Biker and Motorcycle Related Legal Articles

Well this is my last article for the year 2007. It has been one heck of a year. I was thinking about this past year and thinking to myself wow, what a year. I have written many articles in the past year, and I have done many motorcycle accident and personal injury cases over the past year.

As I was thinking about the motorcycle accident, and other personal injury cases, and my clients, I was thinking about all of the cities and counties in the State of California where my clients come from, where they had their accidents, where they live, and where my law firm handles motorcycle accident cases, and other personal injury cases. Some of my clients have even moved out of California since their accidents.

Just for the heck of it, I thought I would try to come up with a list of cities and counties where my clients either come from, had their accidents, or where we handle motorcycle accident and other personal injury cases in California.

Here is the list; I hope I included everyone;

Southern California, Central California, Northern California, 29 Palms, Adelanto, Agoura Hills. Alameda, Albany, Alhambra, Aliso Viejo, Alturas, Amador City, American Canyon, Anaheim, Anderson, Angels Camp, Antioch, Apple Valley, Arcadia, Arcata, Arroyo Grande, Artesia, Arvin, Atascadero, Atherton, Atwater, Auburn, Avalon, Avenal, Azusa, Bakersfield, Baldwin Park, Banning, Barstow, Beaumont, Bell, Bell Gardens, Bellflower, Belmont, Belvedere, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Biggs, Bishop, Blue Lake, Blythe, Bradbury, Brawley, Brea, Brentwood, Brisbane, Buellton, Buena Park, Burbank, Burlingame, Calabasas, Calexico, California City, Calimesa, Calipatria, Calistoga, Camarillo, Canoga Park, Canyon Lake, Capitola, Carlsbad, Carmel-by-the-Sea, Carpinteria, Carson, Cathedral City, Century City, Ceres, Cerritos, Chatsworth, Chico, Chino, Chino Hills, Chowchilla, Chula Vista, Citrus Heights, Claremont, Clayton, Clearlake, Cloverdale, Clovis, Coachella, Coalinga, Colfax, Colma, Colton, Colusa, City of Commerce, Commerce, City of Industry, Compton, Concord, Corcoran, Corning, Corona, Corona Del Mar, Coronado, Corte Madera, Costa Mesa, Cotati, Covina, Crescent City, Cudahy, Culver City, Cupertino, Cypress, Daly City, Dana Point, Danville, Davis, Del Mar, Del Rey Oaks, Delano, Desert Hot Springs, Diamond Bar, Dinuba, Dixon, Dorris, Dos Palos, Downey, Duarte, Dublin, Dunsmuir, East Los Angeles, East Palo Alto, El Cajon, El Centro, El Cerrito, El Monte, El Segundo, Elk Grove, Emeryville, Encinitas, Escalon, Escondido, Etna, Eureka, Exeter, Fairfax, Fairfield, Farmersville, Ferndale, Fillmore, Firebaugh, Folsom, Fontana, Fort Bragg, Fort Jones, Fortuna, Foster City, Fountain Valley, Fowler, Fremont, Fresno, Fullerton, Galt, Garden Grove, Gardena, Gilroy, Glendale, Glendora, Goleta, Gonzales, Grand Terrace, Grass Valley, Greenfield, Gridley, Grover Beach, Guadalupe, Gustine, Half Moon Bay, Hanford, Hawaiian Gardens, Hawthorne, Hayward, Healdsburg, Hemet, Hercules, Hermosa Beach, Hesperia, Hidden Hills, Highland, Hillsborough, Hollister, Hollywood, Holtville, Hughson, Huntington Beach, Huntington Park, Huron, Imperial, Imperial Beach, Indian Wells, Indio, Industry, Inglewood, Ione, Irvine, Irwindale, Isleton, Jackson, Kerman, King City, Kingsburg, La Canada Flintridge, La Habra, La Habra Heights, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lancaster, Larkspur, Lathrop, Lawndale, Lemon