Biker and Motorcycle Lawyer Blog / Blawg

On November 1, 2009, the city of San Francisco in California will implement a new policy that prevents city police officers from automatically impounding cars driven by unlicensed drivers. Unlicensed drivers will now be given 20 minutes to find someone with a valid license to drive their car. Only if an unlicensed driver is caught again within six months, is there an automatic 30-day impound, which can cost around $2,500.00.

This policy is aimed to protect so-called undocumented or I should say illegal aliens who are otherwise law abiding citizens, from having their vehicles impounded even though they are breaking State law by driving without a license and presumably also breaking State law by not having the required mandatory minimum liability insurance to protect others in case they hit them in their vehicles.

As a personal injury attorney and lawyer my only thought is what the heck? What about law abiding citizens and legal immigrants who follow State law and have a valid drivers license, and also carry mandatory insurance?

This new policy is absurd and an accident waiting to happen. As a matter of fact this new policy may violate State and Federal law to boot.

Look, I am all for protecting law abiding people, but by definition, those driving without a driver’s license are not law abiding are they? Hell, the protected class of citizens that Mayor Gavin Newsom is trying to protect are in fact breaking our laws by being here illegally in the first place.

I think that if someone is hit by an unlicensed and uninsured driver in San Francisco, the city of San Francisco should now be held liable for inviting this type of law breaker into their city by advertising the fact that they are not enforcing State law. It is reasonably foreseeable that law breakers will flock to San Francisco to take advantage.

What about the victims of this policy. Hell, I deal with personal injury victims on a daily basis, especially those that are hit by uninsured and illegal drivers. In the end we all pay for those that choose not to drive with insurance through increased insurance rates.

Furthermore, I do not think that it is wise to allow a major city like San Francisco to pick and choose which State laws it chooses to abide by or enforce.

This new policy is a disaster in the making. Mayor Gavin Newsom, you need to pull your head out of your ass and jump on the team here for the big win. You are endangering legal citizens and legal residents in order to protect those who are breaking the Law!

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

Oklahoma State University will lead an ambitious new study with the Federal Highway Administration to better understand and prevent motorcycle crashes.

Between 1997 and 2008, motorcycle rider annual fatalities increased from 2,116 to 5,290 -- a 150 percent jump, according to U.S. Department of Transportation's Fatality Analysis Reporting System. In 2008 alone, deaths due to motorcycle crashes rose by an estimated 2.2 percent while all other vehicle classes saw reductions in fatalities.

The motorcycle crash causation study will be the federal government's first major in-depth analysis of motorcycle safety in nearly three decades. A provision in the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU) requires the study.

OSU's Oklahoma Transportation Center is one of the U.S. Department of Transportation's 10 National University Transportation Centers, and it receives federal grants to conduct transportation research.

"OSU is delighted to be the lead research institution for this important study," said Dr. Alan Tree, associate dean for research in OSU's College of Engineering, Architecture and Technology. "We expect very significant, scientifically valid results to emerge from this work and look forward to a very positive final outcome."

Despite years of steadily improving highway safety and roadway fatalities at historic lows, motorcycle riders remain one of the highest-risk groups on America's roads. Nearly 5,300 motorcycle riders died in roadway crashes in 2008, accounting for 14 percent of all traffic fatalities, and 96,000 were injured.

Researchers will evaluate data from hundreds of motorcycle crashes to help identify common factors -- including road configurations, environmental conditions and rider experience. The study's focus is to look at how these factors may be affected by countermeasures that, if effectively implemented, will prevent motorcycle crashes or lessen the harm when they occur.

The National Highway Traffic Safety Administration conducted a pilot study to develop the protocols for the full-scale causation research. NHTSA also was responsible for the earlier motorcycle causation study, which was completed in 1981.

I applaud the new study on the causes and prevention of motorcycle crashed. I am no rocket scientist but I believe based upon my handling of motorcycle accident cases in the State of California that it will be found that a large percentage of motorcycle accidents are caused by reckless and negligent cagers driving cars, trucks and other motor vehicles.

In my humble opinion more effort needs to be made in getting drivers of car to recognize that motorcyclist and bikers have the same right to share the road as they do, and that they need to pay more attention to look out for bikers and motorcyclist.

I further believe that there has been a vast increase in the number of motorcycles on the road and this has also led to an increase in motorcycle crashed and fatal motorcycle accidents.

We will have to wait and see.

California Motorcycle Accident Lawyer and Biker Lawyer

Actor Brad Pitt, who was involved in a motorcycle accident this past week in Los Angeles, California was reportedly wrecked at a red light by a stalking paparazzi.

The New York Daily News originally reported that the movie star was "hit by paparazzo while riding motorcycle in Los Angeles", quoting TMZ as the source.

According to the report, "the bike was thrust forward into another car, causing him to lose his balance."

Shortly after reports went viral, spreading across media outlets everywhere, TMZ.com posted a correction to the story, saying on their site they had more "factual" news after seeing the wreck video.

"We just spoke to someone who has seen video of the incident - and we're told absolutely no one else was involved in the accident."

Furthermore, they wrote "We're told Brad tried to maneuver his bike between a parked car and a car stopped at a red light, and his handlebars clipped the parked car," the site explains. "He lost control and fell over."

Adding, still, the star's health goes undisturbed. "Everything is fine," the report adds.

California Motorcycle Accident Attorney and Biker Lawyer

*** 11/12/09 Update, Swine flu has sickened about 22 million Americans since April and killed nearly 4,000, including 540 children, say startling federal estimates released Thursday. Get a shot if you can!

*** 10-25-09 Update. All of the mild flu like symptons from the shot are gone after 1 day. This shot is no big deal. I hope it works!

My fiancé and I woke up early this morning, October 24, 2009 to go to Granada Hills, California to get our Swine Flu shots. After waiting for about an hour and a half, we were vaccinated. So far the vaccine feels just like the normal flu shot vaccine, it makes you feel a little bit like crap. It sure is better than getting the full blown Swine Flu I will tell you that.

This morning as we were leaving to go get the Swine Flu shot, I heard the announcement that President Obama had declared a nation wide emergency with respect to the Swine Flu. In my 46 years on this earth, I have never heard a President of the United States of America declare a national emergency for any illness. This declaration made my resolve to get the Swine Flue shot more firm. If the President is declaring a national emergency, he must know something we don’t. I would highly suggest that all you of reading this go out and get your Swine Flu shot!

With respect to how my fiancé and I were able to get some of the first doses that have become available in the nation; it is real simple; The County of Los Angeles in the State of California really came through for us and many thousands of people so far.

I first heard yesterday that The County of Los Angeles had received about a million of the rare Swine Flu vaccines, and were making them available for free at many different locations in Los Angeles County. Here is a link to where you can go in Los Angeles County to get your Swine Flu Shots, Click Here.

When we got to the Granada Hills Park where County employees were dolling out the Swine Flu Shots, and the Swine Flu Nasal Vaccines, there was a big line, but probably not as long as a Disneyland ride. There were old people, young people, pregnant women, children, you name it.

