Biker and Motorcycle Lawyer Blog / Blawg

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

No I am not the President of the United States of America. No I am not a United States Congressman. I am just a simple biker lawyer who sees the writing on the wall. The cost of oil is literally going to put us in a great depression and not just the recession we are in now.

I wrote an article about a year ago called >We Are Being Raped by the Oil Companies (Monopolies); It is Finally Time to Do Something About it Now!”You can read it by clicking here.

Now as I write this article, regular unleaded gasoline is approaching four dollars ($4.00) a gallon here in California, with premium grade already over four dollars a gallon. Diesel fuel is over four dollars fifty cents a gallon, and there is no end to fuel increases in site.

Why are fuel prices this high? It is not supply and demand like some would have you believe. It is not the functioning of a free market like others would have you believe.

Fuel prices are this high because of a few speculators at the mercantile exchange, and oil companies fixing prices and gouging us at the pump.

When will they stop? They will stop when we finally get elected officials in office that will commence investigations to find out what is really going on, ala Enron, and prosecute those that are raping our nation and gouging us in probably the worst scandal in our nation’s history.

Demand for oil has not significantly increased since a certain political party took power in the year 2000, what has changed is that oil men took power in 2000. With no shame whatsoever, they take a blind eye to the demise and suffering of our economy and our people, while they and their cronies rape us at the pump.

Why are the gas prices as they now exist and continue to increase a national emergency? The answer is that our entire economy is oil based. The necessities of life such as food, clothes, jobs, transportation, heating, cooling, etc., all depends on oil. How do you think the supplies that make up our world get to us? By ship, train, and big rig trucks. As fuel cost increase, so do the shipping cost, which is passed along to us. We have a symbiotic relationship with oil.

As the price for oil increases, so do the prices for everything else in our economy. People will lose their jobs and homes as a result of companies downsizing or going out of business because consumers are using their money to line the pockets of oil men, oil speculators, and oil producing nations, instead of using their money to buy other items that keep our economy going.

The worst part about what is happening is that the money that is being spent for oil is going into the pockets of a few only.

It is time for us as a people to stand up and say; “what the fuck is going on?” You see the news should not be about McCain, Clinton, or Obama. It should be about the oil prices that are the National Emergency right now, and no one wants to talk about it.

If nothing is done about fuel prices, what will happen to our nation will make the Great Depression of the 1930’s look like a great time.

I say it is time to regulate oil just like utility prices are regulated. The big oil companies and their cronies are going to destroy our nation if we let them. Let someone in power in our government have the balls to stand up to big oil and set the record straight just like we did with Enron.

May god bless America. We need his blessing now!

Norman Gregory Fernandez, Esq., © 2008

***** 4/19/07 Update, See Below!

The California Highway Patrol is asking for the public’s help in its investigation of the circumstances surrounding the death of 29-year-old Christopher Lawrence Friedman, who was found dead on his lawn earlier this week.

The Humboldt County Coroner’s Office reported Wednesday that the Arcata man died from internal injuries he likely sustained during a motorcycle accident. A pathologist who performed an autopsy of Friedman’s body found that he had a ruptured spleen and lacerated lung and succumbed to his injuries outside his rural home, Coroner Frank Jager said Wednesday.

The Coroner’s Office reported finding Friedman’s pickup truck and motorcycle outside his home, with damage to the motorcycle and scratches to his helmet, Deputy Coroner Roy Horton said Wednesday.

Pieces of the motorcycle were found in the gravel in the area Friedman is believed to have crashed, Horton said.

“We know that the motorcycle had been in some sort of accident,” he said.
It’s believed that Friedman was involved in a motorcycle accident, went to a dance in Arcata Saturday night, then left at about 2 a.m. Sunday morning, the Coroner’s Office said.

The Humboldt Area CHP has begun an investigation to determine whether a traffic collision occurred, which caused his fatal injuries. Horton said evidence indicates Friedman was about three-quarters of a mile down the road from his house, at mile marker 4.75 on West End Road, when he was involved in an accident.

