Biker and Motorcycle Related Legal Articles

Here is the operative part of what makes Lombardi tick: "Motorcyclists who are involved in wrecks and not wearing helmets account for a large number of victims suffering debilitating brain damage." You have to assume that he is part of the statistic he cites.

Maybe it would be better if society was protected from the insanity inherent in lawyers who do NOT ride black Electra Glides :)

I have a hard time supporting bicyclists rights. This stems for their flagrant disregard for any sense of common courtesy on the roads or sidewalks. From the ones that I see there is a basic failure to obey fundamental traffic laws such as stopping for red lights or yielding to pedestrians.

Maybe in California bicyclists are different here in Washington State. Here it seems that bicyclists have a death wish.

As for the Drunk Driver -- try the laws from El Salvador. There is no second offense.

Well if a bicyclist fails to stop for a red light or yield to pedestrians then they should be responsible for the repercussions of their actions just like anyone else.

The gist of my article is a bicycle rider being run over by a drunk driver and being dragged to his death due to no fault of his own, only to have the person who did it laugh about it!

Apples and Oranges!

Norm

The guy is a nazi talking about universal health care costing more for bikers to justify higher insurance premiums from bikers.
If they are so knowledgeable about bikes why do they keep insisting on selling us helmets when the product cuts off our hearing & peripheral vision? Both all important to avoiding accidents in the first place!
Todd

What is amazing Todd is that this same guy wants to represent bikers! Would you want a guy like this representing you?

Norm

If my caring for my clients who have suffered traumatic brain injury is offensive then so be it. If my 27 years of representing those who ride motorcycles and suffer brain injury as a result of not wearing a helmet is offensive, then once again so be it. Like you I'm entitled to my own opinion. And that opinion is as you describe, my American right. Most of the lawyers who do personal injury work will tell you exactly what you want to hear – “no we don’t need to wear helmets, we should be allowed to do whatever it is we want too”. You’re too smart of a man to believe that just because a lawyer has been telling you what you want to hear that he/she somehow is qualified or more likely to have had your best interests in mind or to be the best lawyer for the biker’s case. Certainly when you get in an accident you can’t believe because their opinion was to let you ride with your skull exposed to trauma that they are qualified to represent you. Or for that matter even care about you as a human


I’m not like a lot of the lawyers who advertise because I won’t tell anyone who rides a motorcycle what they want to hear in hopes of later getting their case. You see I won’t pander to a motorcyclist just to make a buck. I’ve seen first hand what brain injury does and how it destroys a biker’s life. There is no amount of money anyone can pay me that would cause me to lie and pander to them with the hope to someday get their case. If any biker wants to be lied to, so be it. Don’t show up at my office because I’m sure to disappoin


Mr. Fernandez I enjoyed your point of view but it’s only a point of view. In the courtroom everyone has a point of view, but can every lawyer try a biker’s case? We can stand in court all day long espousing about biker rights but in the end when the legislature won’t require car owners to carry anymore than $20,000.00 in coverage and many drivers are without insurance coverage I sleep better at night telling biker’s what they need to hear and not what they want to hear. In the court room any lawyer with book on me will tell you I represent my client zealously and without pau
r />
Examine my motives for saying motorcycle helmets need to be mandatory for some or all riders. If there were less brain damage I’d make less money and there would be a few more motorcycle riders still on the road riding. Accidents would result in less severe injuries. (We can argue this point but don’t because we don’t have to when selecting a lawyer after the fact.) How does a biker wearing a helmet benefit me financiall
/>
Now if I were to say, “We don’t need any stinking mandatory helmet laws! Let them ride free of die!” Well, crashes would result in more deaths and brain damage. “Come to me because I’m a good guy!” A good guy is defined as someone who told you what you wanted to hear before you turned your brain into mush and became totally unemployable. But what the heck if you do I have more cases and higher damage awards or settlem


Which lawyer really is being genuine and cares about your well being?
Which lawyer is in it just for the bucks?

