Motorcycle Safety Tips Blog

Some of my readers have reported seeing motorcycle safety messages on signs all over California. This intrigued me so I looked into it.

It appears that it is true; the California Highway Patrol has started a campaign to make motorists more aware of motorcycles. The message, “Share the road, look twice for motorcyclists,” is being shown on over 700 electronic signs across the state.

I along with probably tens of thousands of California motorcyclists, applaud the California Highway Patrol, the Office of Traffic Safety and Cal-Trans for recognizing the importance of motorcycle safety, and for utilizing this very effective medium to promote highway safety.

I hope that these signs will continue to be used to display motorcycle safety messages. I think that these messages being shown to literally millions of motorist all over California will make everyone more aware of motorcyclist, and may even create some cognitive behavior changes in cager’s reactions to motorcyclist. Who knows?

On a stretch of the 405 freeway, where just one of the hundreds of signs is located, it’s estimated that 250,000 vehicles pass through every day.

By California Biker Lawyer 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

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 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 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

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

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

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

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

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

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

I was reading a story whereby a 14-year-old girl from Woodacre, California was airlifted to an Oakland hospital Sunday afternoon after a collision between two off-road motorcycles in Novato.

The girl suffered head and internal injuries in an undeveloped lot near the junction of highways 101 and 37 and was flown to Oakland Children’s Hospital by helicopter, said Novato police Lt. Dave Jeffries. Her name has not been released because she is a minor.

The dirt bikes collided on a relatively flat trail at about 1 p.m., and Novato fire personnel arrived a few minutes later.

A 15-year-old male was on the other motorcycle and suffered a minor hand injury, He was not transported to a hospital, Jeffries said.

Fire Capt. Jeff Whittet said the girl was wearing a helmet but suffered moderate to severe injuries. She was conscious when rescuers treated her at the site.

“I would say they didn’t hit head-on but they crossed up their handlebars,” Whittet said.

The undeveloped Hanna Ranch site, about 4 1/2 acres just south of the Vintage Oaks shopping center, is popular with off-road motorcyclists. A 62,000-square-foot office complex has been approved there but construction has not begun.

The story got me thinking about some cases I have had involving off road motorcycles and other off road sports vehicles. It also got me thinking about a story my friend Scott told me about his son having multiple bad accidents on dirt bikes.

Most people do not realize that you can purchase insurance to protect yourself and your loved ones while they are riding off road vehicles such as dirt bikes, dune buggies, golf carts, snowmobiles, and all terrain vehicles. (ATV’s) as a matter of fact it would be dumb to engage in off road motor vehicle activities without insurance because to be frank, there are many off road motor vehicle accidents, but you never hear about them because they go unreported.

Most off road motor vehicle insurance policies cover: Collision, Liability, Medical, Safety Apparel Coverage for damage to any clothing designed to minimize damage from an accident, including helmets and goggles, Optional Equipment Coverage including towable trailers or sleds made for use with an ATV or snowmobile, and more. You pay to cover yourself in your street car, truck, or motorcycle; it only makes sense to protect yourself and your loved ones with off road vehicle insurance. You can find insurance companies providing this type of insurance all over the Internet. Do a search on Google, MSN Live, or Yahoo to find them.

Here are some basic off road safety tips. When You Ride the Trail, Put Safety First!

Think ahead.
Ask your local dealer about the laws and regulations in your area. Do your best to preserve the areas where you ride, and be sure that you only ride where off-road vehicles are permitted. Read your owner’s manual. Then make sure you take your manual, a small tool kit and essential spare parts with you whenever you ride.

Gear up.
For optimum protection in case of an accident, always wear a DOT-approved motorcycle helmet, eye protection, a sturdy jacket, long pants, over-the-ankle boots and gloves.

Practice.
Find a safe place to practice braking, turning and improving your reaction time to help improve your skills and make you a better – and safer – rider.

Learn more.
Improve your riding skills by taking a training course. Make sure your vehicle is properly licensed or registered. Choose a vehicle that is appropriate for your age and ability.

Stay off paved roads.
Remember that off-road vehicles are meant for operation off pavement and public roads. These surfaces may not only be illegal, but dangerous. Your off-road vehicle may be difficult to control on pavement, which could result in an accident.

Maintain control and stay sharp.
Keep your speed right for the conditions and your experience. Be aware of current terrain, visibility and weather conditions, potential hazards or obstacles. Ride only when your senses are sharp. Never do drugs or drink and then ride.

Check it out.
Be sure to check that your off-road vehicle is running properly before hitting the trail. Always check controls, lights, fuel and oil levels, switches, chain, driveshaft, tires and chassis before you head out. Follow the recommended service schedule for your off-road vehicle and be sure an authorized service provider makes all repairs.

Go it alone.
Never carry a passenger on your off-road vehicle unless the vehicle is designed with an appropriate passenger seat. Additional weight can greatly affect the handling of your off-road vehicle and potentially cause loss of control. It’s a good idea to take a buddy along, only on their own vehicle.

Know you’re protected>
Be sure you have proper insurance coverage to protect your vehicle and provide liability coverage in case someone gets injured or property is damaged during the use of your vehicle.

Off road motor sports can be very fun and exciting for the whole family. Exercising proper safety and insuring yourself against loss will make it that much better!

