, or you have had a family member killed in an accident call my law firm ASAP for a free consultation at 800-816-1529 x. 1 or check out my website at http://www.bikerlawyer.net .

By Bakersfield Motorcycle Accident Attorney and Lawyer Norman Gregory Fernandez, 2009

Touring Safety Recall Campaign 0141

Summary:
Harley-Davidson is recalling certain model year 2009 and 2010 touring family motorcycles, including CVO touring and trike products, manufactured from June 6, 2008 through November 19, 2009. The front fuel tank mounts may distort in reaction to severe frame damage from a frontal collision. This condition may cause a fuel leak at the weld of the front bracket to the tunnel.

Consequence:
A fuel leak in the presence of an ignition source may result in a fire, which could lead to injury or death to the rider.

Remedy:
Dealers will install a left and right brace, which are intended to reduce front mount distortion during certain crash conditions. This repair will be performed free of charge. The safety recall is expected to begin on or about December 14, 2009. Owners may contact Harley-Davidson at 1-414-343-4056.

Notes:
Owners may also contact the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to http://www.safercar.gov.

Model: Model Designation: Model Years:
FLHP Electra Glide® Standard Police 2009-2010
FLHPE Road King® Police (CA) 2009-2010
FLHR Road King® 2009-2010
FLHR SHRINE Road King® Shrine 2009-2010
FLHRC Road King® Classic 2009-2010
FLHT Electra Glide® Standard 2009-2010
FLHTC Electra Glide® Classic 2009-2010
FLHTCU Ultra Classic® Electra Glide® 2009-2010
FLHTCU SHRINE Ultra Classic® Electra Glide® Shrine 2009-2010
FLHTCU w/sidecar Ultra Classic® Electra Glide® w/sidecar 2009-2010
FLHTCU4-CVO CVO™ Ultra Classic® Electra Glide® Japan 2009
FLHTCUSE4 CVO™ Ultra Classic® Electra Glide® 2009
FLHTCUSE5 CVO™ Ultra Classic® Electra Glide® 2010
FLHTCUTG Tri Glide™ Ultra Classic® 2009-2010
FLHTK Electra Glide® Ultra Limited 2010
FLHTP Electra Glide® Standard Police 2009-2010
FLHX Street Glide® 2009-2010
FLHXSE CVO™ Street Glide® 2010
FLHXXX Street Glide® Trike 2010
FLTR Road Glide® 2009
FLTR3-CVO CVO™ Road Glide® (Japan) 2009
FLTRSE3 CVO™ Road Glide® 2009

Below is a letter that Harley Davidson is sending out to owners of the affected models:
Dear Harley-Davidson Motorcycle Owner:

This notice is being sent to you in accordance with the requirements of the National Traffic and Motor Vehicle Safety Act.

Harley-Davidson Motor Company, Inc. has decided that a defect which relates to motor vehicle safety exists on certain model year 2009 and 2010 Touring family vehicles including CVO touring and Trike products) built June 6, 2008 through November 19, 2009. On these vehicles, the fuel tank front mounts may distort in reaction to severe frame damage from a frontal collision. This condition may cause a fuel leak at the weld of the front bracket to the tunnel. A fuel leak in the presence of an ignition source may result in a fire, which could lead to injury or
death of the rider.

Our records indicate that you purchased one of the affected motorcycles.
We strongly urge you to contact your dealer to make arrangements to have the appropriate service performed as soon as possible.

Please contact your authorized Harley-Davidson motorcycle dealer immediately and arrange an appointment to have your motorcycle repaired. Your dealer will install a left and right hand brace, which are intended to reduce front mount distortion during certain crash conditions. Actual dealer labor time to perform this service will be less than one hour; however, due to scheduling, the dealer may require your motorcycle for a longer period of time. The parts and labor will be free of charge to you.

To verify that the service has been completed, your dealer will ask you to sign a recall claim. If you have sold your motorcycle, please forward the appropriate information about your purchaser. This will enable us to contact him/her and advise that person of this recall. Also, Federal law requires that any vehicle lessor receiving this recall notice must forward a copy of this notice to the lessee within ten days.

If you have had this defect repaired before you received this letter, you may be eligible to receive reimbursement for the cost of obtaining a pre-notification remedy of the problem associated with this recall. For more information contact Harley-Davidson at 1-414-343-4056. Should you choose to ride your motorcycle prior to this service, we urge you to be aware of this condition.

If you take your motorcycle to your dealer on a mutually agreed upon date and they do not perform the required service to your satisfaction, please contact Harley-Davidson Motor Company, Inc. for immediate assistance at the address or telephone number listed on this letterhead. If your dealer or Harley-Davidson Motor Company, Inc. fails or is unable to remedy your motorcycle without charge within a reasonable time, you may wish to inform the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590, or call the toll-free Auto Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153); or contact NHTSA at http://www.safercar.gov.

We regret any inconvenience this may cause you, but we are initiating this action in the interest of your personal safety and satisfaction with our products. Thank You for your cooperation.

