Motorcycle Safety Tips Blog

**** 5/16/10 Update: Officer found guilty in shooting of sitting biker, see below for link.

**** 5/12/10 Update: See Video of shooting victim testifying in Court below.

When you are stopped by the Police in your car, on your motorcycle, or other motor vehicle, it is usually because the police think you have done something wrong.

It is very important that you keep your hands visible to the police officers for various reasons, the most important of which is so that you do not get shot or tasered.

Here is a link to some very disturbing video of a man being shot by the police while sitting on his motorcycle; click here to see video and story. The police officer is facing felony charges. The man who was shot is paralyzed as a result.

The police officers defense attorney is arguing that the police thought that this man had a gun. Judging by the video, it looks like a cold blooded shooting that was unjustified, however if you put yourself in the officers shoes, how did he know for sure that the biker did not have a gun when he turned toward him? If you were a cop, what would you do under similar circumstances?

I for one, sure the hell do not want to be the victim of a shooting such as this; who does?

There are a few things you can do to ensure that your encounters with law enforcement are safer for you and for law enforcement.

If you are in a car or other enclosed vehicle, turn off you ignition, place your car keys on the dash board, and keep your hands on the steering wheel. If the officer asks for your license and registration, ask the officer if it is ok to remove your hands from the wheel, and tell him where you are going to reach to get the information he or she is requesting. Once you get the information, put your hands back on the steering wheel until allowed to leave by the officer.

If you on a motorcycle, turn off the motorcycle, put you hands on the handlebars, and wait for the officer to approach. Do not remove your hands from the handlebars until the officer asks for your license and registration, at which time ask for permission to remove your hands from the handlebars, and inform the officer where you will be reaching.

In either case, do not exit your vehicle unless asked to do so, and do not get off of your motorcycle unless asked to do so.

I know many of you are thinking that having to do this is plain wrong. The purpose of the above exercise is not being right or wrong; it is to protect your life by assuring the police that you are not a threat.

I am not sure if this above procedure would have prevented the shooting of the guy on the motorcycle in the video, only god knows.

Officer found guilty for shooting, click here for story.

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

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

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

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

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

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

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

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

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

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

I read an article somewhere with a list of the following Motorcycle Safely Pearls of Wisdom. I suggest that everyone reads each one!

Always assume other drivers can't or don't see you.

Just because a driver is looking at you, doesn't mean that the driver sees you.

Always assume other drivers are going to do something wrong or stupid. Try to avoid being one of the "other" drivers!

Drivers making a left turn are the most dangerous.

Rush hour drivers all feel that their time is more important than your life.

All drivers think it is safe to pull out of their driveways without looking.

The likelihood that a driver will make a sudden left turn or lane change increases dramatically as you prepare to pass.

On one way streets, it is the driver in the furthest right lane who will most need to make a left turn.

Every intersection is a race for your life. Remember: At the turn of the 20th century there were only two cars in all of Kansas and they collided at an intersection!

Basically, assume that all drivers are out on the road trying to kill you. Submitted for your consideration--Rep. Bill Janklow of South Dakota!

Never let anyone convince, coerce, or shame you into riding without a helmet if that's your choice. There is no ride straight enough, short enough, or slow enough to be safe.

I've seen riders killed while standing still at a stoplight when they were knocked over and hit their heads on the pavement!

Never get in a hurry. Never be afraid to slow down. Better to avoid an accident than to be in one.

Superior riders use superior knowledge and superior experience to avoid situations that require superior skill.

Never ride when you are too tired, hungry, or thirsty. You can pay attention or you can pay an undertaker.

Never argue with an 18-wheeler, especially around interstate on ramps.

The longer you take to pass an 18-wheeler, the more likely it is that one of its tires will explode just as you pass along side.

Never be too proud to unlearn an old habit.

Never be too proud to take a motorcycle training course.

Just because you knew how to ride a 175cc when you were 19 doesn't mean you know how to ride a "Fat Boy" at 49.

Always ride straight and sober. Keep 8 hours between bottle and throttle. Thirty-one percent of all traffic fatalities and 41% of holiday traffic fatalities involve alcohol.

Drivers talking on cell phones are just as dangerous as drunk drivers.

Never outrun your headlight. Deer and other animals will always insist on the right of way.

Don't just dress for the ride; dress for the fall.

There's no satisfaction in being right if you are dead right.

Keep less experienced riders near the front and more experienced riders at the back of a group ride.

The last rider in a group always has to drive 80 to keep up with a lead rider who is going 65. Never outrun your skill level. Drop out of the group and enjoy the peace and solitude of a solo ride.