Grove, Lemoore, Lincoln, Lindsay, Live Oak, Livermore, Livingston, Lodi, Loma Linda, Lomita, Lompoc, Long Beach, Loomis, Los Alamitos, Los Altos, Los Altos Hills, Los Angeles, Los Banos, Los Gatos, Loyalton, Lynwood, Madera, Malibu, Mammoth Lakes, Manhattan Beach, Manteca, Maricopa, Marina, Martinez, Marysville, Maywood, McFarland, Mendota, Menlo Park, Menifee, Merced, Mill Valley, Millbrae, Milpitas, Mission Viejo, Modesto, Monrovia, Montague, Montclair, Monte Sereno, Montebello, Monterey, Monterey Park, Moorpark, Moraga, Moreno Valley, Morgan Hill, Morro Bay, Mount Shasta, Mountain View, Murrieta, Napa, National City, Needles, Nevada City, Newark, Newman, Newport Beach, North Hills, North Hollywood, Norco, Northridge, Norwalk, Novato, Oakdale, Oakland, Oakley, Oceanside, Ojai, Ontario, Orange, Orange Cove, Orinda, Orland, Oroville, Oxnard, Pacific Grove, Pacifica, Palm Desert, Palm Springs, Palmdale, Palo Alto, Palos Verdes Estates, Paradise, Paramount, Parlier, Pasadena, Paso Robles, Patterson, Perris, Petaluma, Pico Rivera, Piedmont, Pinole, Pismo Beach, Pittsburg, Placentia, Placerville, Pleasant Hill, Pleasanton, Plymouth, Point Arena, Pomona, Port Hueneme, Porterville, Portola, Portola Valley, Poway, Rancho Cordova, Rancho Cucamonga, Rancho Mirage, Rancho Palos Verdes, Rancho Santa Margarita, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Reedley, Reseda, Rialto, Richmond, Ridgecrest, Rio Dell, Rio Vista, Ripon, Riverbank, Riverside, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, Roseville, Ross, Sacramento, Salinas, San Anselmo, San Bernardino, San Bruno, San Buenaventura, San Carlos, San Clemente, San Diego, San Dimas, San Fernando, San Fernando Valley, San Francisco, San Gabriel, San Gabriel Valley, San Jacinto, San Joaquin, San Jose, San Juan Bautista, San Juan Capistrano, San Leandro, San Luis Obispo, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, San Ramon, Sand City, Sanger, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Santa Paula, Santa Rosa, Santee, Saratoga, Sausalito, Scotts Valley, Seal Beach, Seaside, Sebastopol, Selma, Shafter, Shasta Lake, Sierra Madre, Signal Hill, Simi Valley, Solana Beach, Soledad, Solvang, Sonoma, Sonora, South El Monte, South Gate, South Lake Tahoe, South Los Angeles, South Pasadena, South San Francisco, St. Helena, Stanton, Stockton, Studio City, Suisun City, Sunnyvale, Susanville, Sutter Creek, Taft, Tarzana, Tehachapi, Tehama, Temecula, Temple City, Thousand Oaks, Tiburon, Torrance, Tracy, Trinidad, Truckee, Tulare, Tulelake, Toluca Lake, Turlock, Tustin, Twentynine Palms, Ukiah, Union City, Upland, Vallejo, Valley Village, Van Nuys, Ventura, Vernon, Victorville, Villa Park, Visalia, Vista, Walnut, Walnut Creek, Wasco, Waterford, Watsonville, Weed, West Covina, West Hills, West Hollywood, West Sacramento, West Carson, West Los Angeles, Westlake Village, Westminster, Westmorland, Wheatland, Whittier, Williams, Willits, Willows, Windsor, Winnetka, Winters, Woodlake, Woodland, Woodland Hills, Woodside, Yorba Linda, Yountville, Yreka, Yuba City, Yucaipa, Yucca Valley, Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, and Sierra County.

California is a very big State with many different cities and counties as you can see. If you have been in a motorcycle accident or other motor vehicle accident in any of the above cities or counties, give me a call at 800-816-1529 for a free consultation!