I cannot say enough great things about the employees of the County of Los Angeles. They were courteous, empathetic, helpful, polite, professional, and saving angels during this flu pandemic. They could have been rude, cold, and uncaring. Instead, they seemed to know that what they were doing would save lives. They took pregnant ladies, old people, and people unable to stand in line to the front to get their shots, and they served all of us Angelinos with a smile.

Therefore to you employees of Los Angeles County, you all get my Biker Law Blog top Medal for your service today.

Now with respect to the actual shot itself, as of the writing of the article, it has been about 10 or so hours since I got the shot. I do feel a little like crap, but I feel the same way after a normal flu shot.

We all know that there will not be enough shots to go around this year so I strongly suggest that you go out and get a Swine Flu shot as soon as possible. The only way to kill out a virus such as this is to deny it hosts. The H1N1 Swine Flu virus is a new virus that has never been seen on earth before. This means that none of us have ever had to fight off this bug before. It means we have no immunity to it.

You may have heard that the virus affects the young, pregnant women, and people with chronic illnesses more than others, but guess what; no one told the virus that. I don’t think the virus will be checking ID’s to see if you are in the high risk group; everyone is at risk.

Do the right thing; get the shot for you and your loved ones. If I end up getting sick I will let you all know; hopefully!

By California Biker Attorney and California Motorcycle accident Lawyer Norman Gregory Fernandez, © 2009

I recently read an article by Steve Parker of the Huffington Post which painted a bleak picture of Harley Davidson’s current, present, and future financial situation.

He cited an October 15, 2009 press release which stated:

"Worldwide retail sales of new Harley-Davidson motorcycles declined 21.3 percent in the third quarter compared to last year's third quarter, an improvement from the 30.1 percent decline in this year's second quarter. An 84.1 percent decline in net income and an 84.5 percent decline in diluted earnings per share from the year-ago quarter reflected lower motorcycle shipments and the effects of the economy on retail and wholesale loan performance at Harley-Davidson Financial Services."

He also discusses Harley Davidson’s shut down of the East Troy, WI factory where Buell sport bikes are manufactured putting 180 people out of work. This adds to the 1,100 factory workers that Harley Davidson laid off in January 2009.

He also discusses the fact that Harley Davidson purchased Agusta Motorcycles of Italy for $109 million dollars in 2008 before the depression hit. Augusta also builds Cagiva motorcycles. Now Harley Davidson is looking to sell Augusta.

Steve’s article is downright disparaging of bikers and motorcyclist such as me who buy and ride Harley Davidson’s. He makes an analogy comparing Harley Davidson’s to Hummer’s, by stating (in his words not mine)

“Harley-Davidsons, like Hummers, are overpriced, overweight and overwrought. Buyers who wanted a Harley would accept nothing less, though, similar to Hummer buyers, and with fast and easy cash pouring through the economy starting in the 1980s and continuing through the end of 2008, the bikes sold in record numbers.

The company even established a modern image while still considered ruffian and gangster-like, something H-D does little to downplay in its advertising or even on its website.

Many recent owners probably would never have bought a H-D if "bigger is better" vehicles didn't become a symbol of success in those phony mortgage-backed security years.

Is a Harley-Davidson nothing but a two-wheel Hummer? And is that necessarily a bad thing”

I think Steve is over reaching and full of crap in this regard. I myself do not ride a Harley Davidson for status. I love my Electra Glide and there is no comparable motorcycle like it on the market. A Honda Goldwing does not have enough leg room, and the other big touring bikes do not compare. Anyway, I am getting off subject here.

Steve goes on to cite the fact that the Love Ride was cancelled this year as a basis for his article which paints a bleak future for Harley Davidson.

He states that “But as it has for Hummer and other American motoring products including Plymouth and Saturn, the economy seems ready to come down on Harley-Davidson.”

Although there are some disparaging remarks about bikers and motorcyclist in Steve Parker’s article, it is a good read and raises some serious issues to contemplate with respect to whether Harley Davidson will survive the current depression.

You can read his article at The Huffington Post by clicking here.

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

*** 10/25/09 Update - The Judge has rejected this motion. I guess you cannot blame someone for trying to get out of jail right?

Imprisoned celebrity motorcycle builder Billy Lane wants a judge to give his fatal crash victim’s family another chance to say what kind of punishment he should receive, in hopes of getting his six-year prison sentence reduced.

Lane, 39, was sentenced in August to six years in prison after pleading no contest to one count of vehicular homicide for crashing his pickup truck head-on into 56-year-old Gerald Morelock’s motorcycle while speeding past slow traffic in a no-pass zone on Sept. 4, 2006.

During sentencing, the victim’s brother and nephew declined to recommend a punishment, but asked the judge to impose a sentence that would use Lane’s celebrity status to help save the lives of young people through a foundation they plan to create in Morelock’s name.

However, Lane’s attorneys recently filed a motion claiming the men have since expressed that intense media and public scrutiny caused them to be “vague” about their feelings on a prison sentence for Lane.

“They were sufficiently overwhelmed by the experience that they did not fully express their feeling that Mr. Lane would better be able to benefit society if he were not incarcerated,” the defense motion says.

The attorneys want Circuit Judge Robert Burger to give the Morelocks another chance to be heard and to reduce Lane’s sentence if he sees fit.

No hearing on the motion has been set.

I must admit, this is one of the most bizzare defense motions I have ever heard. If it is granted I will be shocked.

California Motorcycle Accident Attorney and Biker Lawyer

You can read many of the articles I have written on the Billy Lane case below or by typing in Billy Lane in the search box on the sidebar to the right.

Billy Lane is a custom motorcycle builder who got famous on reality TV shows like Biker Build off on the Discovery Channel in the early 2000’s. He then went on to make regular appearances on the motorcycle event circuit at events such as, Sturgis, Daytona, etc.

Billy Lane got rich and famous as a biker off of bikers. Then Billy Lane did something really stupid; he got shit faced drunk. Then, while his blood alcohol level was twice the legal limit he decided to jump into a free SUV given to him to drive as a promotional item by Dodge, along with a lady who rode in the passenger seat, and proceeded to drive.

While driving intoxicated, he decided to cross a double yellow line and hit a biker named Gerry Morelock head on killing Gerry Morelock. Although Gerry Morelock himself had been drinking, he was in no way responsible for the accident or his death. His only mistake that day was being in the wrong place at the wrong time.

As a biker, I empathize with Gerry Morelock, because it could have been me; it could have been any biker on the road that day. When you have an asshole like Billy Lane crossing a double yellow and plowing into you head on it really does not matter who you are, you are dead. Gerry Morelock is dead. He is dead because Billy Lane decided to get drunk and drive.

I have heard commenter’s on my Biker Law Blog make the argument that we should not talk shit about Billy Lane because we have all drank alcohol and driven, so who are we to throw stones? I say bullshit. How many of us have got drunk then crossed a double yellow line and smashed into a fellow biker head on, killing him?

