Biker and Motorcycle Related Legal Articles

***** 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

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