Biker and Motorcycle Related Legal Articles

california motorcycle accident lawyer Norman Gregory Fernandez at Cooks Corner

If you have been in a Motorcycle Accident ANYWHERE in The State of California, call me now 24 hours per day, 7 days a week, for a free consultation at 800-816-1Law (800-816-1529), Extension 1

Welcome! my name is Norman Gregory Fernandez, Esq. I am a real biker, and a real California Biker and Motorcycle Lawyer.

Click Here to find out more about me.

I created the Biker and Motorcycle Lawyer Blog to share my experience of being a biker and a lawyer.

With more and more motorcycles on the road each year, it is important for bikers and motorcyclist to know their legal rights.

You will find many interesting biker and motorcycle related law articles in this blog.

I invite bikers who want to post articles and links to contact me at law@norman-law.com.

In this section we will cover legal subjects related to bikers and motorcycles.

Articles are written by biker and motorcycle lawyer Norman Gregory Fernandez, Esq., and other authors.

Legal Disclaimer

Search

Choose skin

Linkblog

Motorcycle Manufacturers

Law Blogs

Lawyers

  • My Motorcycle and Biker Law Firm Website This is my law firm's Motorcycle Website. On my website you will find out about The Law Office of Norman Greogory Fernandez's law practice related to Motorcycle and Biker personal injury, biker's rights, criminal law, online legal books, and ton's of information. Check it out! Permalink
  • The Law Offices of Norman Gregory Fernandez & Associates This is my main website. On this site you will find out about the various aspects of my law firm's legal practice. We do Personal Injury, Family Law, Civil Litigation, Appelate Work, Criminal Law, Workers Compensation, and other types of cases. There is a ton of information on my mail website. Check it out! Permalink

Non Motorcycle Related Links

  • GalaxyStorm Radio The Best Rock & Roll on the Net GalaxyStorm Radio is the best Rock & Roll radio station on the internet. Their playlist is the best I have ever heard. They play Rock & Roll from the 60's to present time and they have some great comedy on their station as well. Their website has tons of fun stuff to look at too! Permalink

Motorcycle Rights Organizations

Motorcycle Events

Motorcycle Education and Resources

Legal Links

  • Calfornia Wrongful Death Center This website deals exclusively with Wrongful Death in the State of California. If you have been the victim of a wrongful death in California check out this site. Permalink
  • California Family Law Center This is the main family law website for the Law Offices of Norman Gregory Fernandez & Associates. You will find all sorts of information related to California Family Law on this site. Permalink
  • California Personal Injury Center This is the Law Office of Norman Greogory Fernandez's main personal injury website. If you have been injured in the State of California you are going to want to check out this site. Permalink

Motorcycle & Biker Blogs

Other

  • Legal Disclaimer

    The Biker and Motorcycle Lawyer Blog / Blawg, the Biker and Motorcycle Related Legal Articles Blog, the Motorcycle Safety Tips Blog, the Link Blog, the Motorcyle and Biker Ride Reports Blog, the California Personal Injury Lawyer, Attorney, Blog, and the Southern California Family Law Blog / Blawg is published by Attorney Norman Gregory Fernandez, Esq., and The Law Offices of Norman Gregory Fernandez & Associates, as an educational resource only. None of the material on this site is expressly or impliedly meant to provide legal advice to you in any way shape or form. Since the material on this site is provided for educational use only, and laws continuously change from time to time, the author of this website neither expressly nor impliedly warrants that any of the material provided on this website is accurate. If you have a legal issue we strongly suggest that you contact a lawyer in your State for a legal consultation. If you are in the State of California, you may contact The Law Offices of Norman Gregory Fernandez & Associates for a consultation on your matter. No attorney / client relationship shall be expressly or impliedly created between Attorney Norman Gregory Fernandez, Esq., or The Law Offices of Norman Gregory Fernandez and you, by the publishing of articles on this site, nor should you interpret that any such relationship has been created by the publishing of any content on this site.
    All articles related to Biker Safety are provided for educational use only, and constitute expressions of opinions and advice of the author only. Attorney Norman Gregory Fernandez and The Law Offices of Norman Gregory Fernandez shall assume no liability whatsoever for your reliance on any of articles contained herein, nor should you rely on said articles as statements of fact.

    Permalink

XML Feeds

What is RSS?

Who's Online?

  • Guest Users: 23

 Breaking Legal News

 American Bar Association Top 100 Blawg Honoree

When a Dangerous Condition on Public Roads Causes a Motorcycle Accident; What Do You Do?

09/10/08

When a Dangerous Condition on Public Roads Causes a Motorcycle Accident; What Do You Do?

California motorcycle accident lawyer Norman Gregory Fernandez discusses claims against public entitiesI have handled many motorcycle accidents that were caused solely by dangerous conditions on public roads and highways. Many bikers and motorcyclists don't realize it, but when a dangerous condition on a public road causes a motorcycle accident, in many circumstances a public entity might be responsible not only for the accident, but for your damages that result therefrom.