Billy Lane and Dodge reached settlements of civil cases brought by the family of Gerry Morelock well before Billy Lane’s criminal case was resolved.

So Billy Lane was sentenced to 6 years in the pokie, (prison) by a Vera, Florida Court. He was also placed on three years of probation following his incarceration, and the loss of his driver’s license for life. For basically murdering a man, he got off real light.

May Gerry Morelock rest in peace.

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

The following is directly from a press release from the Anaheim Police Department. It was not written by me.

### Beginning of Press Release.

The Anaheim Police Department host a total of 6 Sobriety and Drivers License checkpoints, starting with one on Harbor Boulevard near La Palma Park on Saturday, October 17, 2009 from 8:00 PM to 3:00 AM Sunday, October 18, 2009. In addition to checking for DUI drivers, officers will be checking those driving with suspended licenses. Safe driving pamphlets will be handed out to drivers screened at the checkpoint. Checkpoints are designed to bring DUI awareness to the most number of drivers.

The Anaheim Police Department has been awarded a DUI enforcement and awareness grant to combat DUI for a total of $205,115. Funding for this program is provided through a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. This funding will supplement the departments’ overall commitment to lower DUI related traffic collisions. These additional monies will fund additional sobriety checkpoints, DUI patrols and other efforts to help bring about a zero level of DUI in the city of Anaheim.

The additional saturation patrols funded by the grant will increase the number of officers in the field to help assist the program “Report Drunk Drivers: Call 9-1-1”. With the grant’s funding, Anaheim Police will add 4 additional officers to the field nearly every weekend during the next twelve months. These additional officers will be able to respond quicker to 9-1-1 calls by those reporting erratic drivers on our streets. New this time is the addition of the OTS Motorcycle Safety Campaign.

The Anaheim Police will conduct four Motorcycle Safety and Enforcement programs over the next year. The department will take to the streets and focus on the motorcycle rider. Officers plan on working with motorcycle shops, clubs and dealers in the area to first educate the rider and then ensure they are in compliance with the law. DUI and the proper use of helmets will be the first on the list as these are the primary causes of death and serious injury to the motorcycle riding public.

For any media questions, contact Sergeant Rick Martinez at (714) 497-6608 or email him at Rmartinez@anaheim.net

## End of Press Release.

Notice the part about the motorcycle safety and enforcement programs. It looks like the writing is on the wall in Anaheim and they are going to start rousting bikers, motorcycle riders, and shops. If this occurs, I say boycott Anaheim. We have a right to be on the street too.

California Motorcycle Accident Lawyer and Biker Attorney

U.S. motorcycle maker Harley Davidson reported a smaller-than-expected profit Thursday, sending its shares lower in premarket trading, as the economy's slow recovery weighed on bike sales.

The company plans to discontinue its Buell product line and sell its MV Agusta unit, essentially exiting the sport bike market. It expects to book $125 million in one-time costs associated with the moves.

The company plans to discontinue its Buell product line and sell its MV Agusta unit, essentially exiting the sport bike market. It expects to book $125 million in one-time costs associated with the moves.

Harley-Davidson's third-quarter profit tumbled 84 percent to $26.5 million, or 11 cents a share, from $166.5 million, or 71 cents, a year earlier. Sales fell 21 percent to $1.12 billion.

Analysts, on average, expected the Milwaukee-based company to report a profit of 21 cents a share on sales of $1.1 billion.

Retail sales of new Harleys skidded 21.3 percent during the quarter. In the United States, the company's biggest market, retail sales of the company's bikes fell 24.3 percent from the year-earlier period.

The company's finance unit, meanwhile, reported an operating loss of $31.5 million as a result of higher provisions for credit losses in both the retail and wholesale portfolios as well as increased interest expense.

Its shares were down 3.4 percent at $25.36 in premarket trading.

Harley Davidson has been through tough times before. They have been around a long time. I am sure that Harley Davidson will make it through these tough economic times as well.

By California Motorcycle Accident Lawyer and Biker Attorney

Below you will find a video made by Regent Law School professor and former criminal defense attorney James Duane discussing why you should never talk to the cops.

In this country you have a 5th Amendment Constitutional Right against compulsory self incrimination. Anything you say can and will be used against you in a Court of Law.

I will say it again; you HAVE THE RIGHT TO REMAIN SILENT. This constitutional right is something that sets us apart from most of the world. Use It!

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

For many, California was the center of the motorcycle performance universe yesterday as American Honda Motor Company's Powersports Division revealed the much-anticipated 2010 VFR1200F.

The first V4 concept was seen at the Cologne Motorcycle Show in 2008 with yesterday's latest model the resulting bike. The 2010 VFR1200F promises the next generation of motorcycle technology, aimed at older riders who are looking for the thrills of back road curves rather than the adrenaline rush of track day.

The latest in Honda MotoGP engine technology and architecture features a light and compact 1237cc liquid-cooled 76-degree V-4, mind-boggling Throttle By Wire, smaller cylinder heads and the latest innovation of optional Dual Clutch Automatic Transmission with manual mode and automatic mode with two D/S modes and paddle-style shifters.

The new model promises GP technology layer-concept aero fairing and next-generation shaft drive system with offset pivot point and sliding constant-velocity joint for a new level of shaft-drive performance and control.

The VFR1200F's four-valve-per-cylinder engine offers an offset crankpin to eliminate primary engine vibration and an electronic throttle system named 'Throttle By Wire' features linked ABS (Anti-lock Braking System) brakes.

"This is one of the most exciting motorcycles in Honda's history," said Powersports Press Manager Bill Savino.

"The VFR1200F establishes a whole new definition of performance motorcycling, one that taps into Honda's rich V-4 VFR heritage and extends it into the future of Honda motorcycling. The new technology within this motorcycle is flat-out amazing and it all works together in a manner that takes the VFR1200F strides forward in how a high-end machine looks, works and feels. This is a sport motorcycle that will leave you smiling and ready for more even after you've been riding for hours on end."

This motorcycle looks to me like it will be a fun motorcycle to ride in the twisties, especially with the automatic transmission. I cannot wait to see more viable options in the cruiser market with respect to automatic transmissions.

California Biker Attorney and California Motorcycle Accident Lawyer

First off let me start off by stating that I do not advocate mandatory helmet laws or anything like that. I feel that each motorcycle rider should have the right to wear whatever they want to wear while riding. The advice I am giving in this article is just that, advice. You can and will ultimately do whatever the hell you want to do. However, if this article helps someone be safe while riding a motorcycle, then so be it.

I personally think that the two most important things you should wear while riding a motorcycle are; a good helmet, and a good leather jacket. Let me explain.

Now I know that there are other what I consider to be mandatory motorcycle safety items that should be worn, such as gloves, boots, leather or heavy jean pants, etc., however, this article is about what I consider to be the two most important safety items.

I am a California motorcycle accident attorney. I handle motorcycle accident cases, and other types of personal injury cases for a living. I also happen to be a biker and a motorcyclist who rides a significant number of miles each year on my Harley Davidson Electra Glide.