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

My fiancé and I had a great time riding with some of my club brothers and friends Sunday. It was a great Sunday. A friend and I decided to take off and ride to Angeles Crest from Marina Del Rey.

We rode the 10 freeway, east, to the 110 north, to the 5 north, to the 2 north, headed toward the 210 and the Angeles Crest Highway.

Some idiot for some odd reason seemed to intentionally almost hit me from behind. Maybe he does not like bikers? It happened so fast, the only thing I could do is turn my head to give the guy a stare. I was wearing a full face modular helmet, with my sunglasses on underneath, but I am sure the way I zipped my head around this guy knew that I knew what he was doing.

Instead of backing off, he kept coming. Mind you, my friend and his old lady were behind the car at this point and could see everything. My old lady was riding shotgun on the seat behind me. I moved to the extreme left part of the lane to avoid being hit by this asshole.

He then proceeded to pass me “IN MY LANE.” I looked over and saw what I think was a Korean guy. He proceeded to “stare me down” while he was in my lane and I was in the extreme left portion of the lane.

I knew if I kept staring this guy down, he would have probably swerved over and taken my old lady and I out. This asshole basically assaulted us with a deadly weapon. I am quite positive that under the circumstances, I could have used deadly force against this asshole because he almost killed us, and he used his car as a deadly weapon against us.

I slowed down, and he accelerated and took off. I tried to get his license, but I could not. He was in a Black Lexus.

If any other bikers near the 5 and the Glendale Freeway have been the victim of an Asian guy driving a Black Lexus, let me know.

I have been riding motorcycles on public streets for around 28 years, and have never had such a bizarre incident happen to me before while riding. Especially when I have my old lady on the back of my motorcycle.

My fiancé and my friend probably do not realize how close this asshole came to taking us out. Lesson learned and reiterated; motorcycle v. car = motorcycle losing. Thank goodness, I kept a cool head and simply let this asshole pass.

My friend's old lady was not feeling well so they went home. My old lady and I ended up freezing our buts off on a ride up to 8,000 feet and Newcombs Ranch, for a late lunch next to their fireplace, alive to ride another day thank god!

By California Motorcycle Accident Lawyer, Norman Gregory Fernandez, © 2009

Chatsworth, California –

American Suzuki Motor Corporation announced that an extraordinary safety defect in 2005 and 2006 GSX-R1000 model sport bikes has been causing cracking and breakage in the front wheel/fork assembly and behind and below the steering neck of the motorcycle. Frame fractures are serious safety defects that destabilize and otherwise adversely affect the handling and maneuvering characteristics of motorcycles so as to make it nearly impossible for even the most experienced and talented riders to avoid a catastrophic crash.

This is a urgent safety problem. If you have one of these motorcycles DO NOT RIDE IT. CALL YOUR LOCAL SUZUKI DEALER NOW. IF YOU HAVE BEEN INJURED DUE TO THIS DEFECT CALL US NOW AT 800-816-1529 EXT. 1.

The defect in the frame of the Suzuki GSX-R1000 sport bikes is so significant that it has caused the entire front steering assembly to completely separate from the body of the motorcycle while unsuspecting drivers were in the act of operating this dangerous machine! If you or a family member has sustained injury while operating one of these Suzuki sport bikes, call the our law office at (800) 816-1529 ext. 1, so that our experienced team of trial lawyers can help you pursue compensation for your harm.

Suzuki, perhaps unsurprisingly, has refused to take responsibility for manufacturing and selling such an incredibly defective sport bike. Suzuki Motor Corporation has instead attempted to point the finger at the purchasers and drivers of their motorcycles, claiming that the cracking and breaking of these frames is attributed to reckless drivers who engage in dangerous stunts and illegal driving activities which places an unusually high amount of stress on the frame of the motorcycle.

However, Suzuki has initiated a recall campaign as of late January, 2009, in which the company will either replace broken and cracked frames or retrofit affected bikes with a brace to minimize the potential for frame cracking and breakage. This massive recall covers more than 26,000 model year 2005 and 2006 GSX-R1000 motorcycles!

If you own or ride one of these Suzuki sport bikes, you should have already received a notification letter from Suzuki explaining the possible safety defects in the frame and requesting you to return your motorcycle to a Suzuki dealership as soon as possible. Suzuki also asked its individual dealerships to attempt to personally contact customers and inform them of the recall initiative. It is of the utmost importance for all owners of a recalled sport bike to trailer the motorcycle to a Suzuki retailer before any future operation of the bike is undertaken.

A word to the wise: Do not be fooled! The frames of the recalled GSX-R1000’s may have cracks that are so faint they are not visible to the naked eye. Even the slightest of hairline cracks can lead to partial or total separation of the frame while driving. Furthermore, frames that are currently defect free may, at any moment, sustain a crack or break which can cause you and your bike to become painfully familiar with the asphalt.

Under the rules governing this recall, Suzuki must abide by guidelines approved by the National Highway Traffic Safety Administration for inspecting and remedying the dangerous sport bikes. Specifically, if Suzuki does detect any sort of crack or breakage anywhere in the frame, the company must replace the frame with a new frame that is equipped with a reinforcement brace. In the event that Suzuki does not detect any damage to the frame, a reinforcement brace must be attached to the current bike frame using bolts and epoxy adhesive. In order to provide for the safety of yourself and others, it is critical that owners of 2005 and 2006 model year GSX-R1000’s take immediate action in response to Suzuki’s recall campaign!