Sincerely,
Harley-Davidson Motor Company, Inc.
0141

If you have been injured as a result of the above defect call my office immediately at 800-816-1529 x.1 or you may go to my website at http://www.bikerlawyer.net .

By California Motorcycle Lawyer and Motorcycle Attorney Norman Gregory Fernandez, Esq., 2009

I thought I would get your attention. As you all know this is the Biker Law Blog, and I usually discuss all things motorcycle here since I am a California Biker Lawyer.

Well, many of you know I also do all types of Bicycle accident cases in the State of California as well. You did not think that Biker only meant motorcycles did you?

I ran across this wild story about a guy who invented an electric robot to pedal a bicycle instead of powering it from the sprocket like most mopeds or powered bicycles.

Take a look at the above picture. That thing on the back seat is the Robot Joules, which is the actual electric engine on the bicycle. It looks kind of crazy but that thing can pedal the bicycle to about 30 miles per hour.

Below is a link to the article in Popular Science and a video of the Robot in Action. I sure would like to ride down the street with this thing!

The inventor has the robot tuned down to a manageable 90 rotations per minute, however the robot is capable of peddling as fast as a world class bicycle rider.

This thing is awesome. I would love to take this thing on the bike path in Venice Beach. I know this thing would draw lots of attention, especially from the beautiful gals. :)

I Check out the Popular Science article below.

Click here to go to the article and details about this Robot in Popular Science.

By California Bicycle Accident Attorney and Lawyer, Esq., © 2009

When you hear the term “Tort Reform” realize they what you are really hearing is a call to take away your legal right to get compensation when you are injured due to the negligence of another, to protect big business, the insurance companies, the big pharmaceutical companies, and big medicine; as though they are not rich enough.

You will be the only one getting screwed with tort reform; mark my words.

I hear a certain political party constantly preaching about tort reform this and tort reform that in a way to demonize personal injury attorneys as the fall guys for excessive costs of medical care, insurance, and everything else you can imagine.

You see they like to blame attorneys for taking on big business, the insurance companies, the big pharmaceutical companies, and big medicine, when they screw up and harm you.

Hell, 99.9% of the time, we are the only way you are going to be compensated when you are harmed due to the negligence of big business, doctors, pharmaceutical companies, or big insurance companies.

You don’t hear members of this political party telling you this do you?

One thing they don’t tell you is that since the 1970’s, there has already been a cap on general damages in medical malpractice cases of $250.000 in the State of California.

This means that if a doctor screws up and let’s say cuts out your only good kidney, or let’s say misdiagnosis an illness like cancer, you only get $250,000 for general damages in the State of California. Does this seem right to you? Hell no!

The laws of the State of California basically protect doctors from their negligence and the laws have done so since the 1970’s. States such as Texas have in the past couple of years, recently enacted their own tort reform laws. My understanding is that in Texas there is a $750.000 cap on general damages.

California is way behind the eight ball in this regard; we can only get $250,000 for general damages. It is time to either remove the cap in California or to increase it to reflect the inflation that has occurred since the 1970’s.

Look if you are the victim of medical malpractice, how much would the pain and suffering, loss of enjoyment of life, and emotional distress be worth to you if let’s say a doctor screws up and cuts off the wrong leg, or even caused the death of a loved one?

Do you want some law to prevent you from recovering from your loss? This is tort reform. It is time to get educated folks and stop believing those talking heads who pocket big bucks from those who would save money with tort reform.

This is the essence of tort reform; it is taking away your legal rights, to protect a class of persons or corporations from the harm that they cause by limiting what you can get from them if they screw up your life.

You will see that one political party preaches about less government, and less regulation and intrusion, and they in the same breath will argue to regulate your legal right to obtain compensation as an individual when you are harmed. Who are they protecting? Big business, big medicine, insurance companies, everyone but you. These people are full of shit.

It does not matter what political party you are from when your life gets turned upside down in a personal injury case does it. In the end we are all the same; when we are sitting on our couch injured and hurting due to the negligence of another, all we want is to get better, to get compensated, and to get our lives back. Tort reform prevents this. This is what pundits do not tell you.

These are the same guys that are saying that providing medical coverage to millions of Americans, and prohibiting insurance companies from denying you coverage for pre-existing coverage is a bad thing. These guys are despicable.

It is time to expose the lies America. Tort reform is against your interest and your freedom as Americans.

This is another way to screw the little guy and protect those who are already making a fortune at your expense!

It is time to become educated folks. I am on the front lines of this fight on a daily basis. Any one of you could be sitting in my office looking for help for your personal injury case; you never know. What you should know is tort reform is bad for you; it is bad for all of us.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009

I am sure that motorcycle security is a hot trigger type of issues with all bikers and motorcycle riders.