I have seen a marked increase in the number of motorcycle accidents, and a substantial increase in motorcycle deaths in the past decade. Furthermore, it has been reported by many different sources that there has been a tremendous increase in the number of motorcycle accidents and motorcycle accident deaths in recent years. I am sure these all have to do with an increase in the number of motorcycle riders on the road.

Knowing this, I can think of a couple of things I would not like to happen, god forbid if I do go down. I would like to keep the grey matter between my ears inside of my skull instead of being splattered all over the road, I would like to keep my face, and rather than having all my skin rubbed off by the pavement, I would rather a leather jacket be the one that gets the brunt of the punishment.

Look we all know that wearing a helmet is mandatory in California and some other States. I for one don’t care if there is a law or not, I wear a full face modular helmet when I ride, and I suggest that you do the same. This is not rocket science; it is about surviving a motorcycle accident. It does not take a genius to figure out what happens when your head or face meets the pavement at 70 miles per hour; the pavement wins.

There is virtually nothing better to protect your upper body from a fall than a good heavy leather jacket. If you go down, it may still hurt, but the leather will take the brunt of any road rash. They even sell lightweight armor that can be worn under the jacket or inserted into the jacket. I know, sometimes it is too hot to wear a jacket, or you want to look cool. Well it is not cool to have permanent road rash scars all over your body just because you decided not to wear the jacket, or suffering as your skin heals from road rash.

We who ride motorcycles know two things, it is not a matter of if we are going down, it is a matter of when; and we sure the hell do not want to go down. I myself have been down 3 times in the past. God was with me, all of my mishaps were minor, and I only suffered minor injuries in two of them.

I have been involved in numerous close "scary" calls while riding, and if you are a motorcycle rider, you have been too. It is just the nature of the beast.

Once at the Palm Springs Biker Rally in 2000, I was only wearing a sleeveless T-Shirt, when I went down at low speed. It hurt, and caused some minor road rash on my left side where I laid it down. That small amount of road rash hurt like hell. Imagine what losing multiple layers of skin feels like; I sure don’t want to feel that. Wear a friggen leather jacket.

You can take this article as you will. Unlike some other poser fake biker lawyers, and motorcycle accident attorney’s out there advertising that they handle motorcycle accident cases, when they don’t actually ride motorcycles, or have any clue whatsoever about the issues related to riding a motorcycle and being a biker, I am the real deal. I, just like you, am a biker and a motorcyclist.

I will be here for you if you need me after a motorcycle accident; however, I would prefer to see fewer injuries because you were smart and were wearing proper safety equipment.

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

The single largest one day motorcycle event in the country, the Love Ride has been cancelled this year due to lack of funds.

This year would have been the 26th consecutive year that the Love Ride was held. The organizers of the event state that the event raised money for over a dozen charities including the Muscular Dystrophy Association, Special Olympics of Southern California, and Children’s Hospitals of Los Angeles.

The founder of the event Oliver Shokouh, the owner of Glendale Harley Davidson stated that it was a gut wrenching decision for him. He stated that this has absolutely nothing to do with the Love Ride staff, volunteers or organizers. He stated that everyone has worked hard for the past 25 years. He stated that their problem boiled down to the economy, and that the Love Ride is a victim of the recession. He stated that after a careful analysis over the past few months, they realized that ticket sales were not enough to offset costs; there was no money left over to help with the kids, the reason for the Love Ride.

As I found at about this cancellation on Wednesday evening, October 7, 2009, the first thing I thought about was that the Love Ride had grown too big for its britches, meaning, that the ticket prices were to much, and the event lost its luster.

In past years the event was held in December during the Christmas season. Tens of thousands of bikers would meet in Glendale in the morning, in front of Glendale Harley Davidson, listen to a concert, and then ride to Castaic where all of the vendors were camped out. There would be food and a good concert. The even raised a million dollars for charity.

Last year they changed the event to be in October from December; probably a bad move. Reno Street Vibrations was just a few weeks ago, Las Vegas Bikerfest was just last week, the Palm Springs Biker Rally is just around the corner, and well you get the picture. Secondly, instead of riding from Glendale to Castaic, they changed the event to the Los Angeles County fairgrounds. Basically the Love Ride went from a grass roots event to raise money for charity, to a huge monster at the Los Angeles County fairgrounds.

In my opinion, the Love Ride can and should come back, and it will, if they go back to their roots. Bring back the event in December; don’t pay big name performers to appear, hell garage bands will do, lower the price of tickets back to a reasonable level, let’s say $35.00 or $40.00 for couples, $25.00 or $30.00 for singles, and people will come back.

This is the way I see it.

Above you will see a picture of me at Love Ride 17, right in the front of the stage listening to Steppenwolf. It was a great day.

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

I am posting a video of a motorcycle accident that happened in Greece, below. It is amazing footage of an actual motorcycle accident. Based upon what I am seeing in this video, the guy is lucky to be alive. He could have suffered massive internal injuries, broken bones, brain injuries, or death.

I cannot tell for sure from the video, who was at fault in the accident, because the video does not show the status of the traffic lights or other factors. However, I think it is safe to say that the guy on the motorcycle probably had a green light and was nailed by a cager who ran the red. If there is anyone on here who can decipher what is being said in Greek, please post a comment and tell us what is being said.

I am not posting this motorcycle accident video just for the sake posting it. I am posting it to show you what as a biker lawyer and motorcycle accident attorney I hate to see more than anything, a rider who does not ride with proper attire. What is this guy thinking? He has no leathers on; he is riding his motorcycle while wearing tennis shoes, shorts, t-shirt, and no helmet. He should have denim jeans or leather on, including a jacket, boots, gloves, and if it were me, a helmet.

You be the judge.

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

I installed these grips on my Harley Davidson Electra Glide back in May of 2007. I am just now finally getting around to writing my review over two years later. It has been two years of great riding, and the grips are no worse for wear.

First off I have used Kuryakyn Premium ISO Grips on various motorcycles that I have owned for the last decade. I have used these grips not only on my Harley Davidson Electra Glide, but also on some Japanese cruisers I have owned as well.

As far as I am concerned, there is no other more comfortable and good looking grip on the market from any company, and for any motorcycle. No, I am not a paid spokesman for Kuryakyn. These grips to me are a mandatory upgrade.

I have used stock grips, Buffalo grips, and other types of grips. Nothing compares to the Kuryakyn ISO grips. They are wider than most stock grips which make them easier to hang on to, and the rubber pads on the grips really help out on long runs. With respect to aesthetics, they look awesome.

I have seen some guys with totally chrome grips. All I can say is that they must not ride far. Without good soft grips your hands will be going numb and hurting in no time at all. The Buffalo grips literally chewed my hands up, even with gloves on.

With respect to installation of these grips, I am only going to discuss the installation on my Harley Davidson Electra Glide in this article.