Suzuki claims that the reinforcement brace is made of lightweight, slender aluminum that will not affect the appearance, handling or performance of your motorcycle. Additionally, the company is providing a five-year warranty covering the frame and brace, effective as of the date of the brace installation.

If you own a motorcycle that is covered by this recall initiative, the inspection and appropriate repair or replacement will be done free of charge. However, Suzuki has noted some forms of service and repair that will not be covered under the recall. For example, customers will have to shoulder the cost of repairs attributable to crashes or other similar incidents caused by the safety defect.

If a family member has died or you or a family member has been njured while operating a Suzuki GSX-R1000 sport bike, my law firm, The Law Offices of Norman Gregory Fernandez can see to it that your legal needs are fully and carefully represented, so that you can get the compensation you are entitled to. You may call our hotline at 800-816-1529 ext. 1 for a free consultation now.
Visit the links listed below to view the Suzuki Customer Notice and Consumer Affairs Information regarding Suzuki’s recall campaign.

http://www.suzukicycles.com/Recalls/pdf/GS_GSX_GSXR_192_WebsiteLetter.pdf

http://www.consumeraffairs.com/recalls04/2009/suzuki_gsx.html

By Defective Motorcycle Personal Injury Attorney

It is winter time in the good old USA. In many parts of the country, many bikers and motorcyclist have their motorcycles in winter storage until the weather gets better. In other parts of the country, motorcycles have been sitting for weeks or months just waiting for the weather to get better so their owners can ride again.

When it comes time to ride again, some bikers and motorcyclist may have been off of their motorcycles for weeks or months. This is when you need to be most careful!

Riding a motorcycle is not like riding a bicycle as the old saying goes. In order to ride a motorcycle safely, you must ride consistently. Even being out of the saddle a couple of weeks can make you rusty.

How many of you have done a thousand mile plus, multi-day motorcycle run? Is it not true that after a few hundred miles you are sharp as steel on your motorcycle? The reason you are as sharp as steel is because you are on your motorcycle riding.

The more you ride, the better you get. The less you ride, the rustier you get. It is as simple as that.

The worst possible thing you can do if you have been out of the saddle for some amount of time, is to jump back on and ride like a bat out of hell. It takes a bit of time to re-acclimate yourself to your motorcycle and riding in traffic.

I know a guy who builds motorcycles for a living. Due to health issues, he did not ride his motorcycle for a few months. What did he do, as soon as he got back into the saddle on his motorcycle? He rode like he never took any time off. He promptly almost lost his ass due to his accelerating too fast through a water puddle in an intersection. Not only was he embarrassed, but he pulled his back out trying to keep the motorcycle up. This experience actually caused him to quit riding.

I have seen lots of bone head moves on motorcycles. Most if not all of them can be avoided by exercising simple safety measures and discretion.

So if you have been out of the saddle for a bit of time. Take it damm easy and get re-acquainted with your motorcycle.

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

This article is by Guest Contributor Greg N. of MotoYard.com.

I talk to a lot of people who say, “why should I upgrade my suspension, I don’t race”, well there are many other very good reasons why you should upgrade, most important one being safety. I can’t tell you how many times I thanked myself for upgrading mine.

Whether you ride a Harley or a Suzuki GSXR, there are upgrades available and they are similar on both types of bikes. For cruisers there are plenty of choices - Progressive Suspension, Works Performance, Race Tech to name a few. For sport bikes there are choices as well with Penske, Race Tech and of course Ohlins among others.

So what is the difference between your stock suspension and an aftermarket one? Well, it’s always safe to assume that aftermarket is better, because although the manufacturer wants to put out a good bike, they do try to cut costs, so of course they cut corners, and the only thing an aftermarket manufacturer can do is improve (otherwise why would anyone buy it). There are very few manufacturers that use good components, like Ducati, but instead of spending $20K on a Ducati, you can have the same suspension for much less on pretty much any bike. Most stock forks (made by Showa or other manufacturers) are damper rod forks, with aftermarket forks you get cartridge forks. Although most newer sport bikes come with cartridge forks, they use wimpy springs that can’t compare to an Ohlins fork for example. One thing to remember is that most newer bikes will have a much better suspension than its older counterpart. For example the 2008 Yamaha R1 shock is a much better shock than say, the 2006. What a lot of people don’t know is in a lot of cases the shock on the newer model bike will fit an older one just fine. What that means is you can go to a site that has used motorcycle parts, like eBay.com or Motoyard.com and find a used one for much cheaper than you would pay for an Ohlins shock. A lot of people will replace their brand new shocks with an aftermarket one and sell the stock one for cheap.

Another way to go is of course to get those expensive aftermarket components. In my personal experience there is no comparison, no matter how good the manufacturer says they made the suspension that year. A really nice rear shock can run you over $1000 new, and so can the front forks. On some bikes you have some options, instead of replacing the whole fork, you can replace the internals (the cartridge). There are companies that will build the forks for you like Race Tech, but you can usually go to any competent bike shop and they can change the fork internals for you. This is not a very simple job to do on your own, since the springs are under pressure and there are many little pieces that tend to get lost. As for replacing the rear shock, you can probably do it yourself, with a help of a friend. Most times, it’s just one or a few bolts that you need to take out (top and bottom of the shock) and while your friend is holding the bike up by the seat (since it’s not attached to the swingarm or wheel with the shock, it’s pretty light), you can pull out the old shock and put a new one in, in about 20 minutes.

