The U.S. Department of Transportation has recorded a 150 percent jump in motorcyclist fatalities in the past decade. This huge rise in motorcycle fatalities has researchers perplexed.
Even though I do not want it to be so because I myself am a biker and motorcycle rider, Motorcyclists are considered the highest risk motorist group, accounting for 14 percent of all fatal traffic incidents.
Department of Transportation’s Fatality Analysis Reporting System recorded 5,290 crash deaths among motorcyclists in 2008 and 96,000 injuries.
The traffic fatality rate for motorcycle riders has steadily increased since 1997, while other motor vehicle-related deaths declined.
The greatest number of motorcycle deaths on the road (36.4%) involves front-end crashes with other vehicles.
Collisions with motor vehicles overall are responsible for slightly less than half of the annual death toll among motorcyclists, according to the federal data.
The Federal Highway Administration will fund a study by Oklahoma State University's Oklahoma Transportation Center designed to pinpoint causes of the increasing fatality rate among motorcyclists and identify prospective interventions. Researchers will study commonalities among motorcycle crashes ranging from road configurations and environmental conditions to rider experience in assessing the reasons for the high rate of fatalities among motorcyclists.
The Oklahoma Transportation Center research follows a 1981 NHTSA-sponsored study as well as a study conducted by the Association of European Motorcycle Manufacturers from 1999 to 2000 and one conducted in Thailand in 2001. The 1981 study found several factors contributing to motorcycle fatalities, including auto driver failure to detect motorcyclists and lack of safety equipment such as helmets. The study recommended improved licensing and training, as well as measures to make motorcyclists more conspicuous on the roads.
The European study again cited driver error, attributing 50 percent of crashes to auto drivers and 37 percent to motorcycle operators. Significantly, more motorcycle crashes occurred on straight roadways and minor roads than on curved roads or major highways.
Unlike the American and European studies, the Thailand study found rider error to be the major contributor to motorcyclist fatalities, with alcohol implicated in 40 percent of crashes. The most common type of crash was the motorcyclist rear-ending an auto. In the Thai research, only a single motorcyclist acknowledged receiving any training in operating motorcycles; the study concluded that the absence of training led to the high rider error rate.
The upcoming study in Oklahoma will build on the knowledge attained in earlier studies, establishing which crash causes remain of concern and which interventions undertaken in response to earlier studies have proven effective, as well as identifying new contributors to the high incidence of motorcycle crashes.
Look folks, according to the data we have so far, many motorcycle accident deaths can be avoided by having proper training, proper safety equipment such as full leathers and helmets, making yourself more conspicuous (seen) while riding, and not using mind altering drugs or alcohol when riding.
The sad fact is the data shows that a majority of motorcycle related accidents and deaths are due to other motor vehicles such as cars, SUVs’, trucks, bus’s etc., running into the motorcyclist, or cutting them off. Therefore you must have the proper skill and clarity of mind to be constantly looking out for these idiots.
If you or a loved one has had a motorcycle accident anywhere in the State of California, or you were a passenger on a motorcycle that has had an accident in California, you may call me for a free consultation at 800-816-1529 x.1. I ride just like you!
By California Biker Attorney and Motorcycle Accident Lawyer 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
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
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!
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.
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
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,
Norman Gregory Fernandez
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."
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!
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
Even though it is almost the end of summer, it is scorching hot all over the country. The heat can lead to heat stroke or even death. The last thing you want to do is have a heat stroke while riding your motorcycle for obvious reasons.
When you are riding your motorcycle in very hot weather you dehydrate more than if you are in a car or just sitting around, lack of hydration and proper motorcycle riding attire in the heat can lead to you having a heat stroke.
You can read an article here about heat stroke and the symptoms to look out for.
It is very important to drink as much water as possible in this heat. I personally recommend a Gatorade type of drink if you are going to be riding your motorcycle in the heat. Force yourself to drink at every stop. If you feel like you are getting nauseous or dizzy, get off of the road and into an air conditioned environment as soon as possible.
Most people do not realize that wearing leathers in the heat can actually protect you against excessive loss of fluid in your body, and from the heat blast that you get while riding your motorcycle in hot weather.
It is deadly hot out there right now folks. Protect yourself!
By Norman Gregory Fernandez, Esq., © 2007
I am always preaching about motorcycle safety to everyone I know. I have written many articles on motorcycle safety here on the Biker Law Blog.
This summer is turning out to be the absolute worst motorcycle accident season that I have ever seen as a biker. I am gauging my analysis on the number of calls coming into my office, and reports of motorcycle accidents that I get from all over the world.