Writing this article has elicited some severe anger on my part. Luckily I myself have not been the victim of someone stealing my motorcycle. Although back in the day when I lived in Hollywood, California, I had someone vandalize my motorcycle by cutting the straps of my saddlebags to open them instead of just unhooking the fasteners. The car that my motorcycle was parked next to was torn apart by the vandals.

God help the person that I catch fucking with my motorcycle; anyway……….

I have heard many reports of motorcycle thefts from friends, clients, and readers of the Biker Law Blog. I have also heard of reports of excessive motorcycle theft at specific biker hangouts, rallies, bars, etc., but I will not name these places here for legal reasons.

Another trend in motorcycle theft is scumbags stealing parts off of your motorcycle while it is parked somewhere. There are scumbags who will steal your seat, and bolt on items as it is sitting somewhere.

There are many types of motorcycle safety devices; alarms, locks, chains, cables, disk locks, immobilizers, motion sensor alarms, GPS tracking devices, ground anchors, etc. that are presently on the market.

Here is a video from the UK that shows just how fast a thief can get through a chain or cable.

Here is a video from the UK shows how to secure your motorcycle.

I myself use a Harley Davidson security system on my Electra Glide, alarm disk lock, and the stock fork lock when I park my motorcycle. If my motorcycle is moved, the alarm will go off.

In the end, a determined thief and scumbag will take your motorcycle if they want it. The most important thing that you can do is to make sure that you have adequate insurance to cover your motorcycle in case of theft or loss. Make sure that you have accessory coverage that insures not only the fair market value of your motorcycle, but all of the aftermarket accessories and customization you have done to your motorcycle.

If any of you have some motorcycle theft prevention tips that you would like to share with our readers, feel free to post your comments below.

By Biker Lawyer and California Motorcycle Accident Attorney Norman Gregory Fernandez, Esq., © 2009

As I type this article I am thinking about the many motorcycle accident victims, the motorcycle passenger accident victims, the car accident victims, the truck accident victims, the slip and fall victims, and other personal injury victims whom I represent all over the State of California.

The life of a personal injury attorney is not easy, especially when you care about your clients.

I just got back from Redding, California where the deposition of one of my motorcycle accident clients took place. His life has been utterly devastated by a rear ender motorcycle accident. As a fellow biker I truly feel for him. I saw the tears well up in his eyes as he described how the motorcycle accident ruined his life in the deposition.

In the San Francisco airport on the way home, I spoke to the brother in law of a man who was killed while riding his Honda Goldwing, when a woman decided to turn right in front of him. His family is devastated. All he was doing was riding his motorcycle.

As I got in my car at the Los Angeles International Airport, I was informed by my staff that we finalized a very large settlement for a client who suffered massive injuries when a cager turned in front of his motorcycle in the San Fernando Valley.

While sitting in traffic on the way home after hours, I consoled a client who was massively injured in another motorcycle accident in the San Francisco Bay Area.

In my firm the above is the tip of the iceberg and only describes a little about what I do on a daily basis.

My job and my career as a personal injury attorney is to help those who are injured, and those whose family members have suffered a wrongful death. I help people on a daily basis.

While most people celebrate the holiday’s and are oblivious to the suffering of some, there are many out there who are not so fortunate.

I would like to send prayers out to all of my personal injury clients during this holiday season. This may sound corny, but I feel your pain, I suffer with you, I will endeavor to see that you get the very best medical attention; I will do everything in my power to get you the compensation you deserve. You are not alone.

Happy Holidays from the Law Offices of Norman Gregory Fernandez & Associates

As all you Californians know, we have had a series of bad storms over the past week. Now this is nothing new to Northern Californians, but Southern Californians are definitely not used to the rain and snow.

There have literally been hundreds of car, truck and other motor vehicle accidents over the past week all over the State of California. Everybody is blaming the bad weather, but in 99% of all cases, the fault is on drivers who were not being careful while driving in the bad weather.

Everyone needs to be careful out there on the roads. I flew in to Los Angeles International Airport last night from San Francisco. Although it was not raining in Los Angeles, the traffic was horrible because of the rain earlier in the day. There were still your ubiquitous assholes on the road, not letting people switch lanes, tailgating, driving recklessly, you name it.

To protect yourself against the bad drivers you need to make sure that you have uninsured motorist coverage and under insured motorist coverage in a decent amount to protect yourself against these bad drivers with bad insurance.

If you are hit, the first thing you need to do is make sure you get a police report, go to the emergency room if you need it, and call me for a free consultation on your car, truck, or any other motor vehicle accident, anywhere in California, at 800-816-1529 x. 1. As all of my clients all over the State of California know; I am an attorney that cares about my clients. I will do what I can to take care of you.

By California Accident Attorney Norman Gregory Fernandez, Esq., © 2009

Lake Elsinore – CA

Here we go again.

A 50-year-old man from Newport Beach was killed when a Toyota Corolla slammed head-on into his motorcycle and he was thrown, a CHP officer said today.