These types of accidents are not your garden-variety rear renderer, left-hand turn, or vehicle on vehicle accidents. A motorcycle accident due to a dangerous condition on a public road is a much more complicated type of case.

I have handled cases that run the gambit of dangerous conditions on public roads such as; potholes on the road that made the road look like a moonscape; large sinkholes on public streets; stop sign hidden by brush; rock like outcroppings on what should be a smooth street; construction crews failing to warn motorists that they were doing construction ahead, etc.

The reason these types of cases are complicated is because they don't have a simple defendant or two, and their insurance company to deal with. In these types of motorcycle accident cases, 99% of the time you'll be going after a public entity such as a city, county, or even a state. If the accident occurred on federal property such as a military base, you might be going after the federal government. In this article I will only be dealing with a state claims, or public entities within states.

One thing is for certain, if you are the victim of this type of accident, whereby the accident was due to a dangerous condition on public roads, or highways, you'll need to retain a competent attorney that knows how to deal with such claims.

You are not going to want to hire a personal injury firm that is a settlement mill, or a firm that advertises that they handle motorcycle accidents, but have no attorneys that actually ride motorcycles. You are going to want to hire experienced motorcycle accident attorneys that not only ride motorcycles and are familiar with dangerous conditions on public roads, but are also experienced in doing with such claims against governmental entities, as well as lawsuits against governmental entities.

My law firm has handled many such claims against governmental entities all over the state of California. The bottom line is that not only motorcyclists, but all motorists whether they were riding in cars or trucks, deserved to have a road, highway, or freeway that is free from dangerous conditions.

These are not the type of cases that a person who is injured wants to wait to retain an attorney on. You see you only have six months under the California Government code to file a claim against the governmental entity for your personal injuries, and property damage. If you fail to file a claim within six months, you may be apply to the governmental entity for leave to file a claim, however applications for leave to file a claim are almost always denied. In other words, if you don't file the claim against the governmental entity within six months, your shit out of luck and will have lost your ability to file a lawsuit for your injuries.

In my experience, 99.99% of all claims against governmental entities are either rejected or denied. If the governmental entity formally rejects a claim for personal injuries in writing, you'll then have only six months to file a lawsuit against that government entity. Basically, all such claims eventually result in us having to sue the governmental entity.

If you have suffered a personal injury whether it be due to a car accident, motorcycle accident, truck accident, or other motor vehicle accident, due to a dangerous condition in a public road, highway, or freeway in the state of California do not mess around. Call my office at 800-816-1529, extension 1. We will tell you over the phone if you have a good case.

By California motorcycle accident lawyer Norman Gregory Fernandez, © 2008

Trackback address for this post:

This is a captcha-picture. It is used to prevent mass-access by robots.

Please enter the characters from the image above. (case insensitive)

Comments, Trackbacks, Pingbacks:

Comment from: Ajlouny & Associates [Member] Email · http://www.ajlounyinjurylaw.com/motorcycle_accident.htm
Unnerving that most governmental lawsuits are most likely denied. But that shouldn't deter you from consulting with a personal injury lawyer.
PermalinkPermalink 09/12/08 @ 12:05
Comment from: Rick [Visitor] Email
Your article read after 6 months you are shit out of luck. Am I understanding this correctly? Last September 30 2007, I crashed on hwy 243 near Idyllwild. The only viable reasoning for this sole vehicle crash was that I ran over some debris and lost control. Slammed into a boulder at about 60 mph. Hospitalized for 3 weeks on life support for 10 days, away from my business for 3 months. I just answered charges for "losing control of a motor vehicle on a mountain road" The Banning judge was a dick head in his responce. he kept saying "did you or did you not lose control?" then he stated that "we all know why sport bikes crash on devils ladder and that is speed." I'm no lawyer, but it felt as though I was being convicted of this BS infraction baed on the judges assumption that I was speeding. Any way I don't want to ramble on and on. The fact is that my 1 year anniversary is coming up Tuesday. I just started thinking instead of beating my head against the wall trying to figure out how to save my business and my home. Maybe there are legal approaches to save my ass. Please let me know asap. I'm calling you Sunday afternoon anyway.

Thanks for reading

Rick
PermalinkPermalink 09/27/08 @ 19:57
Comment from: Norman Gregory Fernandez, Esq. [Member] Email · http://www.motorcycleaccidentlawyer.biz/
Yes, if you want a legal consultation call my office.

I am out riding today, but I will return any messages.

Norm
PermalinkPermalink 09/28/08 @ 10:23

Leave a comment:

Your email address will not be displayed on this site.
Your URL will be displayed.

Allowed XHTML tags: <p, ul, ol, li, dl, dt, dd, address, blockquote, ins, del, span, bdo, br, em, strong, dfn, code, samp, kdb, var, cite, abbr, acronym, q, sub, sup, tt, i, b, big, small>
(Line breaks become <br />)
(Set cookies for name, email and url)
(Allow users to contact you through a message form (your email will NOT be displayed.))
This is a captcha-picture. It is used to prevent mass-access by robots.

Please enter the characters from the image above. (case insensitive)