I assume that the rise in gas prices and the increase in motorcycle popularity are the main factors in the vast increase in accidents. However, I am getting calls from guys with many years of riding experience!
Whatever the cause of the vast increase in motorcycle accidents this summer may be, I will again reiterate some basic motorcycle safety tips:
(1) Do not ride your motorcycle until you take a certified Motorcycle Rider Safety Course.
(2) If you are an experienced rider, or you have purchased a new motorcycle, take an advanced Motorcycle Rider Safety Course. Remember you do not really know your motorcycle until you have ridden it at least 1000 miles.
(3) No matter how experienced you think you may be on your motorcycle, practice makes perfect. You must careful all of the time.
(4) Assume that cagers and people in other motor vehicles do not see you!
(5) Always wear a helmet, leathers, gloves, boots, and proper riding attire, even if it is hot. You may not look as cool, but if the meat hits the pavement, the pavement wins. It is always better to go home to ride another day.
(6) Do not tailgate Cars.
(7) Keep you motorcycle in gear when stopped, and always monitor your rear view mirrors for someone who looks like they are going to rear end you. Always plan an escape route at stop lights.
(8) Always cover when going through intersections. Assume that someone will turn left in front of you or blow through a red light.
(9) Make sure that your insurance is up to date and that you have at least $500,000 in liability, underinsured, and uninsured motorist coverage. It may cost a bit more, but if you do go down, you want to have enough insurance to cover your passenger, and you.
(10) Always keep an emergency card with you while riding. The emergency card should contain emergency contact names and numbers, relevant medical information such as blood type, medications, health problems, etc.
(11) NEVER DRINK ALCOHOL OR USE DRUGS WHEN RIDING YOUR MOTORCYCLE, PEROID!
(12) Always inspect your motorcycle and tires before riding. Look for loose screws, bolts, nuts and tighten them. Check your tires for pressure, and wear.
Riding your motorcycle can and should be one of the most pleasurable things in your life. Take it easy out there. Remember it is not the destination that matters; it is the ride that counts!
You can read many more safety tips here on the Biker Law Blog by clicking on the Safety Tips button on the top of the Blog.
Keep Both Wheels on the Road!
By Norman Gregory Fernandez, Esq., © 2007
I recently previewed a video which was put out by Honda Motor Corporation on their new intelligent ASV-3 motorcycle. This motorcycle was specifically designed to address the major issues which cause motorcycle accidents. A link to the video is provided at the end of this article.
My first impression upon seeing the motorcycle was that it looked ridicules, and looked like it had a pagoda or rickshaw canopy on the back. Matter of fact, it kind of looks like a Scorpion tail! I thought to myself there is no way in hell that I would ride a motorcycle that looked like this.
However, after watching the entire video, I must say that I do commend Honda for at least trying to develop a built in intelligent system to prevent motorcycle accidents.
The pagoda looking thing on the back actually serves multiple purposes; it is designed to make the motorcycle more conspicuous on the road, so that the motorcycle will catch cager’s attention. There is no doubt that this thing will get everyone’s attention! It also has a built in forward and rear camera, and an intelligent computer system to warn a rider of hazards.
The motorcycle also incorporates a vehicle to vehicle warning system that Honda has developed for cars, motorcycles, and other motor vehicles.
While watching the video I was thinking that the voice prompts and warnings from the system would drive me crazy. I was also thinking about how such a system might in fact save countless bikers lives.
Maybe the Honda ASV-3 is the perfect commute to work type of motorcycle for safety reasons. Here in Southern California, the vast majority of motorcycle accidents happen during the infamous Southern California rush hour commute jam. I am not sure.
I do commend Honda for at least trying to do something to increase motorcycle safety, where other motorcycle manufacturers are doing little or nothing. This motorcycle may be a peek at what is to come in the 21st Century.
As for me, I would not mind the technology; so long it is hidden in the fairing of my Harley Davidson Electra Glide!
CLICK HERE TO watch a video on the new Honda Asv-3 motorcycle, and tell me what you think!
By Norman Gregory Fernandez, Esq., © 2007
Most Motorcycle Accidents happen within 3 miles of your Home!
Ride the roads you know as carefully as the roads you don't know!
I just read an outstanding article by Stan Henderson, Indiana State University associate professor of health and safety. He states among other things that:
“Frequently, a vehicle will hit a motorcyclist because they don’t see them,” Henderson said. “This is partially due to the fact that they aren’t looking for them, but also because motorcyclists are just harder to see. This is why we have the law that motorcyclists have to have their headlight on all the time. It’s important for cyclists to be as conspicuous as possible.”