Robert Grice Jr. was pronounced dead at the scene of the crash, reported about 8:45 a.m. Sunday on the Ortega Highway, about a mile east of the Orange County Line.

Grice was riding his Ducati Demosedici east on the Ortega when a Corolla traveling west swerved to the left and struck Grice’s motorcycle, according to California Highway Patrol Officer Ron Thatcher.

This is flat out negligent homicide. I am tired of hearing about cagers killing bikers and motorcyclist.

As many of you have read, another biker and motorcyclist Martin Allen Lacy was killed in a similar fashion by a girl who crossed into his lane.

I say it is time to start enforcing the laws that we have on the books regarding this wanton disregard for human life. These people need to be taught a lesson. Kill a biker, go to jail.

If you or a loved one has suffered a motorcycle accident due to the negligence of another, anywhere in the State of California, feel free to call my firm 7 days a week, 24 hours a day for a free consultation at 800-816-1529 x. 1.

By Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, 2009

I was talking to a new motorcycle accident client this weekend, who was riding a motorcycle, when he was taken out by a negligent cager who turned left in front of him, while he was riding on the street; or at least that is what he has been told. You see, he does not remember what happened to him, he was knocked unconscious in the accident. He was in a coma for a day, suffered a broken nose, and broken teeth among other injuries.

He retained my firm to handle his motorcycle accident case, and I am now his attorney. We have had several lengthy discussions about his case and riding motorcycles in general.

We were discussing the subject of him being entitled to recover for emotional distress in his case, and how motorcycle accident victims usually suffer from post traumatic stress after being involved in a motorcycle accident. He mentioned that because of this accident, he may not want to ride his motorcycle ever again. As a fellow biker and motorcycle rider, I can relate to what he was saying. Unlike some other poser attorneys and lawyers, I ride just like you do. I feel his pain.

In the end, bikers and motorcycle riders unlike people in cars are completely exposed to the elements when they are in a motorcycle accident. They do not have a car to protect them in an accident. All that stands between a biker and motorcycle rider and the pavement is what they are wearing, and maybe a helmet. An accident which might not cause injuries in a car can and sometimes are catastrophic on a motorcycle.

My new client learned this lesson first hand, the hard way. Many of my motorcycle accident clients report that they have serious thoughts of hanging it up and not riding anymore after their motorcycle accidents. I myself have even thought about hanging it up (for about a minute) after my minor motorcycle accidents.

There is an old saying; it is not a matter of whether you are going to go down, it is a matter of when. I myself have been very lucky with only a few minor accidents.

I will be frank; I deal with motorcycle accident cases on a daily basis. In some of these accidents, my client's are totally messed up. It does kind of wear on me psychologically.

Sometimes while riding, I will think about my clients; it does sometimes make me nervous and more careful. However, luckily that feeling usually goes away after a few minutes in the wind.

I feel that my experience as a motorcycle accident lawyer and attorney, along with my own experiences riding motorcycles for many years make me a better and safer rider.

I myself could never imagine not riding my motorcycle.

However, with that being said, my client is seriously thinking about hanging it up. I have had many motorcycle accident clients decide to not ride motorcycles again, whether it was because of the emotional aspect of realizing that when the meat hits the pavement, the pavement always wins, or that they were physically unable to ride anymore because of their injuries, or that they did not want have to deal with a potential catastrophic injury if they did not have to. They are spooked.

Look, although I can never see myself ever not owing a motorcycle and not riding, my attitude is this; if you mentally feel like you should not be riding motorcycles, then you should not be riding motorcycles. It could happen to me and I will accept it if it does, reluctantly. There are many guys on the road right now that should not be riding motorcycles.

Every human being that has been involved in a motorcycle accident will always feel nervous the first time they get back on the motorcycle. If you say that you have had an accident, and were not nervous or more cautious when you got back on for the first time, you are full of shit.

Hell I had to lay a motorcycle down in Palm Springs, California because some idiot decided to cut right in front of me. It was low speed, but it was fast enough for sparks to come off of my bike and for me to suffer minor road rash on my side and feel a decent amount of pain. All of this happened in front of at least 50 or more riders on motorcycles. I was leading the pack.

I was able to get back on and continue to lead the ride even though I was in pain and injured. In my case, I was embarrassed, and hurt, but since my motorcycle was still rideable, (I had a broken mirror, bent handlebar, broken flood light, broken highway peg, bent crash bar, broken windscreen, etc.) it was a relatively low speed accident. During the ride after the accident, I was nervous as hell. It is kind of like getting back on a bucking bronco after being thrown.

I am no superman; far from it. Everyone is different. Riding a motorcycle is unlike riding a car; a motorcycle rider is connected to his or her motorcycle, not in it like a car. You have to be mentally there to be safe.

If you feel like you should not be riding motorcycles anymore, then you should not be riding. Maybe you should take a break for a while. I guarantee you that the urge to ride will come back to you. Whether you should ride again is another matter.

Your mind will usually tell you what the right thing to do is. Follow your gut, it is usually right. Do not let peer pressure influence your decision.