Another great thing about aftermarket shocks and forks is that they are adjustable. Yeah, the manufacturers claim theirs are adjustable too, but if you have ever tried to adjust your compression or rebound on your stock forks, you will probably notice that the changes are so small, they are barely noticeable. With an aftermarket shock and forks you will definitely notice the difference.

So the question still remains: why do you need a new suspension? Well, if you race, you know the difference it makes on the track. If you don’t, what you get is a much safer bike on the street. Aftermarket shocks will not “bottom out” as easily when you hit a bump and your bike will feel much more predictable in turns. You also will have much better braking feel and performance. What is predictable? Well, when you are in a middle of a turn, and you hit a bump, you don’t expect or want your bike’s front wheel to skip and go in another direction. With a good suspension you can minimize those times, we all had, when we wonder if we might have been going a little too fast into that turn.
So, is it worth spending thousands of dollars on new suspension? In my opinion - Yes. If you are looking to do it on a budget, and you have an older model bike, find out if a newer model bike has a better suspension and see if it fits yours – you can probably upgrade for a quarter of the price or less.

By Greg N. of Motoyard.com.

If you want to write an article for The Biker Law Blog which gets well over 100,000 hits per month, please email your article to me at Norman@norman-law.com.

Thanks,

Biker and Motorcycle Accident Attorney

Oakland has spent $15,000 on mufflers to make their police department's Harleys safer -- and noisier than federal standards. Chronicle photo by Kat Wade

Over in Oakland they like it loud - so loud that all 45 of the Police Department's Harley-Davidson motorcycles have been equipped with shiny new tailpipes, at a cost of $500 apiece, to rev up their roar.

It seems the cops just didn't feel safe on toned-down bikes.

"There's an old motorcycle adage that you are heard before you are seen," said Deputy Chief Dave Kozicki, explaining the department's decision to toss the bikes' muted factory-issued mufflers in favor of the more high-volume pipes.

Kozicki cited an accident three months ago in which an Oakland officer riding a toned-down cycle was struck by a motorist who said he hadn't heard the officer approaching.
But some City Hall insiders, as well as motorcycle cops elsewhere, said the safety argument is a stretch.

Even the folks at the national Motorcycle Industry Council, which represents all the big bike manufacturers, were unaware of any safety benefits from louder mufflers.

"We encourage all motorcycle riders to keep the original low sound levels that meet the ... federal sound limit of 80 decibels," said industry spokesman Mike Mount. "It would seem counterintuitive that a law enforcement agency would go against federal standards."
Ironically, it was just a short time back that Oakland police were called upon to crack down on noisy motorists who had modified their auto mufflers to make a whistling screech. The "whistle tip" pipes were eventually outlawed under state law.

Oakland's cops had a long tradition of riding their Harley-Davidsons with the modified, louder tail pipes, earning them the nickname "Rolling Thunder." But after an officer complained about a loss of hearing and others around town questioned whether the police force was violating the very noise standards it was supposed to enforce, the department brass ordered a switch to the quieter stock mufflers.

According to Kozicki, the decibel drop sparked a chorus of complaints from other officers, who said they felt less safe.

So last year the department launched a $1,200 study in conjunction with the city's risk management division to determine whether A) the louder motorcycles contributed to officers' safety, B) were detrimental to their hearing, and C) complied with noise standards.

Kozicki acknowledged that whatever safety-related findings the study produced were largely anecdotal. Still, after everything was taken into consideration, the department concluded "it was in the best interest of the officers to put more-audible pipes back on," Kozicki said.

Hence, all 30 of the department's Harleys were sent down to the central maintenance yard for a muffler makeover, at a cost of about $15,000, according to City Hall insiders. Another 15 newly purchased motorcycles were ordered with the louder pipes, though at no extra charge.

Oakland officials acknowledge that the noisy pipes, when tested, averaged 93 decibels - well above the federal legal noise limit, according to the Motorcycle Industry Council.
But city Finance Director Bill Nolan, who oversees the risk management division, isn't alarmed.

"If they were riding eight straight hours, it would be a problem," he said. "But they aren't."

Oakland California Motorcycle Accident Lawyer

Well everyone who knows me personally, or reads the Biker Law Blog, knows or should know that I sometimes embrace controversial topics. I am sure this article will be one of them.

So now I will pose the question; should you stop riding your motorcycle when you reach a certain age?

I recently read a book written by a gentleman named Ted Simon, called “Dreaming of Jupiter,” wherein the then 69 year old Ted Simon (a.k.a. Jupiter) rode around the world in a two year period. He had a couple of accidents along the way, one requiring surgery. However this man did ride around the world! (I will be reviewing his book in the Biker Law Blog soon.

There are a couple of indisputable truths; on average our bodily functions and senses start decreasing after 40 years of age, and the fatality statistics for motorcycle riders over 40 years of age who are involved in a motorcycle accident have risen alarmingly over the past few years.