Most States have laws that require biker and riders of motorcycles to keep their headlight on at all times even during the day for this exact reason. Most if not all production motorcycles built these days do not have a switch to allow you to turn off the headlight. The light turns on with the motorcycle.
I have personally observed some motorcycles that have had a headlight switch installed to allow the headlight to be turned off. This is a huge mistake. Professor Henderson and I both agree that one of the keys to motorcycle safety is to be seen by cagers (people driving cars, trucks, SUV’s etc.)
Professor Henderson goes on to state in his article that: “There are several things riders can do to keep their excursions safe and enjoyable, according to Henderson:
- Gear: Wear light colors, with reflective materials on the upper body at night. Newer materials, such as mesh, keep the body cooler.
“We used to recommend leather,” Henderson said, “and while that provides protection, it also tends to hold in the heat.”
Body armor made with newer fabrics has key padding where a person might contact the roadway if they go off the cycle, Henderson says, and it’s not as hot.
Riding gear not recommended includes: shorts, T-shirts, tank tops, and flip-flops.
“If there is a crash, your bare skin is going to collide with the pavement, and we know which loses,” he said. “This will cause increased trauma to the body and there will be a less likely chance of full recovery.”
I highly recommend that you read Professor Henderson’s article on Motorcycle Safety by Clicking Here Now.
By Norman Gregory Fernandez, Esq., © 2007
Michelin has announced a recall of some motorcycle tires. Anybody who is using the below tires needs to get them replaced. If you are not sure what tires you are using on your motorcycle go inspect them now to make sure they are not the subject of the below recall. Below is the press release about the tire recall.
GREENVILLE, S.C., June 15 /CNW/ -- Michelin has notified the National Highway Traffic Safety Administration (NHTSA) and Transport Canada that it is recalling Michelin(R) Pilot(R) Power 2CT and Pilot(R) Power 120/70 ZR 17 (58W) front motorcycle tires with the "Made in France" markings in the United States and Canada. This recall involves these specific tires only and has no impact on any other Michelin tires. Related actions are under way in other countries.
An examination of these tires showed a possible defect in the tread due to a manufacturing irregularity. No cases of pressure loss have been reported and no accidents have occurred.
Because rider safety is the primary concern, Michelin has decided as a precaution to replace the 120/70 ZR 17 (58W) Michelin Pilot Power 2CT and Michelin Pilot Power front tires, which can be identified by the following markings on the sidewall:
A "Made in France" label DOT 6UCW 980T or DOT 6UCW 979T
Any consumer in the United States or Canada who believes they are affected by the recall should not wait to receive notification but should call Michelin Consumer Relations at 1 866 324 2835.
The company will be replacing all potentially affected tires in a comprehensive commitment to retrieve from the market any tire that does not meet Michelin quality standards. Replacement tires are available at no cost (including mounting and balancing) to consumers through participating Michelin(R) motorcycle tire servicing retailers.
About Michelin
Dedicated to the improvement of sustainable mobility, Michelin designs, manufactures and sells tires for every type of vehicle, including airplanes, automobiles, bicycles, earthmovers, farm equipment, heavy-duty trucks, motorcycles and the space shuttle. The company also publishes travel guides, hotel and restaurant guides, maps and road atlases. Headquartered in Greenville, S.C., Michelin North America (www.michelin.com) employs more than 22,000 and operates 19 major manufacturing plants in 17 locations.
About the DOT Code and Tire Identification Number
The U.S. Department of Transportation (DOT) markings serve as the tire's fingerprint and signify compliance with U.S. Tire Safety Standards. The DOT code can be found on the sidewall right above the rim printed in small type less than half an inch tall.
Make sure your tire is of the make and model:
Michelin(R) Pilot(R) Power 2CT or Michelin(R) Pilot(R) Power 120/70 ZR 17 (58W) Then, look for a DOT code 6UCW 980T or DOT 6UCW 979T on the sidewall.
If you are having difficulty identifying your tire's DOT code, please ask your local tire dealer to assist you or call Michelin Consumer Relations at 1 866 324 2835. End of Press Release.
If you have had an accident using these tires, you should contact the U.S. Department of Transportation (D.O.T.) and report it. You can get to their website by clicking here now. You should also consult with a lawyer. If you are anywhere in the State of California and have suffered an injury due to having an accident with any of these tires, you can give me a call at 818-584-8831 or go to my Biker Lawyer website by clicking here now or going to www.bikerlawyer.net.
By Norman Gregory Fernandez, Esq., © 2007
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