I am a biker lawyer and a motorcycle accident attorney here in California. I am no mechanic by any means. If you read through the Biker Law Blog, you can see that I am a proficient bolt on accessory type of guy to a certain extent, but I sure am no wrench head. What I am trying to say is that if I can do the install, anyone should be able to do the install.

I ordered and installed the Kuryakyn Premium ISO Grips for the Harley Davidson with the dual throttle cable controls, part number 6212. There are also Kuryakyn Premium ISO Grips for metric bikes, and the new Harley Davidson wire guided (electronic) system. Click here to see the grips that I ordered.

Rather than re-write the installation instructions for these babies, you can read them by clicking here now.

Now I must admit the installation of these babies was much worse than the installation of the Kuryakyn Premium ISO Grips on my metric cruisers. On the Harley Davidson, you first have to loosen the throttle cable, the throttle housing is kind of a bitch to open enough to get the two throttle cables out, and there are brass ferrule’s which connect the end of the throttle cables into the housing which are a real bitch to work with. I dropped one and almost could not find it.

After you get everything together, you have to remove your air cleaner to adjust the throttle cable.

On top of everything else, you have to pull open the brake lever a bit, and put a shim into the slot on the back of the lever that opens otherwise you can do damage to the switch inside.

I will tell you one thing, I was so excited to get these things installed, that I did not fully realize how difficult the installation would be on a Harley Davidson as opposed to the metric cruisers.

Unless you are a mechanic, I strongly suggest that for this installation, you take the motorcycle to a Harley Davidson dealer, or a 3rd party Harley Davidson mechanic, and let them do the install. It took me quite a bit of time, whereas a trained mechanic could probably get these things on in a half hour or less.

Suffice is to say, I got the grips on. I did however have a hard time adjusting the throttle. I even got to a point where the throttle return was not adjusted correctly and the throttle started sticking. I have long since fixed the problem.

If you are using the fly by wire setup on the 2008 and 2009 Harley Davidson models, don't worry, the installation is super simple because you don’t have to worry about any cables. Click here to see a video of how simple they are to install.

The throttle boss is a device that connects towards the end of the grip and allows you to either use your fingers or palm to throttle up rather than constantly having to hold the grip. You can see what it looks like in the top picture above. It is the piece at the end of the grip that sticks out. I have been riding with the throttle boss for so long now that I probably would have to get used to a motorcycle without it.

I give these grips a huge thumbs up! I recommend them for anyone that wants a comfortable ride, and good looks to boot.

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

You may have noticed that the last couple of articles on here have dealt with horrendous motorcycle accidents and crashes. Unlike most of you; my dealing with motorcycle accidents on a daily basis as a biker lawyer and motorcycle accident attorney takes its toll on me mentally, meaning sometimes I think of my clients and their accidents while I ride my Harley Davidson Electra Glide. It is kind of like a mind fuck.

However, after a few miles the bad thoughts leave my mind and I enjoy the ride. Handling motorcycle accident cases throughout California makes me extra careful when I ride, but that is a story for another article.

Lately I have been caught up with both my parents having serious medical issues, my fiancé starting law school, and then herself having a potential serious medical issue pop up, and of course working my clients cases here at the firm. I have not had as much time to ride this summer as I usually do.

However, over the last couple of weeks, I have managed to squeeze in a couple of really decent rides. Last weekend, I jumped on my Harley and rode from Chatsworth, to Palmdale, and then to Lompoc, CA to participate in a Karate Tournament with Grandmaster Vic LeRoux in Lompoc, CA. It was one hell of a long one day turn-around ride, and a great ride if you know what I mean.

The Lompoc run is a great run. Lompoc is above Santa Barbara near Vandenberg A.F.B. off of Highway 1. The only problem with this run that is that lately the traffic has been real bad south of Santa Barbara. They are doing construction or something. I have had to split lanes every time I have done this run all summer on the 101. It really kind of sucks, especially when a big rig truck driver purposefully cuts over so that you cannot pass him in the split. I discussed what happened in an article I wrote below.

Last night; Saturday night, I rode with my fiancé to Hollywood to attend a benefit for a friend in need of surgery. Although it was not a long ride, it was a fun ride, except for being followed by a Los Angeles Sheriffs cruiser for about a mile and a half on Santa Monica Blvd. Hell here I am a law abiding attorney, nothing at all to worry about if I am stopped, I am clean and sober, no tickets at all on my record, and this Sheriffs cruiser is following me for no reason at all other than the fact that I am a biker on a Harley Davidson in Hollywood at 2:00am. I wanted to pull over and just ask him “what the fuck,” but obviously I am not that stupid.

On the way to Hollywood, I ate crow a few times to get out of the way of asshole tailgaters who got way to close to me from behind. Unlike some, my ego is not so big as to put my ass on the line and stay in front of a tailgater who is behind me, just because I have the right of way. In any car v. motorcycle scenario, the motorcycle loses. Yes, I was pissed, but I let the car drive by after I switched lanes, took a couple of deep breaths, and everything was good.

My fiancé and I cruised my old stomping grounds in Hollywood. I lived in Hollywood for about 10 years, including my entire time in law school. I must say that there seems to be many more clubs and much more foot traffic on Hollywood Blvd. then there used to be. I think they have cleaned it up quite nicely.

We ended the night or I should say morning at the world famous Jerry’s Delicatessen on Ventura Blvd. in Studio City. There is nothing like Matzo Ball soup and coffee to end a great evening on. If you want to see celebrities, this is the place to go.

Unlike non bikers, we bikers and motorcyclist have a secret that the rest of the world only dreams about; we have our motorcycles to give us therapy. When shit hits the fan in our lives, all we have to do is jump on our trusty motorcycles and take a ride. I am not talking about posers who jump on their bike to ride a few blocks to a bar, or to ride a few miles to hang out at some event and pose, I am talking about really riding.

Riding a motorcycle at least for me, is one of the most pleasurable things I have in my life. I only wish that god will continue to give me great health and faculties so that I can continue to ride motorcycles for the rest of my life.

At the top of this article you can see a video I took with my fiance's phone at the Roxy Theater on Saturday night on Sunset Blvd. in Hollywood, California. Unfortunately the audio got jacked up by the phone. You can however see that it was a great time!

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

Martin Allen Lacy
R.I.P.
1983-2008

On September 26, 2008, while 25 year old Martin Allen Lacy was riding his motorcycle on Live Oak Canyon Road, in the Inland Empire, California, Martin Allen Lacy was killed when a woman named Holly Louise Ference, intentionally crossed a double yellow line to pass a van, driving directly into Martin Allen Lacy's lane, striking him head on, and killing him.

Martin Allen Lacy was basically the victim of homicide by vehicle. There is no difference between someone shooting a gun off near people, and intentionally driving a car into oncoming traffic over a double yellow line, it is gross negligence rising to the level of a willful and wanton disregard for human life (murder).

This story is dedicated to the memory of Martin Allen Lacy, and his families attempt to bring the killer of Martin Allen Lacy; Holly Louise Ference, to justice through the legal system.

