Biker and Motorcycle Related Legal Articles

I recently watched a video report from a local TV news channel in San Diego, that you can see by clicking here, and then searching on lane splitting.

It was surprising to me that most cagers (people in cars) did not realize that lane splitting is legal in the State of California. On a personal level, this would explain the reactions I get from people when I lane split. Some cars actually will try to cut off the lane, or honk at you as you go by in between lanes.

Hell I know what it is like to be in a car in bumper to bumper traffic, wishing I was on my motorcycle and so forth, but road rage does not explain what I have seen on the road. If most cagers do not know that lane splitting is legal, they may think in their own sick way that they are doing a public good by cutting us off or honking at us when we are doing a completely legal activity such as lane splitting.

I am calling on all bikers, biker websites, the AMA, MSF, ABATE of California, and anyone else involved in the motorcycle community to help educate the public.

Motorcyclists in the State of California are legally allowed to ride in between lanes or lane split. People in cars have no right to intentionally cut off motorcycles that are lane splitting, and should not be honking at us when we are lane splitting.

If a cager wants to get out of bumper to bumper traffic, then buy a motorcycle.

By Norman Gregory Fernandez, Esq., © 2007

I recently read an article about a guy who had his motorcycle stolen, and then saw a guy riding it right next him while he was in his car. You can read the article by clicking here.

There is nothing funny about this story. The guy who had his motorcycle stolen, engaged in a high speed chase to get his motorcycle back, and did in fact get his motorcycle back.

The reason I say that there is nothing funny about this story is that I know bikers. I already know how the vast majority of bikers would answer the question that I asked in the title of this article. Some would say that they would shoot the guy; some would say that they would chase the guy, etc. Knowing bikers, it makes me laugh just thinking about how they would respond to the question.

Motorcycle thefts are currently at an all time high right now because of the increase in popularity of riding motorcycles.

I know many of you are thinking that they guy who engaged in the high speed chase to get his motorcycle back did the right thing, and that you would do the same thing, however you must consider the consequences.

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Everyone in the motorcycle world is or should be aware of the fact that motorcycle builder Billy Lane is accused criminally and civilly of killing Gerry Morelock, while Morelock was riding a street legal scooter.

As I have stated in previous articles on my Biker Law Blog about the case, Lane who was riding a cage, is accused of crossing a double yellow line while drunk and driving with a suspended license, and hitting Morelock who was killed instantly. You can do a search on the right bar for Billy Lane or Gerry Morelock to find the other articles I have written.

My good friend Mike Odom has conducted an interview of Gerry Morelock’s kid brother. You can find the interview by clicking here now.

The interview is a poignant reminder that there is a human being on that motorcycle you see on the road, and that human being has family who suffers greatly when an idiot decides to disregard a biker’s right to be on the road.

I send my condolences to the family of Gerry Morelock.

By Norman Gregory Fernandez, Esq., © 2007

Florida is using a civil seizure law in an effort to combat speeding sport motorcycle riders. As stated in an article that you can read by clicking here; law enforcement is using an old law to combat speeding sport motorcycle riders.

The gist of the law is that once a Florida law enforcement officer turns their lights on to pull someone over, and if they allegedly speed up, their motorcycles can then be seized because they were used in the commission of a felony, i.e. “aggravated fleeing and eluding.”

The article states that the officers do not have to identify the person riding the motorcycle; all they have to do is get the license plate information. The law allows them to then seize the motorcycle rather than chase it.

As a Biker and Motorcycle Lawyer and Bikers Rights advocate this method of cracking down on speeders is disturbing to me on many different levels.

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I have recently read newspaper articles, statistics from various governmental entities, and from other sources about motorcycle death rates increasing in States that revoked their mandatory helmet laws. I am not going to post all of the links here. If you search for helmet law debate on Google you will get tons of hits. Read to your hearts content.

This debate as far as I am concerned will never end, especially amongst bikers like me that grew up riding with no helmets.

I feel that the choice should be up to the individual biker. There are valid arguments for wearing helmets and not wearing helmets, but the law should give Americans the freedom of choice. That is my issue with helmet laws.

As I started doing motorcycle accident cases, and have had my own incidents of going down, I made the choice to wear a helmet for my own personal reasons. There is no doubt as to what happens when a human head hits the pavement; the pavement wins everytime. However, I must make an admission; I sometimes still ride with no helmet in States where it is legal, because I love the wind in my hair on the open road. My friends and brothers who have ridden with me on out of State rides know this to be true.

America is about Freedom; being a Biker is about Freedom. Freedom of choice is what makes America great. I say let us decide whether to wear helmets or not.

I know I will probably get many comments on this short article about the pros and cons of riding with helmets.

The purpose of this article is to make a point about personal freedoms, and to advocate the freedom of choice. Can you imagine some lunatic legislators enacting laws requiring Motorcyclist to wear seatbelts?

Where does government intrusion into our personal lives end if we do not stand up for ourselves and make a statement?

How do we make a statement that our government will listen to? Simple; write your congressmen, State legislators, and vote for candidates that advocate freedom.

The trouble with freedom is this; if you let it go, it is very hard to get back!

By Norman Gregory Fernandez, Esq. , © 2007

I have been asked by many people what is the difference between a biker lawyer and a normal personal injury lawyer.

The main difference is that a biker lawyer actually rides motorcycles and is a biker himself. A biker lawyer has a unique insight when dealing with motorcycle accident cases that a normal personal injury lawyer does not have. Why, because we also ride motorcycles.

Frankly I know of only 2 other biker lawyers in the State of California that actually ride motorcycles besides me. There may be more; I don’t know. I do know of several other lawyers that ride, but they do not do personal injury. I even know of one Judge who rides motorcycles.

What ticks me off is a bunch of normal personal injury lawyers pawning themselves off as biker lawyers. You see them advertising in the biker rags, you may see them at events. Have you ever seen any of them actually riding?

The next time you come across a so-called biker lawyer, why don’t you ask him to take a ride with you? The proof is in the pudding so to say.

I am a real biker lawyer. I am a biker and I do personal injury. My practice is not just limited to motorcycle accident cases; I also do car accidents, truck accidents, other motor vehicle accidents, and other torts such as slip and falls, assault and battery, etc. However, my passion is prosecuting injury cases for other bikers. Don’t get me wrong; I aggressively prosecute all cases for my clients. If you are the victim of a car accident, I will treat you no differently than any of my other clients.

If you are a biker you have probably heard comments made by cagers such as: “we are the best organ transplant donors;” “we are crazy for riding motorcycles because they are dangerous,” etc.

In a personal injury case there is a general bias against bikers and motorcycles amongst potential jury pools. It is my opinion that only a biker lawyer himself can explain to a jury during trial, that bikers and motorcyclist have the same right to share the road as everyone else.

It is much easier for me because I feel what I say. There is no act; I feel a kinship towards my biker clients.

There is a general bias amongst jury pools against bikers and motorcyclist. They automatically think that it is our fault when we get hit by a cager, because we are engaged in a dangerous activity. This bias has to be addressed at trial in Jury Selection, and during the trial.

Bottom line; if you have had a motorcycle accident, get a real biker lawyer. If you are in California, give me a call at 818-584-8831 extension 1, or go to my biker lawyer website by clicking here now.

By Norman Gregory Fernandez, Esq. ,©2007