I will see you all on the road.

By Biker Attorney and Motorcycle Accident Lawyer Norman Gregory Fernandez, Esq., © 2009

Tiburon - California

Tiburon is a small town kind of place, with a small town kind of atmosphere. It is the kind of place where you get the feeling that everyone knows everyone else.

When one wanders through its little streets, just north of San Francisco, one gets the sense that a few of the residents, on seeing someone who appears not to be from around those parts, reach for their handkerchief and hand sanitizer.

How can one, therefore, be surprised that a meeting of the Tiburon Town Council voted on Wednesday by 4 to 0 to install cameras to photograph every single car that enters or leaves this little Disneyland? So much for the right of privacy eh?

The San Francisco Chronicle reported that this may be the first community in the country to have defended itself with cameras in such a way. The idea is to photograph the license plates of every car that treads Tiburon's hallowed roads and compare the information with the police's list of the stolen and nefarious.

The Tiburon police chief, Michael Cronin, told the Chronicle: "I think it makes the community safer."

The Tiburon police--inspired, perhaps, by Google--promise that the information will be kept for only 30 days. Yea like we really believe him.

The strange thing is that Tiburon, a northern suburb of San Francisco, isn't exactly Oakland. It doesn't enjoy high crime figures. Indeed, some might say that the most criminal elements in the place are to be seen on the racks of its clothes stores.

The town is fortunate, however, in that it is on a peninsula, from which there are only two roads. So the total cost of putting up six cameras is estimated to be no more than $200,000, which works out at something near $20 per resident. (Tiburon residents enjoy, by the way, a median income somewhere above $125,000.)

I know there will be some who believe you can never have enough security cameras in this heinous and half-witted world. But perhaps some will worry that the police might make rather instinctive judgments about the provenance of certain cars and their intentions.

Others will wonder whether this decision might affect businesses in Tiburon. Still others will ponder whether the police might be willing to offer a Web site showing the movements of all its officers.

I merely wonder how many people, knowing they might have to go to Tiburon for a meal of organic Kobe beef, rosemary ice cream, and plenty of Stags Leap cabernet, will choose to remove their front license plates. You know, just to be on the safe side.

I for one think that it is un-American for any town in this nation to photograph every single car that enters or leaves a town. This is something you would expect from a communist country of some fascist country; not America.

I for one think that unless Tiburon changes its policy, I will not be spending my money in this town. I choose to not support what they are planning on doing. This is a bad trend.

Beware going to or leaving Tiburon, California, big brother is photographing you.

San Francisco California Motorcycle Accident Attorney and Biker Lawyer

The consummate Biker Song of all time! I do not know about you, but this song sure does get my dander up for a ride!

California Motorcycle Accident Attorney and Biker Lawyer

VICTORVILLE - California

A motorcyclist died Monday afternoon (11/9/09) after he lost control while doing a wheelie in a residential neighborhood and slammed into a tree in front of a home, officials said.

The rider was westbound in the 16200 block of Nisqualli Road around 1 p.m. when he hit a curb, lost control and veered in and out of the street, according to witnesses and Sgt. John Emmens, of the San Bernardino County Sheriff’s Victorville station.

Ramiro Barbosa Jr. said he saw the rider pop a wheelie at Fourth Avenue and Nisqualli Road. He attempted a stand-up-wheelie but failed. He tried again, but on the second try he popped up and lost control, Barbosa said.

The motorcycle went into a “speed wobble,” ejecting the rider who was hurled into a tree head-first. The Kawasaki Ninja sport bike then struck a chain link fence causing the vehicle to cartwheel before coming to rest four houses away, witnesses said.

Witnesses reported the 23-year-old man was traveling anywhere between 75 to about 100 mph.

Officials closed Nisqualli Road between Fourth and Sixth avenues as the Major Accident Investigation Team looked into the crash.

Resident Gabriel Madrigal said he had seen the same motorcycle doing stunts along the street on almost a nightly basis. Others stated the man lived in the neighborhood, but his identity was not immediately released.

Madrigal and neighbor, Ray Williams, heard the loud crash while they were in Williams’ garage. They came outside to find the motorcycle in Williams’ neighbors’ driveway.

“It didn’t hit anything but that chain link fence,” Williams said. “It’s pretty amazing.”

Sport bikes make up 14 percent of the total number of registered motorcycles in California for 2008, but account for 38 percent of all motorcycle-related deaths on the state’s highways, according to the California Highway Patrol.

I have said in many articles that if sport biker motorcycle riders want to do stunts on their motorcycles, they should take it off public roads and onto private property. Had this young man not been doing wheelies on the street he probably would still be alive.

Not only did this young man die, but I wonder how many of the people who either witnessed this accident or heard about it now have a negative view of bikers and motorcyclist as a result?

This did not have to happen!

Victorville Motorcycle Accident Lawyer and Biker Attorney

STOCKTON - California

The Police Department will hold checkpoints tonight and Saturday to catch drunken drivers.