If you are a motorcycle rider, a biker, or just a plain old law abiding citizen who thinks that justice needs to be done in a reprehensible case like this, please show your support by sending to the family an email to law@norman-law.com. We will pass on all emails to the family.

For mor information about the case go to www.martinallenlacy.com.

If you have any information about the case, the death of Martin Allen Lacy, or the defendant Holly Louise Ference, please contact the families legal representative as follows:

Norman Gregory Fernandez, Esq.
Attorney at Law
The Law Offices of Norman Gregory Fernandez & Associates
9909 Topanga Canyon Blvd. #188
Chatsworth, CA 91311
Phone: 818-584-8831 ext. 3
internet: www.thepersonalinjury.com
email: law@norman-law.com

The following is a letter written by Debra Lacy after the killing of her son:

I lost it 1 year ago, but it seems like yesterday.

In the early morning of Sept. 26 a Friday, my son woke me up to tell goodbye, give me a kiss and a hug, as he was leaving for San Diego to go to work, the time was 12:55am.

I told him I hated him leaving at this time, but he said it was better less traffic and all and that he would be very carful, and that he would call when he got there.

As always his dad was out checking his motorcycle, making sure that everything was good, lights, tires and tire pressure and brakes, gave him a hug and we watched him drive away, not knowing that would be the last time we would see him alive.

You should know that Martin has been riding since he was 2 maybe earlier, my favorite memory was seeing him in a diaper, tennis shoes, and a helmet jumping on his 70cc 3-wheeler trying to go after his dad at Glamis. He was a natural on 2 wheels 3 and 4 wheels, dirt and street.

He had a very good teacher who stressed safety first. The motorcycle that he was on he only had for a year, it was previously wrecked; he and his dad rebuilt it from the ground up with all new parts.

At 9:00am the morning of the 26th a very pregnant blonde lady was at our door asking if we were Martins parents. I said yes, but he wasn't home he was at work. Then she said the worst thing a parent will ever here, she was from the corners office. I wish those words on no one, our world fell apart.

She said that it was instant, he didn't feel a thing, then she said that he hadn't done anything wrong, that we should be happy about that, that someone hit him head on. We asked where and when it happened, she said at 1:05am and about 15miles from home on the canyon road. As a mom I wondered what took so long to contact us, she said because they could not find his ID, and that she had his backpack and did we want it. Of course, we wanted that and our son.

She gave us a business card on who to contact and then left.

Then the hell starts, as if we didn't have enough pain, thank god for our oldest son who stepped in and handled everything, even in his grief, but this was not going to be easy, it turned out to be a nightmare from the start and got worse, we were not allowed to see Martin until he was released to the funeral home where Matthew and his dad identified him.

The corner did an autopsy on Martin and said the cause of death was blunt force trauma to the head, no alcohol or drugs were in his system, and no other problems, death was instant.

As a mother I asked if the other person was hurt, they said no, and my reply was that's good. When we asked how this happened, they said she was passing someone and hit Martin head on. We didn't find out more until Matthew and Mark went to the scene and then went searching for the CHP officer that was at the scene at the time of the accident. That's when they found out that woman who killed Martin was 22 years old , crossed a solid yellow line on an incline passing a van with no windows, and that Martin probably never even seen it coming. We found out the killer was released at the scene of the accident to her parents, who took her to the hospital to be checked out.

She was released with only a field sorority test done, no ticket no drug test nothing. Where was a 22 year old woman going on a Friday night at 1:00am in the morning going in such a hurry? If the situation was reversed, Martin would have been arrested taken down, tested, and at the very least ticketed.

Here it is almost a year to exact 20 days before the date and Martin's killer still has not faced any consequences, not even a ticket, and here I am fighting the whole system for some kind of justice for our son MARTIN ALLEN LACY.

Where is the justice for my beloved son?

Debra P. Lacy
Mother of Martin Allen Lacy

By Biker Lawyer and California Motorcycle Accident Attorney, © 2009

Yes you heard that right. On Saturday there was a massive accident involving almost 30 motorcycles on the I-5 in the State of Oregon. I read about this accident just before I was about to ride my motorcycle to Lompoc, California for a Karate tournament.

The injured bikers were members of a motorcycle club who were riding together in standard two column (side by side) or “coffin” formation.

From the news reports that I have read and watched, it appears that one or two SUV’s in front of the motorcyclist either intentionally hit their brakes with no traffic in front of the SUV, or suddenly hit their brakes because of slowing traffic in front of them.

This caused a chain reaction pile up accident, or domino effect as the bikers apparently had no time to stop or get out of the way.

Many of the bikers were injured, and two were critically injured and were airlifted out.

From the news reports that I read, there were motorcycles scattered all over the freeway.

I have ridden in many packs of motorcycles, and what happened in this accident is everyone’s nightmare scenario. If the witness reports turn out to be true, and the SUV intentionally hit its brakes, then this would be attempted murder as far as I am concerned.

Some of you may be thinking that stuff like this does not happen, well it does. I had a client report to me today that a car load of what looked to him like street gang thugs, tried to hit him in the head with a baseball bat as he was riding his motorcycle in Los Angeles a few days ago. They were in a truck.

Hell, as I was riding yesterday, splitting lanes just before Santa Barbara going north on the 101, some asshole big rig truck driver must have saw me riding up, and purposefully moved his rig left to close off the center lane just so I could not pass. Had I been next to him, he would have taken me out. Other motorist saw what he did because they honked and one guy flipped off the big rig truck driver. It took me about 30 seconds before I could finally pass the guy. He was glaring at me as I looked up at his rig. What was this asshole thinking?

For some reason, some motorist do not think that bikers and motorcyclist have the right to ride on the roads, as everyone else, and they seem to get off on trying to take us out.

Now I do not know why the SUV’s braked in the case of the 30 motorcycle vehicle accident which is the subject of this article and op. ed. , but if it was on purpose to cause an accident, the drivers should be prosecuted to the fullest extent of the law.

What can be done to ensure safety while riding your motorcycle in a pack like this? The main thing that can be done is to ensure that the Road Captain, or the one leading the ride, makes sure that there is enough distance between the pack, and traffic in front of the pack to stop in case the vehicles in front suddenly stop. I wrote an article on group riding which you can read by clicking here now. My main rule is that the lead riders should not under any circumstances tailgate cars or other vehicles in front of the pack. There needs to be ample room. I have been in packs where the Road Captain was tailgating, and I just sat there waiting for the car to hit their brakes. I hate to be in the middle of a pack, I would rather be in the front, or rear, preferably the rear!

In a tight pack, everyone must use hand signals so that the people in back know what is going on to prevent just this type of scenario.

I am not saying that this accident could have been prevented, especially if the SUV purposefully hit the brakes to cause this accident, but there are things that can be done to make rides safer for riders in a group.

If you want to read a story about this accident that does not seem to be biased about the club members in this accident you may click here now to read it and watch a video about the accident.

May god be with the injured bikers and motorcyclist who were involved in this accident, and their family members. Bikers and Motorcyclist are human beings and deserve respect just like anyone else.