Happy New Year,

By Norman Gregory Fernandez, Esq., © 2007

My friend Ed from Blawg Review sent me a link to a story which was written by Steve from Bikernewsonline.com. Steve has posted comments here on the Biker Law Blog in the past. He broke what I consider to be a major story.

Apparently, Mexican Businessman Alberto Lenz has prevailed in a lawsuit against Harley Davidson for the “Sportster” Trademark in Mexico after a four year battle. What is even more interesting is that Mr. Lenz was willing to sell the Trademark to Harley Davidson for the sum of $100,000 U.S. dollars. Harley Davidson refused Mr. Lenz’s offer and will now have to pay Mr. Lenz approximately 40% of the sales price of every Harley Davidson Sportster that was sold in Mexico since 1989.

The Harley Davidson “Sportster” brand motorcycle is Harley Davidson's low end production motorcycle that comes in either 883 or 1200 cc configurations, and is their lowest priced street motorcycle.

The judgment means that Harley Davidson will have to pay Lenz millions of dollars. You can read a link to the story on bikernewsonline.com that was written by Steve by clicking here now. You can read the story in Spanish from La Journada by clicking here now. Here is a link to the translated article.

What I cannot ascertain is if the Court decision actually prohibits Harley Davidson from selling motorcycles under the Sportster brand name in Mexico now. I would assume that it does.

I guess that a simple solution for Harley Davidson would be to either try to work out a deal with Mr. Lenz to purchase or license the Mexican Trademark, or to re-brand the Sportster motorcycle for the Mexican market. Either way they made a huge blunder by losing this lawsuit, when they could have owned the Trademark for $100,000. Now they will have to pay millions!

By Norman Gregory Fernandez, Esq., © 2007

The State of Florida has proposed a new law HB137 2008, which is geared specifically towards bikers and motorcyclist. I will call it the Florida Reckless Motorcycle Law.

The gist of the new law is that if a law enforcement officer charges a person with reckless driving, or driving 30mph over the speed limit, and who was riding a motorcycle at the time, the officer must arrest the rider, take him or her into custody, and seize the motorcycle, which will be subject to forfeiture under Florida's Contraband Forfeiture Act. You can read the proposed new law by clicking here.

If that person is convicted under the new law, the Court SHALL order the Department of Motor Vehicles to revoke their motorcycle endorsement. This specifically means that the person will no longer legally be able to ride a motorcycle in the State of Florida.

If you have read my Biker Law Blog for some time you will have heard my calls for the guys who are doing stunts on public roads and highways to cease and desist because they would screw it up for the rest of us. I have also called for other bikers and motorcyclist to put peer pressure on the guys that are doing the stunts on public roads. Now it appears that State Legislatures will start trying to do it for us.

I am against the State of Florida’s HB137 2008 because it puts too much discretion into law enforcements hands with respect to being required to arrest bikers and motorcyclist who are allegedly doing 30mph over the speed limit, or riding recklessly. Furthermore the provision that allows law enforcement to seize the motorcycle and sell it smacks of another government scam to obtain revenue by selling seized motorcycles without first having to prove beyond a reasonable doubt that the person riding the motorcycle committed a crime. Civil seizure statutes require a different burden of proof than convicting persons of a crime.

You mark my words, if this law passes, you will see bikers and motorcyclist of all types be rousted by law enforcement, losing their motorcycles, and their motorcycle endorsements. This law is another way for law enforcement to discriminate against bikers and motorcyclist.

I am calling all Floridians to contact their legislature and put and end to HB137 2008 because it is discriminatory against bikers and motorcyclist.

If Florida wants such a law, it should be applicable to persons driving any motor vehicle, not just motorcycles, and then maybe the law might be fair if you want to live in a State that can just seize your property on an allegation by law enforcement.

What is wrong with Florida? Recently a city in Florida tried to outright ban motorcycles, but it did not pass.

It is time for us bikers and motorcyclist to start really coming down on the idiots that are doing stunts on public roads with their sport motorcycles, because they are now bringing down heat on all of us.

It is also time for us bikers and motorcyclist to stand up for our rights before they are taken away from us forever!

By Norman Gregory Fernandez, Esq., © 2007