The checkpoint starts at 6 p.m. and continues until 2 a.m. It will be set up in the area of Roosevelt Street and Wilson Way. On Saturday, the checkpoint will be at March Lane and Holiday Drive during the same hours.

Staffing at the checkpoints is paid for by a grant from the state Office of Traffic Safety.

Police earn grant for traffic patrols

STOCKTON - California The Police Department again this year has been awarded a grant for special traffic enforcement, which will be carried out throughout the year.

The $352,000 grant from the state Office of Traffic Safety is to fight alcohol and drug-impaired driving, and to reduce fatal and injury collisions resulting from both.

This year, the grant will fund additional enforcement of motorcycle safety. In 1998, 204 motorcyclists in California were killed in traffic collisions; that number rose to 560 in 2008.

The Stockton Police Department's efforts will include additional patrols and strenuous enforcement of traffic violations associated with collisions involving motorcycles.

Stockton California Motorcycle Accident Attorney and Biker Lawyer

George Washington once said:

Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.

Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC") consolidates the voices of consumer attorneys throughout the state to (1) preserve and protect the constitutional right to trial by jury for all consumers, (2) champion the cause of those who deserve redress for injury to person or property, (3) encourage and promote changes to California law by legislative, initiative or court action, (4) oppose injustice in existing or contemplated legislation, (5) correct harsh, unjust and oppressive legislation or judicial decisions, (6) advance the common law and promote the public good through the civil justice system and concerted efforts to secure safe products, a safe workplace, a clean environment, and quality health care, (7) uphold the honor, integrity and dignity of the legal profession by encouraging mutual support and cooperation among members, (8) promote the highest standards of professional conduct, and (9) inspire excellence in advocacy. This post is a multi-blog effort to inform consumer attorneys about CAOC's value and encourage participation in CAOC through membership.

CAOC works tirelessly to protect or advance those causes of import to consumers and their attorneys in California. Often those efforts, though valuable, receive little fanfare. For example, CAOC recently sponsored SB 510, which affects the re-sale of what are known as "structured settlements," in which victims receive financial compensation over a period of time for medical expenses and basic living needs, as determined by a jury. Before SB 510 was signed by the Governor, Courts expressed frustration at their inability to prevent the sale of structured settlements on terms that might ultimately lead to long-term financial hardship for the victim. Now, SB 510 gives judges the information they need to make a reasoned decision about the propriety of a structured settlement sale.

Measures like CAOC-sponsored SB 510 help protect the most vulnerable members of our society and ask for nothing in return. They exemplify the spirit of CAOC. However, CAOC is only as effective in its mission as its membership allows it to be. When consumer attorneys join the ranks of CAOC, its voice gains in power and clarity. But if consumer advocates sit on the sidelines, hoping to benefit from the work of others, CAOC is stretched thin, and we are all at risk as a result.

Now, consumer advocate bloggers from across the state are combining their voices to call upon each and every lawyer and firm that regularly represents plaintiffs to join CAOC, thereby strengthening the consumer's first line of defense. The blogs participating in this unified call to action are:

• California Personal Injury Law Blog (Norman Gregory Fernandez)
• Biker Lawyer Blog (Norman Gregory Fernandez)
• The Complex Litigator (H. Scott Leviant)
• The UCL Practitioner (Kimberly Kralowec)
• Bailey Class Action Daily (Matt Bailey)
• California Employee Rights Blog (James J. Peters)
• An Appeal to Reason (Donna Bader)
• TrialLawyerTips.com (Mitch Jackson and Lisa Wilson)
• San Diego Injury Lawyer Blog (Ross A. Jurewitz)
• San Diego Car Accident Lawyer Blog (Ross Jurewitz
• California Nursing Home Abuse Lawyer Blog (Walton Law Firm LLP)
• San Diego Injury Law Blog (Walton Law Firm LLP)
• California Credit Law (Mark F. Anderson, Carol Brewer & Andy Ogilvie)

Show your support of consumers' rights by joining and supporting CAOC. Together we can make an impact that we cannot make alone.

California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

*** 11/14/09 Update - Since I posted this video, embedding has been disabled. You will need to press the watch on youtube link within the button to watch the video. That sucks!

Here is a video from the movie Easy Rider. Every biker that I know of will be able to relate to this video. We all may ride different types of motorcycles. However in the end, this is what it is all about.

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

From the Biker Law Blog, I would like to wish all of our nation’s veterans a happy Veterans Day.

Veterans Day is a day to honor all of those of who have served in our nations armed forces. Thank you all veterans of the Army, Navy, Air Force, Marines, and the Coast Guard.

I myself served in the Air Force and then the California Air National Guard.

I was recently at an event in another State where there was a Marine official function going on. I saw our proud marines all dolled up in their dress uniforms with their medals on. They looked real young. I got a bit choked up as I thanked them for their service. It appeared to me that all of these young men are veterans of the current war going on.