The CHP is asking any witnesses to a crash involving a motorcycle on West End Road on Saturday to contact its office at 707-822-5981 during business hours, or its after-business hours at 707-268-2000.

The body of Friedman, who lived in the 100 block of Willow Lane, which is just off West End Road, was found lying on his lawn at about 10:45 a.m. Monday by a delivery person.
If you can help, call the California Highway Patrol!

In my own experience as a California motorcycle accident lawyer, most motorcycle accident’s happen for whatever reason within 5 miles from the victim’s house. Bikers and motorcyclist should always ride defensively, even when they are close to arriving at home. You must always be vigilant!

My thoughts and prayers go out to the family of Christopher Lawrence.

**** 4/19/07 - Witness confirmed Man found dead was in crash

A witness has confirmed that Christopher Lawrence Friedman, 29, was in a motorcycle accident that may have led to his death, the California Highway Patrol said Friday.

Authorities had been a looking for a witness to confirm the accident after Friedman was found dead on his Arcata lawn Monday by a delivery person.

A witness came forward Thursday and said the accident was at approximately 2:30 p.m. on Saturday, but other details of the accident are not available yet, said Sgt. Matthew Larsen of the CHP.

”We're still investigating, waiting on some information from the Sheriff's Office,” Larsen said. The Sheriff's Office first investigated the case, but turned it over to CHP when it was found that Friedman had possibly died from a motorcycle collision.

An autopsy showed Friedman had injuries consistent with an accident, including a ruptured spleen and a lacerated lung.

Humboldt County Coroner Frank Jager said Thursday Friedman likely didn't realize the extent of his injuries and later went out with friends.

Jager added that he believed Friedman collapsed in front of his Willow Lane home after returning from a party sometime late Sunday night or early Monday morning.

The coroner said, according to the pathologist who performed Friedman's autopsy, people who suffer a ruptured spleen can bleed out for 24 to 48 hours before succumbing to the injury.

California Motorcycle Accident Center

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

Here is a checklist that every motorcycle rider should follow:

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

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

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

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

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

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

Preparing to Ride

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

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

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

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

Hydraulic and Coolant fluids — Level should be checked weekly.

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

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

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

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

Horn — Test the horn.

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

California Motorcycle Accident Center

Bakersfield Police officers are investigating a motorcycle crash that resulted in the death of a woman and critically injured a man overnight on the Stockdale Hwy.

The crash happened just after midnight in the 10,000 block of Stockdale Hwy. near Old River Rd.

The Police state that two people riding on a motorcycle were thrown from the motorcycle when they attempted to turn and accidentally hit the center median.

The woman who was a passenger died at the scene, the other victim who was the driver of the motorcycle, 30-year-old Sean Culp of Bakersfield, was taken to Kern Medical Center where he remains in critical condition.

The county coroner reports the victim who died was wearing a helmet at the time.

The Bakersfield police department is asking anyone who may have seen the crash to call them.

I cannot comment on this accident until the full facts are known. I have seen many supposedly single motorcycle accidents where a car was actually involved in causing the accident but then failed to stop.

Bakersfield, California Motorcycle Accident and Motorcycle Passenger Accident Center.

You have heard President Bush blame trial attorneys for the cost of health care being so high; you have heard a certain political party blame trial attorneys for the cost of health care being so high, and now another article is circulating on the Internet blaming trial attorneys for the cost of health care being so high. What you are hearing folks is flat out crap. It is time to air out the truth and call the B.S. for what it is; B.S.

We trial lawyers help personal injury victims including victims of medical malpractice, when nobody else will. We are usually the last and only recourse for persons who have been harmed. Do you think that a doctor, hospital, or other health care institution is going to just volunteer to compensate you for your losses?