Hell I just turned 45 years old myself this past June. I know I am not the same man that I was in my twenties or thirties, but I can pretty much still kick some ass, as can many of you if you know what I mean :)

Nonetheless, a long time motorcycle rider just signed up with my firm who has been riding motorcycles for over 50 years without a single accident; not a single one! Then one sunny afternoon as he is riding with a pack of 8 motorcycles, one of which was his son, and another, a former client of mine and a good friend, then bam, lights out, life flight helicopter, major injuries, stuck in a hospital in a medically induced stupor, well you get the picture.

For some reason this particular accident got me to thinking about my own safety on a motorcycle and whether I should retire from riding motorcycles at a certain age. Don’t get me wrong, I am a life long motorcycle rider, and could not imagine ever living without being able to ride a motorcycle.

My life experience riding motorcycles and my experience as a renowned biker and motorcycle accident lawyer in the State of California have definitely changed the kind of motorcycle I ride and the way I ride motorcycles. For instance, I now wear a modular flip up full face helmet 99.9% of the time while I am riding (in the past I wore no helmet or just a beanie), even though the guys I ride with are all wearing beanie helmets. I mostly ride with a full leather jacket on no matter what as well.

The cost/benefit ratio is just not palatable to me in case I am in an accident, i.e. losing my face in a crash as opposed to wearing a full face helmet, etc.

Getting back to the subject, should I stop riding motorcycles at a certain age, should anybody? We all know or have heard the stories about the old men and women who take out a crowd on a sidewalk in their car, or have caused accidents when they hit the wrong peddle in their cars.

On a motorcycle there are no second chances in most cases, especially for older riders who on the average have a harder time recovering from injuries than younger people. On a motorcycle, you must be sharp, have all of your faculties, and be able to function better then you would driving a car. Your life depends on it.

I have ridden in packs for many years. I can tell you without a doubt that there are many guys and gals riding motorcycles today, that should not be riding motorcycles, and that would probably fail a motorcycle riding test if they were given one.

If you are reading this, you may come to the realization that I may be talking about you! I hope not!

Riding a motorcycle requires constant practice to stay on top of your game whether you are young or old, but as you age the odds become stacked against you.

I read many biker websites and Internet forums related to bikers. It blows my mind that most of the people on these sites seem to spend more time writing about what a bad ass biker they are, then actually riding! How can they possibly be up on their game when they are sitting on their ass 7 days a week for hours at a time on an Internet chat room talking about riding?

Anyway, as for me, I have contemplated whether I should stop riding at a certain age. For me riding a motorcycle will always be fun, however, I have decided if there ever comes a time when I am a danger to myself in the saddle, I will hang it up. Hopefully if and when this time ever comes, I will realize it without having a motorcycle accident! I hope this time never comes, but if I do live to be an old man which I hope I do, it will inevitably come!

I hope the same for all of you too. Hell there was a guy from Australia in his 70’s that broke several land speed records on an Indian at the Bonneville Salt Flats. He even went down once. Even he questioned whether he was getting too old!

Why am I writing this article, well because I actually care about people? I would rather see you all safe than as a statistic.

I really would appreciate your comments on this subject.

By California Motorcycle Accident Attorney Norman Gregory Fernandez, © 2008

Here is a video which demonstrates a classic cager v. motorcycle scenario whereby a cager cuts off a motorcycle and causes the motorcycle to crash, probably causing severe personal injuries to the motorcyclist.

First off there is no excusing the cager whatsoever for causing this motorcycle accident. The car has a duty of due care to ensure that there is no one in the other lane before changing lanes. The video clearly shows that the biker owned the lane, and was clearly not at fault in this accident. I handle motorcycle cases such as this on a daily basis. Most of the time there is not video like this to show what actually happened in a motorcycle accident.

From the video it appears at least to me that the accident could have probably been avoided had the biker been riding slower. You may agree with me that it appears that the car took a bit of time before the biker hit the car. Had the biker been going slower, this accident probably could have been avoided.

What is the lesson learned by this video; Ride like you are invisible. If you are on city streets or highways, anticipate that some idiot is going to cut in front of you in their car. Ride defensively and always try to leave yourself a way out.

Obviously, there are times when there is flat out nothing that you can do, however, the lesson of this video is that riding slower on city streets and highways where cars and cagers will be entering and changing lanes may save your life!

By Norman Gregory Fernandez, Esq., © 2008

Last year around this time I wrote an article about May being motorcycle safety awareness month, which you can read by clicking here now.

Although it is not quite May, 2008 yet, as my fiancé and I get ready to ride to Laughlin, Nevada for the Laughlin River Run ( you can read an article about last years run by clicking here now. ) and with the weather being so good here in Southern California, and Nevada, I know there will be bikers and motorcyclist out riding by the tens of thousands over the next week!

Keep it safe people. Motorcycle Safety means inspecting your motorcycle, wearing proper motorcycle riding gear, and riding defensively on the road.

Just because I am a Biker Lawyer and I handle many motorcycle accident cases, does not mean that I do not like to have fun out there myself. Yes, I too may give my Electra Glide a bit too much throttle from time to time, and yes I too may take off the helmet while riding in Arizona over the next week, but nonetheless, I will still be careful and cognizant.

Bottom line, be safe on your motorcycles ALL OF THE TIME people. The month of May was meant by the NHTSA to make you aware of safety. I say motorcycle safety is a full time gig!