Slow drivers will always speed up as you try to pass them. Fast drivers will always slow down once they pass and pull in front of you.

By Norman Gregory Fernandez, Esq.

The Month of May has been designated as Motorcycle Safety Awareness Month. You can read the official release from the NHTSA by clicking here.

You can read another article from the American Motorcyclist Association about Motorcycle Safety Awareness Month by clicking here.

You can read yet another article about Motorcycle Safety Awareness Month from the Motorcycle Safety Foundation by clicking here.

You can also read about a bi-partisan Congressional Resolution to promote May as being Motorcycle Safety Awareness Month by clicking here.

I have written many motorcycle safety articles that you can read on this blog by clicking the Safety Tips button on the top of the Blog. I am sure not the holy grail of motorcycle safety, but my many years of riding have given me some good incite into the subject. You might want to read some of the articles even if you think you know it all. You may learn something. I am also inviting all bikers to submit safety articles to me by sending them to Norman@norman-law.com . If the articles are good, I will publish them on the Blog and give you full author credits.

Let’s use this month to get the word out to other bikers, motorcyclist, and cagers, about motorcycle safety.

Keep Both Wheels on the Road.

By Norman Gregory Fernandez, Esq., © 2007

I just read about a truly disgusting accident where a biker was killed after he made a full stop at a signal, and was rear ended by a Van. You can read about the accident by clicking here. The van driver not only killed this guy but he then ran away. He has turned himself in.

The biker that was killed was riding a custom Big Dog Chopper.

The reason I am bringing attention to this one particular accident is to bring a basic motorcycle safety issue to the forefront. We who ride motorcycles are completely open to the elements. Unlike cagers, we have no protection other than what we are wearing.

When you come to a stop at a signal or stop sign, you should always keep your bike in gear, and you should always be watching your mirrors for idiots that do not look like they are going to stop. Unlike in a car where you may not be able to move out of the way, on a motorcycle you can real quickly give it some gas, let the clutch out and move if you have to.

Always leave yourself an out when you are stopped. Plan on some idiot rear ending you and plan your out; Everytime you Stop! Do not be lazy. After a while this process will become second nature.

Now with respect to custom motorcycles and choppers; there are tons of really cool looking aftermarket mirrors, and even stock mirrors. I ask this question; is having a functional dual mirror setup on your motorcycle, more important than looking cool? No way! Don’t buy those micro mirrors that are worthless in function. Make sure you have good mirrors on your motorcycle. The stock mirrors on my Harley Davidson Electra Glide are perfect for functionality. Most stock mirrors on the motorcycles that I have owned are perfect. It is the cool looking aftermarket mirrors that in most cases are worthless.

Some of the custom motorcycles that I have seen being produced have mirrors that are basically installed as an afterthought just because the law requires them to be there. I am guilty on this issue too. I have purchased really cool looking aftermarket mirrors that were basically worthless. I have since changed my ways.

You must be able to see behind you on both sides. Your mirrors can save your life.

There is no way of knowing whether the biker killed in the article mentioned above could have gotten out of the way in this instance. The reason I am bringing this article to your attention is to let you know that when you are stopped on a motorcycle, you must be vigilant to protect your life.

Remember, cagers cannot see us like they would if we were in a car. We must act like we are invisible to the cager. If cager’s rear end each other, it is ten times worse for us!

Keep Both Wheels on the Road.

By Norman Gregory Fernandez, Esq., © 2007

You heard it right; a bathtub! I read an article which you can read by clicking here now, about a 72 year old motorcycle rider who was riding his Honda motorcycle on an interstate when he was hit by a bath tub that fell off of a truck.

The motorcycle rider suffered severe injuries in the crash. The driver of the truck was arrested for negligent injury and carrying an unsecured load. It is good to see that law enforcement seems to be doing more to punish those who take out motorcycle riders and bikers.

I have read about other accidents where bikers were killed by boats becoming un-hitched and hitting the motorcycle, and other debris hitting the motorcyclist and causing serious bodily harm or death.

I myself almost became a victim of such an event when a pack that I was leading suddenly came upon a mattress on the road while we were cruising at 70 miles per hour on the 101 freeway in Calabasas, California. I have also had to dodge spent big rig tire treads lying about on the highways. If you hit one of those treads at speed you are in for a world of shit. Big rig tire treads are metal re-enforced and can cause major damage to you and your motorcycle if you hit one.

Unlike cagers, we bikers and motorcycle riders are completely exposed to road conditions, debris, and all sorts of hazards while riding our motorcycles. If you have ridden motorcycles for any length of time on highways and on streets, chances are that you have had your share of close calls too.

