Picture this: You’re involved in a motorcycle crash, and the other driver is clearly at fault—but the insurance company tries to reduce your payout because you weren’t following the law. Whether it’s not having the proper license or failing to wear a helmet, California’s motorcycle legislation can significantly affect your claim. In this blog, we will explore the California’s motorcycle laws that could impact your personal injury claim after an accident.
California Motorcycle Laws Overview
California has some of the strictest motorcycle laws in the nation. These laws are in place to protect riders and ensure safety on the roads. However, breaking these laws can affect your ability to claim full compensation for your injuries.
In motorcycle accident claims, proving fault is key. If you didn’t follow the law, it could be harder to show that the other driver caused the accident. Under California’s comparative negligence system, the court may lower your compensation depending on your responsibility in the accident. A skilled motorcycle accident lawyer can help navigate these legal complexities.
Recommended Reading: Do I need a Lawyer for My Motorcycle Accident Claim?
Are Motorcycle Licenses Mandatory in California?
To legally operate a motorcycle in California, you must have a motorcycle license. There are two types of motorcycle licenses: M1 (for any motorcycle) and M2 (for mopeds and scooters).
To obtain your motorcycle license, you must meet specific requirements, including passing a written test and a motorcycle skills test. Riders under the age of 21 are also required to take a motorcycle safety course approved by the California Highway Patrol. This course not only fulfills a licensing requirement but also helps new riders build safe riding skills.
Riding a motorcycle without having a motorcycle license can complicate your accident claim. Insurance companies may argue that riding without proper licensing shows negligence, potentially reducing the compensation you could receive.
Is Motorcycle Insurance Required in California?
In addition to having a valid license, California motorcycle legislation also requires motorcyclists to carry insurance. Motorcycle insurance helps protect you in case of an accident, covering property damages to your bike, medical expenses, and liability.
If you own both a car and a motorcycle, you need separate insurance policies for each vehicle. Car insurance covers your car in case of accidents, theft, or damage, while motorcycle insurance specifically covers your motorcycle.
Helmet Use and How It Affects Your Claim
California motorcycle laws require all motorcycle riders and passengers to wear helmets that meet specific safety standards. These helmets must meet Department of Transportation (DOT) regulations to ensure they offer proper protection in the event of an accident.
What Happens If You Don’t Wear a Helmet?
If you’re in an accident and not wearing a helmet, you can still file a claim, but it may reduce your compensation. California courts use comparative negligence to decide who is at fault in an accident. The insurance company or court may argue that you contributed to your injuries by not following the law.
It’s not only about following the motorcycle helmet law—it’s about protecting your safety. The California helmet law can protect you from severe head injuries. And if you’re ever in an accident, wearing a helmet helps show that you took reasonable steps to protect yourself. This could make a positive difference in your motorcycle accident case.
If you were injured in a motorcycle accident and need help filing a claim, contact our experienced motorcycle accident attorney. We can help get you the compensation you deserve. Call El Dabe Ritter Trial Lawyers today!
Safety for Motorcycle Passengers
Motorcycle passengers are protected under California law, just like riders. However, there are specific rules about who can ride as a passenger and what safety measures must be in place:
- Passengers must be at least 5 years old.
- Passengers must wear a helmet, just like the rider.
- The motorcycle must be designed to carry a passenger (i.e., it should have a passenger seat and footrests).
If you’re a passenger on a motorcycle and are injured in an accident, you may be entitled to compensation. The motorcycle driver can be partly responsible for the accident if they were riding recklessly or ignoring traffic laws.
Is Lane Splitting Legal in California?
Lane splitting, or riding between lanes of traffic, is legal in California but comes with specific guidelines for safety:
- Speed Limits: Riders must not exceed the speed of traffic by more than 10 mph.
- Safe Conditions: Lane splitting should only occur in safe, less congested traffic conditions. Avoid lane splitting in congested traffic or adverse weather conditions.
- Caution is Key: Riders should avoid aggressive lane splitting or weaving between motor vehicles.
The California Highway Patrol (CHP) is responsible for enforcing lane splitting rules and other traffic laws for motorcyclists. If you are caught lane splitting under unsafe conditions or exceeding the speed limit, you may face a citation.
Unsafe lane splitting can significantly impact your accident claim. If you’re involved in a crash while lane splitting under unsafe conditions, such as excessive speed in heavy traffic, it could be seen as a contributing factor to the accident. Always ensure you’re following the guidelines for safe lane splitting to protect both your safety and your claim.
Tips for Safe Lane Splitting:
1. Be Aware of Surrounding Traffic
Always stay alert and watch for drivers who may not see you or expect you to split lanes. Look out for sudden lane changes or drivers who might move into your path without signaling.
2. Maintain a Safe Distance
Keep a safe distance from other vehicles when lane splitting. This gives you more time to react to unexpected moves and helps prevent accidents if a car suddenly changes lanes.
3. Split Lanes Cautiously and Within the Speed Limit
Never exceed the speed of traffic by more than 10 mph. Avoid aggressive lane splitting, and only do so when traffic is moving slowly and conditions are safe.
Injured while lane splitting? Let our experienced personal injury attorneys fight for the compensation you deserve. Call El Dabe Ritter Trial Lawyers today for a free consultation!
Common Causes of Motorcycle Accidents
After a motorcycle accident, determining the cause of the crash is a key factor in your case. In California, the fault may be shared, which can influence the compensation you’re entitled to. Some common causes of motorcycle accidents include:
- Failure to Yield or Check Blind Spots: Drivers may not see motorcyclists when changing lanes or turning, causing collisions.
- Distracted or Impaired Driving: Texting, phone use, or driving under the influence can prevent drivers from noticing motorcyclists.
- Tailgating or Following Too Closely: Drivers who follow motorcycles too closely risk causing accidents, especially in sudden slowdowns.
- Running Red Lights or Stop Signs: Drivers who ignore traffic signals may collide with motorcyclists who have the right of way.
How a California Motorcycle Accident Lawyer Can Help You
Navigating the aftermath of a motorcycle crash can be overwhelming, especially with California’s specific motorcycle laws. An experienced attorney uses California’s motorcycle laws to protect your rights and to strengthen your personal injury case.
Key Ways a Lawyer Can Help:
- Knowledge of California Traffic Laws: From helmet requirements to lane-splitting rules, an experienced attorney uses California’s motorcycle laws to protect your rights.
- Gathering Evidence: A lawyer will gather and preserve evidence, such as police reports, witness statements, and medical records to build a strong case.
- Deal with Insurance Companies: They handle negotiations to prevent insurers from offering less than you deserve.
- Maximize Your Compensation: A lawyer will calculate the full value of your claim with both non-economic and economic damages, including medical bills, lost wages, and pain and suffering.
Let Our Skilled Motorcycle Accident Attorneys Help You
If you’ve been injured in a motorcycle accident, take the first step toward justice today. Our motorcycle accident attorneys can help you understand your rights and options so that you can receive the compensation you deserve.
Let us handle the legal details, so you can focus on your recovery. Call El Dabe Ritter Trial Lawyers today for a free consultation!
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