By Norman Gregory Fernandez, Esq., © 2008

Operating a motorcycle takes different skills than driving a car; however, the laws of the road apply to every driver just the same. A combination of consistent education, regard for traffic laws and basic common sense can go a long way in helping reduce the amount of fatalities involved in motorcycle accidents on a yearly basis.

Here is a checklist that every motorcycle rider should follow:

Always wear a helmet with a face shield or protective eyewear — Wearing a helmet is the best way to protect against severe head injuries. A motorcycle rider not wearing a helmet is five times more likely to sustain a critical head injury.

Wear appropriate gear — Make sure to wear protective gear and clothing that will minimize the amount of injuries in case of an accident or a skid. Wearing leather clothing, boots with nonskid soles, and gloves can protect your body from severe injuries. Consider attaching reflective tape to your clothing to make it easier for other drivers to see you.

Follow traffic rules — Obey the speed limit; the faster you go the longer it will take you to stop. Be aware of local traffic laws and rules of the road.

Ride defensively — Don’t assume that a driver can see you, as nearly two-thirds of all motorcycle accidents are caused by a driver violating a rider’s right of way. You should always ride with your headlights on; stay out of a driver’s blind spot; signal well in advance of any change in direction; and watch for turning vehicles.

Keep your riding skills honed through education — Complete a formal riding education program, get licensed and take riding courses from time to time to develop riding techniques and to sharpen your street-riding strategies.

Be awake and ride sober — Don’t drink and ride, you could cause harm to yourself and others. Additionally, fatigue and drowsiness can impair your ability to react, so make sure that you are well rested when you hit the road.

Preparing to Ride

Making sure that your motorcycle is fit for the road is just as important as practicing safe riding. Should something be wrong with your motorcycle, it will be in your best interest to find out prior to hitting the road. To make sure that your motorcycle is in good working order, check the following:

Tires — check for any cracks or bulges, or signs of wear in the treads. Low tire pressure or any defects could cause a blowout.

Under the motorcycle — Look for signs of oil or gas leaks.

Headlight, taillight and signals — Test for high and low beams. Make sure that all lights are functioning.

Hydraulic and Coolant fluids — Level should be checked weekly.

Once you've mounted the motorcycle, complete the following checks:

Clutch and throttle - Make sure they are working smoothly. Throttle should snap back when released.

Mirrors — Clean and adjust all mirrors to ensure sharpest viewing.

Brakes — Test front and rear brakes. Each brake should feel firm and hold the motorcycle still when fully applied.

Horn — Test the horn.

I am a biker lawyer who handles motorcycle accident cases in California. By this article I am throwing out some basic motorcycle safety tips. This article is not meant to debate helmet laws. I personally recommend using helmets, but I don’t endorse forcing my views on everyone. I believe in freedom of choice!

California Motorcycle Accident Center

Although we ride our motorcycles all year here in California, in many parts of the country, riding season has begun with the coming of spring.

Whether you are in California, or somewhere else in the Country or world, it is always a good idea to do a safety inspection of your motorcycle, or have an authorized dealer or mechanic to do the same.

Having a motorcycle that is unsafe can cause motorcycle accidents. Unlike in a car that has 4 wheels, a motorcycle only has 2 wheels. There is no room for error or skimping on ensuring that your motorcycle is in tip top shape for riding.

I was recently on a group run where multiple people got flat tires. To be frank this was an odd occurrence and could have either been a coincidence, or the result of rolling though debris or road conditions that caused the flat tires, I do not know.

During a pit stop, one of the guys had some of that spray tire sealant put into his tire to get it back up, and the peer pressure was put on him to continue the ride. I whispered into his ear that his life was not worth it and that he should take the motorcycle to the dealer to get a new tire. I will say it again; on a motorcycle we only have 2 tires. Tire sealant and or plugs or patches are not safe for motorcycles period. Some people may argue or disagree, I don’t care. Unlike in a car, on a motorcycle the result of a blown tire can be your life or gross or serious personal injury. It is not worth taking a chance.

Inspect your motorcycle for loose bolts or screws. Check your brakes and tires for wear and replace pads or tires if necessary. Replace oil and fluids if necessary, etc. Making your motorcycle safe is not rocket science.

Above all the key to riding your motorcycle in a safe manner is you yourself as a biker or motorcyclist, taking it easy on your motorcycle, especially if you are getting back on the motorcycle after a winter break, or even a couple of week break. You are the key to preventing a motorcycle accident and personal injury. You need to watch for negligent cagers; cover at intersections; keep your motorcycle in gear at stops and watch behind you for potential rear enders; take turns slow; not ride next to cars or trucks; stay visible; ride like cagers cannot see you; anticipate the worst thing a cager can do, etc.

I wish nothing more than for you all to be safe this motorcycle riding season. I will be on the road this season as well and am planning on riding my Harley Davidson Electra Glide thousands of miles. I will be at many major motorcycle rallies this summer; therefore, I need to heed my own advice too.

Be Safe this Season so says the Biker Law Blog!

If god forbid you do have a motorcycle accident, or are a passenger who has been injured in a motorcycle accident in the State of California, and want to talk to a real biker lawyer who handles motorcycle accidents you may call me at 800-816-1529, extension 1.

By Norman Gregory Fernandez, Esq., © 2008

This is my first article of the New Year 2008. As I write this article California is enduring extraordinary rains which we are not accustomed to.