On a few occasions while I was riding in my cage, I have seen things flying on the freeway that made me thank god that I was not on my motorcycle that day!

What can we as bikers and motorcyclist do to prevent being hit by debris or flying objects on the road while we are riding? Well, in the case of the 72 year old who was hit by a bath tub, it appears, not much. I doubt that he even saw the tub coming by what was written in the article here.

When you are riding your motorcycle, always remain vigilant. Anticipate that cagers, road debris, and flying objects will come at you, because they do! Keep your eyes and your ears open and anticipate the worst so you can prevent it. Do not tailgate trucks or trailers hauling materials, and always keep enough room for you to avoid debris and obstacles on the road. Do not ride directly next to cagers, and try to keep a 2 to 3 second distance between you and any cars in front of you.

If you see debris or something flying at you, do not panic! Try to calmly process what is happening and take evasive maneuvers. If you panic, you may over-react and crash your motorcycle instead of calmly maneuvering around the hazard.

Keep Both Wheels On The Road.

By Norman Gregory Fernandez, Esq., © 2007

I have read several articles about motorcycle airbag systems. Honda has come up with a production airbag system for their Goldwing motorcycle that you can read about by clicking here.

I have also read several articles on inflatable vest that inflate upon the rider falling off of the bike.

I sure would like to hear from anyone who has had an accident while using one of these new safety devices, and to hear if they helped.

I think the jury is still out on all of these systems. I have not read any real reports on whether these systems will actually protect you if you go down. My attitude is that anything that will increase safety while riding a motorcycle is a plus.

However, for me the bottom line to being safe on a motorcycle for now is taking a proper motorcycle safety course before riding; wearing good riding gear; and watching out for cagers.

In the end you do not want to be a test subject for new and improved motorcycle safety systems. You want to keep both wheels on the road, and keep your eyes and ears open while on runs.

By Norman Gregory Fernandez, Esq., © 2007

JUST A BIKER

I saw you hug your purse closer to you in the grocery store line.
You didn't see me put an extra $10.00 in the collection plate last Sunday.

I saw you pull your child closer when we passed each other on the sidewalk.
You didn't see me playing Santa at the local mall.

I saw you; change your mind about going into the restaurant.
You didn't see me attending a meeting to raise more money for the hurricane relief.

I saw you, roll up your window and shake your head when I drove by.
You didn't see me, driving behind you when you flicked your cigarette butt out the car window.

I saw you, frown at me when I smiled at your children.
You didn't see me, when I took time off from work to run toys to the homeless.

I saw you, stare at my long hair.
You didn't see me and my friends cut ten inches off for Locks of Love.

I saw you roll your eyes at our leather coats and gloves.
You didn't see me and my brothers donate our old coats and gloves to those that had none.

I saw you; look in fright at my tattoos.
You didn't see me cry as my children were born and having their name tattooed on my skin and in my heart.

I saw you change lanes while rushing off to go somewhere.
You didn't see me going home to be with my family.

I saw you complain about how loud and noisy our bikes can be.
You didn't see me, when you were changing the CD and drifted into my lane.

I saw you, yelling at your kids in the car.
You didn't see me pat my child's hands knowing he was safe behind me.

I saw you, reading the newspaper or map as you drove down the road.
You didn't see me; squeeze my wife's leg when she told me to take the next turn.

I saw you, race down the road in the rain.
You didn't see me, get soaked to the skin so my son could have the car to go on his date.

I saw you run the yellow light just to save a few minutes of time.
You didn't see me, trying to turn right.

I saw you; cut me off because you needed to be in the lane I was in.
You didn't see me, leave the road.

I saw you, waiting impatiently for my friends to pass.
You didn't see me. I wasn't there.

I saw you go home to your family.
You didn't see me, because, I died that day you cut me off.

I was just a biker and a person with friends and family. You didn't see me.

PLEASE PASS THIS ON FOR YOUR FRIENDS WHO RIDE, OR HAD SOMEONE WHO MAY HAVE DIED WHILE RIDING A MOTORCYCLE.

Also for those who feel the same way as above about the biker. Pass this on... let’s help make people aware!

This Message is from James W. Wingate, Retired Baptist Pastor, and was sent to me courtesy of Biker Law Blog Member Sandie Diephouse.

First off everyone knows or should know that drinking and driving is illegal in all States depending upon the amount of alcohol that you have in your system.

In California you are driving illegally if your blood alcohol content or BAC is .08%

If you drink and drive you are facing losing your drivers license, car or motorcycle, having it impounded, jail time, Court ordered school, and massive fines. It is just not worth it from a legal standpoint.