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

Just when you thought the infamous cash for clunkers program was dead, Indian Motorcycle has just announced their own version of the cash for clunkers program. Indian will offer $3,000 for your old clunker when you trade-in an old bike towards a new 2009 Indian Chief.

What is the catch? The trade in must be street legal, 100cc or larger motorcycle in running and ride-able condition; NO mopeds, scooters, or dirt bikes are eligible. Trade-in must have a clear title.

This program cannot be used in conjunction with any other program. Indian Motorcycle reserves the right to alter or terminate this program at anytime at their sole discretion and without notice.

All I can say about this program is wow! Imagine getting $3,000.00 for your old motorcycle on a new Indian Chief!

Head to the nearest Indian dealer and check out the Chief.

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

The Santa Clara County medical examiner's office Tuesday identified 52-year-old Scott Hudson as the motorcyclist killed in a fiery collision southwest of Morgan Hill, California on Monday afternoon.

Hudson was traveling north on Uvas Road, just north of Little Uvas Road, when a speeding Honda Accord heading south crossed the double yellow lines and collided head-on with Hudson at about 3:40 p.m., according to the California Highway Patrol.

Hudson, of Los Gatos, was ejected from the motorcycle and died at the scene.

The motorcycle burst into flames, spreading to the Accord and then to nearby trees, the California Highway Patrol said.

Michael Eazana, the 22-year-old driver of the Accord, was not injured in the crash and was arrested on suspicion of vehicular manslaughter and booked into the Santa Clara County jail. Eazana's passenger, a 20-year-old Morgan Hill man, also was uninjured in the collision.

The crash closed Uvas Road for three hours as Calfire put out the fire and the collision was cleared.

This is a horrendous accident that killed a biker and motorcyclist, and could have been prevented if the driver of the Honda Accord obeyed traffic laws. The driver of the Honda if found guilty should be sent to prison for killing a biker.

I send my condolences to the family of Scott Hudson, may he rest in peace. He was simply riding his motorcycle when the Honda crossed the double yellow and hit him head on.

If you or your family have been the victim of a motorcycle accident, or wrongful death anywhere in the State of California, give me a call for a free consultation at 800-816-1529 ext. 1., or you may go to my website at www.bikerlawyer.net and submit your case online for a free consultation.

Morgan Hill Motorcycle Accident Attorney

One June 13, 2009, one week before my 46th birthday, my fiancé drove me to my house to pick up my Harley Davidson Electra Glide so that I could ride it to our new home. Well, I decided to take a major detour so to say…… You know how it is :)

I heard that the Angeles Crest Highway to Wrightwood, which has been closed for basically the past 4-5 years was recently repaired and finally reopened.

This is one of my favorite runs of all time, and it is local. I thought that with the budget crisis in California, and the severity of how the road was washed out during storms many moons ago, that there was a possibility of never being able to do this run again in my lifetime. I have heard people spouting off about roads with twisties; well let them ride the Angeles Crest and tell me what they think!

I shot the below first person perspective video with my cell phone camera, a Samsung Memoir, in one hand, and holding on to the throttle with the other. I do not ever recommend anyone ever trying this or doing this at home. Although I am a motorcycle accident attorney and a biker lawyer, I have been riding motorcycles for over 30 years and let’s just say that I think I am a decent rider.

The beginning of the video shows some video of the staging area, a traditional stop before Newcomb’s Ranch, Newcomb’s Ranch, my secret spot at 8,000 feet above sea level, and then some kick ass first person riding footage. The end of the movie is kind of a surprise.

Tell me what you think!

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

Growing up here in Southern California, especially in the San Fernando Valley, and living many years in Hollywood, I could not help but being in the middle of the celebrity scene as a kid and as an adult. I am not going to sit here and talk about who I know, who I have hung out with, or who I have partied with. Let’s just say I am from here, and I grew up here. I have been right in the middle of the action so to say.

With that being said, it has been one hell of a shitty week for me, and fans all over the nation and the globe because this week we have lost 3 icons in the entertainment industry; Michael Jackson, Farrah Facett, and Ed McMahon. You can read things about each of them all over the Internet written by entertainment industry experts.

You may wonder why I am posting an article about three celebrities who have died, and that are seemingly unrelated to motorcycles or bikers here on the Biker Law Blog; it is simple, each of these three celebrities have touched me in some way in my life, and I offer my forum to pay tribute to each of them.

Michael Jackson, controversial as he was, was one hell of a singer and entertainer who transcended race. I remember as a kid listening to the Jackson 5, and his other musical hits later on. Yes I am into Rock & Roll, but I am also in to other music as well. Lot’s of entertainers try to emulate Michael Jackson, but let’s face it; no one has or will come close! CLICK HERE TO SEE AND HEAR MICHAEL JACKSON; ONE HELL OF AN ENTERTAINER.

Farrah Fawcett, well all I can say about her is that I was in love with her from the first moment I saw her poster. She was absolutely fine. I remember all of the San Fernando Valley Girls (Valley Girls) feathering their hair trying to emulate her. As a matter of fact, all of us dudes were doing the same thing in the 70’s. Hell my ex wife still feathers her hair the same way. Farrah was one hell of a female specimen who again has been emulated but will never be duplicated.

Ed McMahon was one funny dude. As a kid I grew up watching the Tonight Show. Obviously Johnny Carson was funny as hell, but Ed McMahon cracked me up. He was the unique sidekick that basically formed the other half of the tonight show. He was and is revered by millions.

It has been one horrible week here in Southern California. May our celebrities go with god.

By Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez

DUBLIN – California

The driver of a white BMW 2004 linked to a hit-and-run accident Monday evening on northbound Interstate 680 has turned herself in, according to the California Highway Patrol.

Sobhanieh Mostakhdemin, 25, of San Mateo, turned herself in Wednesday afternoon at the CHP's Dublin office and was arrested on suspicion of reckless driving and leaving the scene of an accident that caused injury, CHP Officer Steve Creel said.

Motorcyclist Robert Demartino Jr., of Livermore, was hit Monday on northbound Interstate 680 near Sunol Boulevard in Pleasanton, Creel said.

Witnesses said the driver of a white BMW had been traveling at more than 100 mph, nearly colliding with several vehicles. The driver began closely following a 2005 Chevrolet SUV before a curve in the highway, and Demartino was just ahead on a 2007 Suzuki GSX-R750.

The BMW struck the motorcycle's rear wheel and Demartino was thrown to the pavement, where he hit his head, Creel said. Demartino was taken to Eden Medical Center in Castro Valley, where he is listed in stable condition.

The BMW struck both the SUV and Demartino's motorcycle, but only Demartino was injured, Creel said.

Creel credited two eyewitnesses with getting the BMW driver's license plate number, which he said led officers to Mostakhdemin.

This women should be put in prison for a long time. She is a danger to society and bikers!

Gilroy - California

An unidentified 40-year-old Gilroy male was killed Tuesday evening after colliding with an SUV and an unidentified pickup truck in a hit-and-run accident.