I was out yesterday riding my cage in the rain, and I saw a guy riding his motorcycle with normal street clothes on, tennis shoes, and a half helmet. I could not believe it. I would not ride in normal conditions wearing what this guy was wearing in a constant downpour of rain. He must have been soaked to the bone and very cold. Not good to say the least!

I have said many times in my articles that I do not ride my motorcycle in the rain unless I have no other choice. There have been many instances where I have been on the road and have had to ride through storms to get to my motel, or a safe place to wait out the rain.

Some of these instances of riding through the rain were severe, such as in Durango, Colorado, and in San Francisco, California. One time riding through the Arizona desert I literally ran into a thunderstorm out of no where that was so violent that it left welts on my face from hitting the rain at the speed I was riding at. Anyway…………..

If it is raining outside, it is probably a better idea to drive your car than ride your motorcycle. We have had a bad drought here in Southern California for the past couple of years, and when the rains come, the oils that have built up on the roads come to the surface of the road and make them slippery.

Since we only have two wheels on a motorcycle, a slippery road can mean disaster if your motorcycle slides out from under you.

Secondly, hydroplaning can make your ride a disaster as well. Hydroplaning occurs when water gets between your tires and the road surface. A layer of water builds between the rubber tires of the vehicle and the road surface, leading to the loss of traction and thus preventing the vehicle from responding to control inputs such as steering, braking or accelerating. It becomes, in effect, an un-powered and un-steered sled. Hydroplaning on a motorcycle with only 2 wheels in a heck of a lot different than in a car with 4 wheels, on a motorcycle it can mean disaster.

If you absolutely have to ride in the rain, my advice would be as follows:

(1) Wear full protective gear, including water proof boots, full face helmet, leather jacket, gloves, etc;

(2) Wear a good rain suit that is preferably designed for riding motorcycles in the rain;

(3) Do not accelerate or brake fast, take it easy;

(4) Leave plenty of room between you and the cars around you. Try to keep a very good distance between you and the cars or trucks in front of you because their spray will impact your visibility, and as you know on a motorcycle we do not have windshield wipers; and

(5) Take turns or curves very slowly and cautiously. It only takes a split second to eat asphalt if your motorcycle looses traction and goes out from under you.

Above all, do not ride beyond your comfort level. If it does not feel right, it probably is not right! In other words if you are riding in the rain, and you do not feel comfortable in the conditions, pull off and wait it out at a restaurant or some place like that if you can. I have been stuck in conditions which left me no choice but to ride or leave my motorcycle in the middle of no where. I chose to ride, but I rode cautiously!

One of my worst experiences was on the 101 freeway south of San Francisco when I got stuck in a torrential downpour at night. I did not have rain gear on, and the rain came out of no where. It was so bad that I could barley see anything and there were lots of cars doing 70mph plus. There was no safe place to stop or pull over. I had to ride it out. Luckily I made it to my hotel in one piece.

Do not let your friends or others assert peer pressure on you to ride your motorcycle in conditions which make you feel uncomfortable. I am not afraid to say “I do not ride in the rain unless I have to.”

Take it easy out there folks. It is supposed to be raining for the next few days here in California. Cage it if you can.

By Norman Gregory Fernandez, © 2008

I have read reports all over the internet about a book written by Dale Chipkar whose picture you can see on the left. As a matter of fact there are so many reports circulating around the Internet that I could not ignore it anymore and thought I would do a write up on the subject.

Mr. Chipkar claims in his book titled “Motorcycle Cancer, Are Motorcycles Killing Us With Cancers of the Prostate, Colon, Kidney, Bone, etc.,” that he has measured a surprisingly high amount of extremely low frequency radiation shooting up from our motorcycle seats. The radiation would in turn go directly into our bodies.

You can find Mr. Chipkar’s original press release and a link to purchase his book by clicking here.

He states that the radiation in question can be measured with an ELF/EMF Gauss Meter which he also sells on his website motorcyclecancer.com, but I am sure you can also purchase elsewhere.

Here is a direct quote from page 2 of his book; “Electromagnetic field radiation is an invisible phenomenon produced whenever there is current or electricity flow. A motorcycle engine involves a unique relationship with electrical systems and coils that generate anywhere from 10,000 to 70,000 volts of electricity during operation. Associated electric fields and EM waves are also discussed in my book. Throughout the electrical system, “oscillating currents” produce erratic, pulsing EMF radiation of varying frequencies. Most motorcycles have the battery, electrical components, modules, cables, etc. located directly under the seat of the rider! Extremely low frequency (ELF) electromagnetic fields (EMF's) have ruthless penetrating magnetic field properties. As you read the web links below, keep in mind that ELF EMF sources can vary but the detrimental principles involved could remain the same. ELF EMF radiation at close exposure is unnatural and over time could have devastating biological consequences. Detection and protection is our best defense.”

Mr. Chipkar claims that the radiation could cause cancer of the prostate, testicles, colon, bladder, kidney, liver, pancreas and stomach, as well as infertility, “sexual dysfunction, erectile deficiency and loss of libido.”

Mr. Chipkar also goes onto to state “A motorcycle is the only place on earth where our vital organs are so close to possible electromagnetic radiation.”