There is a war going on right now; young men and women are fighting and dying for our freedom as I type this.

This is a day to honor our nation’s veterans and our nation’s heroes.

May god be with you, and god bless America.

By Norman Gregory Fernandez, Esq.

**** December 24, 2009 Update - The U.S. Senate has voted to reinvent the nation's health care system, passing a bill to guarantee health insurance for all Americans and rein in health care costs as proposed by President Obama. Now all that needs to happen is for the House and Senate to reconcile their bills. This thing looks like it will actually happen. No more denying coverage for pre-existing conditions, no more cancelling coverage when people need it the most. This is a good thing.

****December 19, 2009 Update - It appears that the United States Senate is on the eve of passing a historic bill that will revolutionize health care in this nation. Many of the things I wanted to see are not there. However, health insurance companies will no longer be able to wily nily deny coverage to people with pre-existing conditions. I will write another article once I have the specifics.

****October 21, 2009 Update – The United States Congress have voted to allow debate on a health car bill. Let's hope these insured Congressmen do the right thing!

****October 9, 2009 Update – The United States House of Representatives has passed a historic health care reform bill which includes the public option. Now it is up to the Senate to act on the bill, and the President to sign.

Well I try to stay away from topics like this on my Blog because I know for sure that some people because of their politics will get pissed off, and some will not. Some will support what I have to say, some won’t. At the least maybe this will get you thinking!

Let me start off by saying this; I am a Democrat, I am a Republican, I am an Independent, and I am an American.

My politics do not get in the way of what I believe is the right thing to do. I decide an issue on what I think is right or wrong, not by what a bunch of political cronies in a particular party say is the right thing to do. I think if all Americans starting thinking and doing what they think was best rather than what some political party tells them is best we would all be much better off. It may never happen but if all of you try it for yourself you will see the lunacy of political parties.

Now, unless you are Bill Gates, and have millions of dollars at your disposal to pay for catastrophic health care bills than maybe this article might make a little sense to you. If you are blinded by politics, still read on, maybe what I say will “break on through,” as quoted by Jim Morrison of the Doors.

You see I am a personal injury lawyer and attorney. I get many new clients that have half assed medical insurance coverage, or very good insurance. However, I also get new clients every week that have no health care insurance at all.

Many of these uninsured client’s literally have suffered for days, weeks, and even months without medical treatment, hoping that their injuries would heal on their own. I can only imagine the untold numbers of others who are suffering with medical ailments and have no insurance or viable way of obtaining medical care.

Out of desperation they call me because they know I can get them treatment for their injuries, even if they do not have health care insurance.

Health care reform to me is not about politics, it is not about profits for doctors, hospitals, medical providers, and medical insurance providers. (All of whom continue to make huge profits while the rest of the nation is in a depression) Health care reform to me is about right and wrong. Let me explain.

I personally know many people who have lost their jobs and their medical insurance before the present depression, and during the present economic depression. It has happened to me in the past!

If you have never lost your job and medical insurance in your life, you are either full of shit, or you are one in a billion; yes I said billion.

If you are an American worker who does not have a multi-million dollar inheritance, rich parents, or are rich yourself, you are going to lose your job and your insurance at some time or another. It is a simple fact of life.

No one can depend on having insurance for life the way the system is set up right now. Your healthcare and possibly life depend on the whim of your employer, or your ability to obtain and pay for individual healthcare plans. This is not acceptable any longer.

What are you supposed to do if you lose your job and your medical insurance? In the good old days you could simply get another job. Those days are pretty much over now.

With unemployment at 10% or more in some locations, and the nation mired in an economic depression, good jobs are hard to come by. Hell even college graduates from top institutions are having trouble finding jobs.

If you lose your job and insurance, the end result is that your sorry ass along with your innocent children and spouse, if they stay with you, may have no insurance to cover your healthcare if you get sick. This situation is a surreal nightmare for millions of our fellow citizens as I type this article. Hell it could be you!

If while you are uninsured due to no fault of your own, you get sick, and you need to go to an emergency room, which by law has to treat and stabilize you, then the rest of us have to pay for your sorry ass through higher taxes and health insurance costs, because the hospitals have to charge more to cover their losses in treating uninsured people.

In the end, it is cheaper just to make sure that there is universal coverage for everyone.

I am no communist, I sure the hell am no socialist, but when it comes to medical care, I believe that in the richest nation on earth, healthcare should be a right for all, not a privilege.

Now forget about politics, forget about what some rich congressman is telling you to believe because of your political party affiliations, forgot about hating certain political figures; what do you think is best for you and your family; the way it is now, or universal health care for all? At least try to be honest with yourself.

UNDER FEDERAL ERISA LAWS, AN INDIVIDUAL CANNOT SUE A HEALTH INSURANCE PROVIDER FOR FAILING TO PROVIDE COVERAGE; NO SHIT!

Now that I have got your attention, let me tell you about my father; this is a true story that happened last month in October, 2009.