So what can I tell you and your readers today? Do you carry $2,000,000.00 worth of underinsured and uninsured motorist coverage on your ride? If you don’t carry that kind of insurance coverage you should. Because that law education you worked so hard for is what you’re risking with your hair flying free in the wind. I’ve ridden and know the feeling of freedom. I’ve crashed a motorcycle and assume many of your readers have as well. Okay you want me to say it, okay I will. You don’t need to wear a helmet; but if you don’t you do need $2,000,000.00 worth of insurance protecting you and the ones who depend on you. That’s advice for free and I didn’t make a dime off of giving it to you. Plain spoken, straight forward and perhaps not what your readers wanted to hear, but nevertheless it’s what they needed to hear. Onward
rch
>

Thanks for your response Mr. Lombardi. Many of my readers are other lawyers, and many are bikers.

If you read my articles you will see that I personally recommend wearing a helmet, and I personally recommend large insurance policies. I choose not to force my views on free Americans, I only make recommendations.

How many people are killed or seriously injured with steak knives each year? Should we ban steak knives? You see living is a risky business, and a fatal illness in the end!

You see Mr. Lombardi, I actually practice what I preach. I am a biker. I will be riding to the Laughlin River run this weekend along with tens of thousands of other bikers. I will be wearing a full face helmet, and I will have a great time.

I will not preach mandatory insurance minimums, mandatory helmet laws, or mandatory health insurance to those I mean to represent, because it I believe in freedom of choice.

Yes motorcycle accidents can and do result on horrific injuries, just like car accidents, slip and falls, product liability cases, etc. Why single out bikers, especially if you want them as clients?

Norm

Norman,

While I understand that many people are passionate about rights, it is clear that many people's exercise of those rights can be less than intelligent.

The clear evidence that nearly 70% of motorcycle fatalities involve riders who were not wearing helmets is difficult to refute. When I teach motorcycle safety classes, I liken this playing a casino game of chance - even those who do not wear helmets when they ride would think twice before playing a casino game that can liberate them of their cash 7 out of 10 plays. Except, the game they play when they ride without helmets is gambling with their lives, not money.

And considering the fact that over 4,000 riders lost their lives last year to head injuries (an increase of 127% over 1997 statistics) speaks volumes. I've seen the commentary on many sites that tries to relate the fact that nearly the same amount of people died in SUV accidents. Apples and oranges I say. The number of SUV owners far outpaces motorcycle owners in America.

With regards to your "steak knife" analogy, that dog just won't hunt. If people were running up and down our national system of Interstate Defense Highways and killing each other in accidents with steak knives, I doubt that the law banning fools with steak knives on highways would take as long to be enacted as mandatory helmet laws.

In fact, this country is famous for enacting laws to protect people against less damaging things - breast implants for a time, law jarts, etc.

Why we are so unwilling to pull the trigger on something that would clearly save lives? Motorcycles make up less than 2% of all vehicles, and account for .4% of all miles traveled, and we still have as many deaths as SUV drivers?

No one is taking away the privilege to ride, the suggestion is simply that motorcycle head injuries impact many people. I personally lost a relative and a friend to a lack of helmet usage.

It's time to stop the arguments and save lives. States require seatbelt use to save lives, it's time for the helmet law.

I totally agree with you. First of all it's absolutely inhuman to do what that stupid woman did (excuse, but I can't call her otherwise). And it's just because you're a biker, but it's not normal at all to laugh to someone saying that you killed a biker...

Well J. Miller you do make some good arguments. How about this one; 100% of all fatal non motorcycle vehicle accidents, i.e. car, trucks, suv's, etc., involve people who are not wearing helmets. Therefore, we should make all people who ride in cars wear helmets.

Furthermore, there are many more deaths related to non motorcycle vehicle accidents, i.e. car, trucks, suv's, etc., than motorcycles. Therefore it is much more critical to enact mandatory helmet laws for people riding in cages, cars, suv's, trucks, etc.

The simple truth is that no matter what argument you make, there are counter arguments that also make sense, so why just discriminate against bikers and motorcyclist? Why not go after the whole enchilada?

I always recommend wearing a helmet. I wear a helmet. However, I am against big brother telling me that I have to wear a helmet. Regulations always seem to lead to more regulations!

Norm

Helmet laws suck , I can no longer ride a motorbike because of my knee where i twisted the below knee around and damged the cartiladge and am no longer considered fit to be in control of one, but I am not classed as disabled , and , still ride an all terrain bike almost everywhere , without discomfort, so why ban me ? So now they want to make me wear a helmet on the mountain bike ! Why not teach car and commercial vehicle to look out a bit better, give some consideration , after all they are in a steel cocoon , what next? a suit of armour?