My take on this issue is that I do not know enough about the subject to say one way or another whether this is some kind of scam, or if there is real validity to Mr. Chipkar’s claims. I do know this, if there is a measurable amount of radiation shooting up from our motorcycle seats than there is probably some validity to Mr. Chipkar’s claims, and probably a real reason for concern. I doubt that radiation going into our bodies from the seat of a motorcycle can be beneficial. I myself had a friend from High School who rode motorcycles for many years and who died from colon cancer at a very young age.

I am calling on the motorcycle industry and other technical people to immediately research this issue to determine if it is a valid problem and reason for concern. If it is, than I am calling on all motorcycle manufacturers, including motorcycle seat manufacturers to put appropriate electromagnetic radiation shielding in our seats to protects us from the EMF.

By Norman Gregory Fernandez, Esq., © 2007

Although I am a biker lawyer, I try to ride my motorcycle as much as possible when I do not have to be in Court, especially now that gas prices are through the roof. Bumper to bumper traffic here in Southern California is another incentive to commute on my Harley Davidson motorcycle as well.

Speaking of gas prices and traffic; here in California many people are not only commuting more and more to work on their motorcycles, but many new motorcyclist are buying motorcycles to beat the traffic and the high gas prices as well.

Luckily for us bikers and motorcyclist, lane splitting is legal in the State of California. As a matter of fact, the State of California is one of only a couple of States that legally allow lane splitting.

What is Lane Splitting? I know many of my Biker Law Blog readers are experienced bikers and motorcyclist, and know what lane splitting is, however many of my readers are from other States, or are new riders, so I will offer a quick explanation of what lane splitting is.

Lane splitting in a nutshell is riding your motorcycle in between lanes on freeways, interstates, or roads. In California it is legal to ride between the lanes on the dotted line, so long as you are riding no more than 15-20 miles faster than the flow of traffic. Obviously this would be different on a public street where the speed limit is only 35 miles per hour.

Lane splitting is legal in this State because the legislature determined that it is safer for a biker or motorcyclist to not be parked in bumper to bumper traffic totally exposed with a risk of being rear ended, and because air cooled motorcycles require a constant flow of air to keep from overheating. This is another subject.

Anyway getting back to the fine art of lane splitting while riding your motorcycle in California; if there is one word I can use to describe what you need to exercise while lane splitting, it would be CAUTION!

Although lane splitting is legal, it takes the utmost caution and attention to be done safely, especially during the morning commute when cagers are in a big rush to get to work and not necessarily looking out for you when they switch lanes.

I regularly ride my motorcycle in a morning commute to downtown Los Angeles from the San Fernando Valley that is arguably one of the most treacherous morning drives for a biker or motorcyclist. I take the 118 freeway east to the 5 freeway South to the 110 freeway south, to Downtown Los Angeles! The traffic is an utter nightmare and there is no diamond lane or carpool lane to rely upon. (In California motorcycles can legally ride in Carpool lanes.) Some would argue that the 405 freeway is worse but I beg to differ.

Interstate 5 is the main artery up and down the State of California, and all of the big rig trucks and every other thing you can think of is on this freeway in the morning. It is so bad that I only see a few other motorcycles most mornings riding this route.

What I personally have learned lane splitting during morning commutes on the 5 freeway and the 110 freeway, is that literally every man and women are out for themselves.

Regularly there are rear ender or other types of accidents, and everyone is constantly switching lanes while in a rush to get to work in the bumper to bumper traffic. There are cagers on cell phones, putting on makeup, drinking coffee, etc. You get the picture.

So what is the best way to lane split; in my opinion the best position to be in is between the number 1 and number 2 lanes. (The number 1 lane is the left most lane, and the number 2 lane is the lane next to it to the right.)

If you are going to lane split you need to get into what I call the zone. It is almost a meditative state of utter concentration. You must look for any sign that a car or truck is going to cut in front of you, veer towards you, or even intentionally cut you off because they are pissed that you can beat the traffic and they cant.

I was lane splitting behind a motorcycle police officer the other day and he got cut off!!

You must be prepared to stop or switch into lanes at a moments notice. This is only possible if you are not going too fast. Pay special attention to trucks and SUV’s because they cannot see you and they take up most of their lane. Sometimes you will have to wait until there is an opening before you pass. Sometimes you will even have to stop to ensure that you have enough room to get between the cars while splitting lanes. Often time’s cars will move enough to give you room to pass, other times they seem to intentionally cut you off.

It can very hairy while lane splitting on your motorcycle. A split ½ second could mean the difference between making it in between the cars or being taken out. This is why you must, and I repeat must exercise extreme caution. You must assume that the cars do not see you. Pay extra attention when you approach a situation while lane splitting where there is a gap in a lane next to you. Assume that a cager will try to fill that gap to beat the traffic. If you rush into the gap you just might be taken out by a cager. Be careful!

I cannot tell you how many lane splitting accident cases I have handled as a biker lawyer. It is dangerous; there is no doubt about that.

If you do not feel comfortable lane splitting, then don’t do it! Furthermore do not let others pressure you to ride beyond your limits. Know your limits!

Lane splitting takes knowing your bike, staying in a low gear and using lots of front brake when needed.

I myself have no problem blowing my Mini-Beast Air Horn if I feel like a cager is closing me off, or about to cut me off.

Lane splitting will ultimately save you time and money in bumper to bumper traffic if done right. Get into the zone and do not speed!

Keep Both Wheels on the Road!

By Norman Gregory Fernandez, Esq., © 2007