This article is about Motorcycle safety and not the legal aspects, but the legal aspects are also a consideration.

Most people do not realize that Alcohol is one of the most powerful drugs known to man. A drug is a mind altering substance. Any of you that drink alcohol know full well that alcohol will give you a buzz real quick, especially if you are drinking shooters or mixed drinks. Even one beer will alter your mental state.

I myself quit drinking about 10 years ago for my own personal reasons. I am a sober biker!! I am not writing this article to preach to others not to drink. You can drink as much as you want; it is legal.

The purpose of this article is to preach to you about not drinking and driving, and to not let your brothers and friends drink and drive.

There are statistics all over the Internet about the effects of alcohol on your ability to operate a motor vehicle. Any of you who think that you drive or ride better after a few drinks are flat our full of shit, and you know it. If you don’t know it than maybe you might have a few screws loose.

Drinking and Driving in a car is bad enough, however on a motorcycle it is 100% times more dangerous.

Read more »

The MSF does it again. They have produced what I consider to be a very good video on Motorcycle Group and Pack riding. The video which was produced by the MSF is provided courtesy of youtube Video.

I highly recommend that anyone who is going to ride their motorcycle to a motorcycle event, with friends, or with other motorcycle riders, watch this video. Take notes if you have to.

I have posted another article about motorcycle pack riding on this Blog, and have given my own person insights based up my own personal experience. You can find it here. This video compliments my pervious article and gives you a visual.

Check it out!

[video:youtube:erpkyD7SMfw]

By Norman Gregory Fernandez, Esq. © 2006

Check out the below video provided courtesy of YouTube.com, which was produced by Abate. There are some very good points made in this video, however frankly I think it's a bit corny myself.

I have written about many of the safety points mentioned in the video on this Blog. However, some bikers and motorcyclists may prefer a video version instead.

It is obvious that the days of women riding in the back of a motorcycle exclusively are over. You'll notice in this video the woman is giving most of the safety tips, and actually rides the motorcycle with a man on the back riding bitch. That is the part of the video that I think is corny. I personally have ridden motorcycles for many years and have never seen a man riding bitch on the back of a motorcycle, with a female driving the motorcycle.

I'll tell you what, times of sure changed. In any case check out the video and see if you can learn a few pointers. It never hurts to be preached to you from time to time.

I will give you a hint about the video; there is a major safety violation contained in the video. See if you can find it!

By Norman Gregory Fernandez, ESQ. , Copyright 2006

I read an article this weekend in the San Jose Mercury news about a tragic motorcycle accident which took the lives of a biker and his passenger. Apparently the rider of his new Harley Davidson motorcycle rode through a turn too fast, and slammed into a slow-moving big rig truck, killing himself and his passenger. You can find the article here.

I receive daily reports of motorcycle accidents throughout the nation. Many motorcycle accidents are caused by motorcyclist losing it in turns, which results in either the motorcyclist crossing the median and striking an oncoming vehicle, or losing control and crashing their motorcycle.

The one thing you should never do while riding your motorcycle, is to attempt to pass another vehicle in a turn. The below video courtesy of Youtube.com shows what can happen when you attempt such a stupid stunt. (I am not going to comment on the idiots in the cage who should have pulled over to help the fallen rider, or their assumption that they would have been beat up by the bikers if they pulled over. That is not the purpose of this article.)

All of those who ride motorcycles have made the mistake of taking a turn too fast. Anybody who says they haven’t is lying. Depending upon how fast you were going, the traffic conditions, and the type of turn that you are in, you may have even experienced the feeling of panic knowing that you’re going to cross the median, or you might not make it through the turn.

I am not the Holy Grail when it comes to motorcycle safety. I can tell you flat out that I have taken turns too fast and crossed the median, especially in Canyon roads. I have seen friends, brothers, and strangers do the same thing. Luckily for me, there was not oncoming traffic at the exact moment that I crossed the median; if there was I could have been roadkill as well as my friends.

Read more »

The Motorcycle Safety Foundation (MSF) is the premier organization in the country with respect to promulgating motorcycle safety. They have published an outstanding 86 page manual on riding your motorcycle, and motorcycle safety tips.

Even if you are a long time rider of motorcycles I highly recommend reading the manual. You may learn a few things that you did not know about!

I highly recommend that you read this manual for valuable information on riding your motorcycle and motorcycle safety tips. You can read the manual by Clicking Here Now.

By Norman Gregory Fernandez, ESQ. , Copyright 2006