What is Medical Malpractice? Medical Malpractice in a nutshell is a person suffering injuries or damages, as a result of a doctor or health care institutions failing to act as an ordinary professional in the community would. In other words, the doctor, hospital, or provider, causes you injuries by screwing up, usually with devastating results!

As we all know or should know, human beings are not perfect, and will sometimes make mistakes. Just like most commuters buy car insurance to protect themselves in case they screw up, doctors do the same thing.

It is not the fault of personal injury trial lawyers for a doctor or hospitals, screw-up, and it certainly is not the victims fault. We personal injury lawyers are the ones that go to bat for people who have been injured as a result of a doctor or hospital screw-up. It is our jobs and it is what we do. We help the victims to obtain compensation for their loss.

How could we be the ones who are responsible the high cost of medical care? In fact it is the insurance companies who are responsible for the high cost of medical malpractice insurance. I would like to think that the cost of malpractice insurance is based upon risk, but we all know the insurance companies exist to make a profit and that is it.

Now I like doctors, we all like doctors. They are the ones we turn to when we are sick. They make mistakes just like the rest of us, and they should be made to pay if lets say they cut off the wrong leg, fail to diagnose a serious condition, or leave tools in a patient after surgery. You get the picture.

With that being said, maybe doctors should adopt more stringent guidelines to discipline and police themselves, so that the bad doctors are weeded out. Maybe that will decrease their malpractice insurance rates.

California has had a cap of $250,000.00 on general damages for medical malpractice cases since the 1970’s. General Damages are damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. Imagine only being able to get a maximum of $250,000 if a doctor cuts off the wrong leg, or fails to diagnose a cancer that would have been curable it caught in time, etc. Victims are still entitled to out of pocket losses.
So there it is.

The cost of health care is through the roof. If anything it is greed that is driving up the cost. If universal health care was adopted, then maybe our nation would see some relief.

By>Norman Gregory Fernandez, Esq., © 2008

Orinda, California

A motorcyclist who crashed on Bear Creek Road over the weekend has died from his injuries, the Contra Costa County Coroner's Office said today.
The 41-year-old Hercules man suffered head injuries when he motorcycle crashed into a guardrail Sunday afternoon on Bear Creek Road near San Pablo Dam Road. He died Monday evening at John Muir Medical Center in Walnut Creek, a coroner's deputy said.
The California Highway Patrol said Monday that the man was traveling too fast into a road curve where the posted speed limit in the area is 50 mph. The man's identity is not being released until his family is notified.
He was found unconscious around 3:45 p.m. by a riding partner who had been following him but who did not see the accident, the California Highway Patrol said. He was taken to John Muir Medical Center in Walnut Creek.
The CHP said the man was wearing a helmet but that it became dislodged in the accident. Friends described him as an experienced motorcycle rider.

Upland, California

Motorcyclist injured in crash on 210
An Upland man suffered major injuries Monday when he lost control of his motorcycle and crashed on the eastbound 210 Freeway. Authorities said he was driving at more than 100 mph when the crash occurred.
The crash was reported about 5:40 p.m. on the 210 just west of Benson Avenue, according to a California Highway Patrol news release.
Richard Saylors, 42, rode his 2008 Harley-Davidson motorcycle on a double yellow line that divides the car-pool lane and the fast lane at 70 to 80 mph and split traffic, according to the CHP release.
A CHP officer, on the west side of the freeway, observed Saylors riding at more than 100 mph in a reckless manner about 2 miles before the crash occurred, according to the CHP release.
A 2002 Chrysler Sebring was ahead of the motorcycle in the fast lane and driving about 50 mph when the driver turned into the car-pool lane, according to the news release.
Saylors hit the left rear end of the Sebring, overturned and was thrown on the roadway, according to the release.
The eastbound 210 was closed for 10 minutes while a helicopter landed to transport the motorcyclist to a local hospital, CHP Officer Jaci Parent said.