My father just had a major arterial bypass surgery recently, and is presently in a nursing home for recovery. He has probably the best HMO/PPO health insurance on earth, with probably the most famous health insurance provider on the planet.

Until just recently, he was ordered by his doctor to not place any weight whatsoever on his legs, he was basically bedridden in the nursing home. He was and still is dependent upon the nurses and doctors there for care while he recovers.

On October 14, 2009, we found out that his health insurance provider had retroactively determined that he no longer needed to be in the nursing home as of October 10, 2009. In other words a man that is and was bedridden with no viable alternative for other care, was basically told by his insurance company that “we don’t give a shit about you, you are out of there. Oh and by the way, you owe for 4 days.” His health insurance provider made this determination even though 2 of my dad’s doctors ordered him to be placed in a nursing home to recover.

Some health insurance bureaucrat unilaterally decided that they knew what was best for my dad, rather than two of his treating physicians. We all know that this is a bunch of bullshit to save the health insurance company some money don’t we.

Under present ERISA exemptions, my father cannot sue his medical insurance provider for failure to cover the nursing home even though his insurance covers nursing home care, because he is in a group plan. 80% of all health care insurance in this nation is provided under a group plan. How come nobody is taking about the fact that health insurance providers cannot be sued by individuals for failing to provide that which they contract to provide? It is a big scam.

Luckily for my dad, he has an attorney for a son (me) who is pissed off, and the political climate is not good for this kind of bullshit decision on their part right now, especially considering the fact that congress is presently debating health care reform as I write this article.

The insurance company probably thought that my dad was some old Hispanic man (looking at his surname) that they could screw around. Who knows? After talking to them and telling them exactly what I intended to do, they miraculously reinstate his insurance and everything is fine now.

What if this was you or you did not have a son who was an attorney? You would be screwed, blued, and tattooed as they boot your sick ass on the street. You would be dead! Geez, I wonder what will happen to me if god forbid I am in the same boat as my dad, my daughters are not attorneys like me.

The healthcare reform changes being debated right now would prevent insurance companies from denying coverage based upon pre-existing conditions, they would prevent insurance companies from terminating coverage because of an illness, and they would prevent insurance companies from placing a lifetime cap on your insurance. It is because of health insurance greed and excesses that these changes need to be implemented in the first place.

How many of you reading this are not worried about anything I stated above? If you are not worried, you are probably full of shit and are lying to yourself, or are too dumb to realize it. I do not think even a billionaire would want to risk a catastrophic illness. The cost of healthcare is so high now; million dollar plus bills are not out of the question.

If you are poor, middle class, or even moderately rich, a catastrophic illness could destroy you financially. Even if you have the best health care insurance. The present system is a free market free for all and it sucks the big one. Health care today is about profits, not about quality medical care for all. Hell, I don't mind a man making a buck, but under the current system we are all being raped.

Imagine, you saved all of your money for years to buy a home, you have a nice car, your family is doing well, and then little Jenny gets sick, imagine having to lose everything and go bankrupt because of co-payments, no insurance, or your insurance company cutting you off. This is reality for millions of American’s right, it is not right, and it is bullshit.

It is time for healthcare reform.

We Need a Public Option

We need to have a public option just like Congress has. Yes Congress, the same folks that we vote into office to represent us. Why should we not get what they get? Are they better than the rest of us?

What is funny is that there are certain congressmen from a certain political party that all have great “lifetime” medical coverage for themselves and their family as a perk of office, and yet they are opposed to giving us universal healthcare; feature that! These people are so out of touch with the reality and exigency of the situation it is mind blowing. They might as well be from another planet. Their supporters support them along party line regardless of whether the healthcare reform will actually benefit them and their own family. This is truly bizarre to me.

It is kind of like not wearing a jacket in winter so that you will not freeze to death, because your enemy supports wearing the jacket; so you freeze to death! Makes no sense.

Now the public option is just that, an option. You can opt out and still use traditional insurance. Maybe a public option will make private insurance companies pull their collective heads out of the asses and compete on a more even playing field rather than monopolizing the market and making untold billions of dollars of profit each fiscal quarter, at our peril.

I have heard the “socialized medicine” sucks arguments, and the “in Canada they have to wait months” arguments, and they do concern me. Thank goodness we are not talking about a system like that. We are only talking about mandating that all people buy medical insurance, (just like we do with car insurance) and giving them an inexpensive public option if necessary.

Healthcare reform is about what is morally and ethically right. It is about what is right for the most powerful nation on earth. Persons from all political parties have been trying to get this done since Theodore Roosevelt was President to no avail.

The time for half assed excuses, political bullshit, and half measures is over. It is time for Health Care reform with a Public Option.

Call your congressman, write your congressman, this issue is a matter of national security, and could be a matter of life and death for you and your family if healthcare reform is not implemented.

I truly look forward to your comments on this subject, and debating the issue.

God bless you all.

By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © 2009