The accident happened around 5:50 p.m. on the corner of Watsonville Road and Redwood Retreat Road.

Silver 2005 Silver Toyota Tacoma TRD Sport SUV, driven by a 31-year-old Santa Cruz woman, was traveling southbound on Watsonville Road at an unknown rate of speed and attempted to turn right onto Redwood Retreat Road, according to the California Highway Patrol.

A silver and black 2008 Honda Interceptor motorcycle was stopped at the stop sign on Redwood Retreat Road with an unidentified white Nissan pickup behind the motorcycle at the stop sign. As the Tacoma made an unsafe turning movement, it failed to maintain its lead and crossed over the solid double yellow lines of eastbound Redwood Retreat Road, impacting the motorcycle head on and forcing the bike to crash into the front end of the pickup.

The driver of the motorcycle was pinned underneath the right side of the motorcycle and was pronounced dead at the scene by Santa Clara Count Fire Paramedics. The roadway of Watsonville Road and Redwood Retreat Road was partially obstructed for about two hours. Driving under the influence is not suspected, and no arrests have been made as of Wednesday morning.

Police are still looking for the pickup that left the scene. Anyone with any info can call the Hollister-Gilroy CHP office at 848-2324.

These are just a couple of the many motorcycle accidents that happen in the State of California, and that usually only the family, friends, victims, and medical workers know about. I am putting these accidents on the Biker Law Blog just to remind everyone that riding season is upon us.

People in cars must remember to watch out for bikers and motorcyclist. We have a right to share the road just like everyone else.

If you or a loved one has been in a motorcycle accident anywhere in the State of California, you may call us for a free consultation 7 days a week, 24 hours a day at 800-816-1529 ext. 1.

California Motorcycle Accident Lawyer

Well here I am again, another birthday, I am now 46 years old. I must admit, it seems like the birthdays come much faster now than they used to. I guess I can finally accept the fact that I am getting old.

I have heard the bullshit about how the new 40 is the old 30, and the new 50 is the old 40. I have also heard the bullshit about "you are as only old as how you feel."

Bottom line, I ain’t what I used to be at 30, and there is no getting my youth back. I do feel great, but I am still getting older, and no bullshit saying is going to change that, so I am going to make the best of it, I have no choice right.

Hell, I am probably in much better shape than most 46 year old men. I am clean and sober. I gained some weight when I quit smoking over a year and a half ago, which I have since lost. I am now down to the same weight that I was when I played High School Football at Chatsworth High School. I work out six days a week and do 50 minutes of cardio each of the six days. On the seventh day of rest I still walk 30 minutes. I also practice martial arts and do Tai Chi as well. God willing, my body will hold up, and I will continue to be able to work out, because working out makes me feel great and is a great stress reliever.

Looking back at the past, I am not going to bullshit you; I would change a lot if I could. Many people say they would not change a thing in their past because it is what made them who they are today. I think they are BS’ing themselves. In the end there is no going back and changing your past. All you can do is try to learn from your past mistakes so that you do not repeat them, and move on.

I have had one hell of a life so far. I grew up much faster than most people. You can read a little about my past by reading what I wrote on my 45 birthday by clicking here.

This past year has been excellent. God has been real good to me. There have been some rough spots, but all in all it has been a good year. I know the economy sucks and many people are hurting. My business has suffered as well this year. Happiness is much more then just money, it is your relationships with people that count.

As I contemplate beyond today, all I can say is that the future looks good. I am going to try to make each day that I have on earth day count for something. What really gets me off is helping people; that is why I became an attorney in the first place. God willing, I hope to help many people this year.

It is now June 20, 2009. I was born at 9:21pm, 46 years ago tonight. Another birthday has come and gone. I am hoping to have one hell of a good ride tomorrow with friends.

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

*** August 18, 2009 Update.

Billy Lane got 6 years in prison and probation after he gets out. Look for a new article on the subject soon.

*** June 17, 2009 Update.

Billy Lane's plea of guilty to vehicular homicide was accepted by the Court last week. He will remain free until his next Court appearance on August 14, 2009, when he will be sentenced. It is said that he will probably avoid prison. Part of the plea deal mandates a lifetime suspension of his drivers license in Florida, however he could petition the Florida department of Highway Safety and Motor Vehicles for a hardship licence.

He faced up to 15 years in prison, however according to published reports his plea deal mitigates his maximum possible sentence to 9 years. He may also be sentenced to house arrest or probation.

In June 2002, motorcycle builder Billy Lane of Melbourne Beach, Florida was on top of the world. He sold custom-built motorcycles at $30,000 to $40,000 a piece. He gained fame and celebrity status through various reality TV shows. He was subsequently was invited as a featured guest to motorcycle shows and festivals all over the United States and beyond.

Now Billy Lane who is 39 years old, is facing up to nine years in prison on a single felony charge of vehicular homicide in connection with a Labor Day 2006 car crash that left a Gerry Morelock, a Melbourne Beach, Florida man, a motorcyclist, dead.

After several delays, Lane is expected in court Tuesday morning to change his not guilty plea to “no contest.” He would then be sentenced on Aug. 14, 2009, at 9:00am.

"We did get the written plea agreement in," defense attorney Greg Eisenmenger told several newspapers. "Based on my review of it, I don't anticipate any problems. I anticipate we are good to go Tuesday."

Lane was charged two years ago with one count of DUI manslaughter in connection with the 2006 traffic accident in which Gerry Morelock, 56, died.

Police said Lane's blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass slow traffic on State Road A1A south of Melbourne Beach, Florida. He crashed his Dodge pickup head on into Morelock's small Yamaha motorcycle on Sept. 4, 2006, police said.

In light of ongoing legal discussions over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove that Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter.

Both charges are second-degree felonies in the State of Florida, punishable by up to 15 years in prison.

But under the terms of the plea deal, Eisenmenger said prosecutors will drop the DUI manslaughter charge. Instead, they will seek a nine-year prison term for the vehicular homicide charge, a term Lane is eligible for under state sentencing guidelines when his prior criminal record is considered.

Eisenmenger will seek a sentence that calls for no time in prison. "We believe there are mitigating factors in this case. . . . And we're going to be presenting those to the court at sentencing," he said.

Since the crash, Lane's public persona has suffered, but he still seems to be popular at biker and motorcycle events.

A message on his motorcycle shop's Web site says the shop is closed to the public, though merchandise is available for purchase online. Court records indicate that Lane's Melbourne Beach, Florida home is going through foreclosure.

Lane reached a confidential out-of-court settlement on a wrongful death suit filed by Morelock's family. Also, records show that Erin Derrick, a 22-year-old woman who was in the car with Lane at the time of the crash, is suing him for injuries she says have rendered her unable to work.

If Billy Lane does change his plea to no contest tomorrow, I will comment more on this issue at that time. Everyone who reads the Biker Law Blog knows how I feel about people who kill bikers and motorcyclist.

California Biker Lawyer Norman Gregory Fernandez, Esq., 2009