Richmond, California

The California Highway Patrol is investigating what caused a Sunday motorcycle accident that killed a man on Richmond Parkway, a spokesman said.
Craig McGiffin, 33, of San Francisco lost control and was thrown from his motorcycle into the roadway, said CHP Officer Sam Morgan. He was pronounced dead at the scene. The solo crash was reported around 6:50 p.m. as the rider was northbound on Richmond Parkway near Parr Boulevard. After the man lost control, he hit a curb, and the impact threw him into the center divider and a tree, Morgan said. No other vehicles appear to have been involved in the accident, Morgan said. Officials are investigating what may have caused the rider to lose control, such as a medical issue or distraction. The weather was clear at the time of the crash.

I know that it really sucks having to read about such accidents; however you will notice a common theme among all of these accidents. Take it easy out there folks. These are real bikers and motorcyclist who have been killed or seriously injured while riding their motorcycles. Speed Kills!

California Motorcycle Accident Center

I have heretofore refrained from posting stories about motorcycle accidents and other news items that I think Bikers and Motorcyclist would not want to read. However, I have changed my position.

As a biker lawyer, a personal injury lawyer, and a lawyer who rides motorcycles, I feel like I have a duty to educate the public with what is going on out there in the real world with respect to bikers and motorcycles, especially in the State of California where I practice law as an attorney.

I am going to start posting news about motorcycle accidents throughout the State of California and other States when I can, to raise safety awareness amongst cagers and bikers and motorcyclist alike. Hopefully these articles will do some good.

I will continue to write regular articles from my biker lawyer perspective, however, look for the new news articles as well.

By Norman Gregory Fernandez, Esq., © 2008

I just read an employment ad for an associate attorney from a law firm that advertises itself in all of the major biker rags, handling motorcycle accident and biker law cases all over the United States of America. The ad specifically stated that experience with motorcycle accident cases is preferred but not necessary.

Need I say more! The ad specifically states “Motorcycle background also a plus, but not a must.”

Out of deference to the firm because I know them, I am not publishing their name or the contents of their ad. I have saved their ad just in case there are any questions as to the authenticity of my article.

As I have previously written, I only know of a couple other lawyers in the State of California other than myself that can call themselves a true Biker Lawyer.

There is a Latin term; caveat emptor, which means let the buyer beware. Just because you see a lawyer or law firm advertising themselves as a biker lawyer, or motorcycle accident lawyer, does not mean they know squat about motorcycles, bikers, or motorcycle accidents.

You can read my articles here on the Biker Law Blog which discusses why it is important to retain a lawyer who actually knows and rides motorcycles for your motorcycle accident case!

If you have any doubts about your lawyer, ask them two simple questions; “what do you ride,” and “when is the last time you have rode a motorcycle.”

I am a REAL biker lawyer, and a motorcycle accident lawyer, who handles cases all over the State of California. You may call me anytime at 800-816-1529 to discuss your California motorcycle accident case.

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

The Biker Law Blog and I were recently featured in the San Fernando Valley Business Journal, March 3-16, 2008 edition. (“SFVBJ”)

The article written by James Hames discusses how lawyers are using the Internet and Wireless Technology in their law practice. The article also featured a picture of me on my Hog in the Chatsworth Mountains in a business suit.

When I was interviewed for the article by Mr. Hames, he told me that he found me by searching on the internet.

As a Biker Lawyer and Personal Injury Lawyer, I feel that it was an honor to be featured in the article because let’s face it, Bikers sometimes face discrimination as we all know. Although the article was more about lawyers, then bikers, it discussed the Biker Law Blog and the audience for which it is intended; bikers.

I am currently looking into buying re-print rights for the article so that I can share it with you.

The photographer who photographed me for the article emailed me copies of the pictures that he took for the article. One of them is on the upper left.

It is good to see that a publication such as the San Fernando Valley Business Journal would cover a Biker Lawyer and the Biker Law Blog.

By Norman Gregory Fernandez, Esq., © 2008