Fresno Motorcycle Accident Lawyers

Motorcycle Helmet Laws According to Fresno Motorcycle Accident Attorneys

Fresno follows California law, which has some of the strictest motorcycle helmet laws in the United States, with its goal of reducing fatalities and serious injuries in motorcycle accidents.

According to California Vehicle Code Section 27803, all motorcycle riders and passengers must wear a helmet, regardless of their age or riding experience. This law is applicable to all motorcycles, motor-driven cycles, and motorized bicycles operated on public roads.

Helmet Requirements

Under the aforementioned code section, all motorcycle riders and passengers must wear a helmet that meets U.S. Department of Transportation (DOT) standards. DOT-compliant helmets are designed to reduce the risk of serious head injuries and fatalities. To be legally compliant, a helmet must have:

• A thick inner liner with at least one inch of foam padding
• A sturdy chin strap secured with solid rivets
• A DOT certification sticker verifying it meets federal safety standards

Penalties for Non-Compliance

Failing to wear a helmet can result in:

• A traffic citation with fines ranging from $10 to $250, depending on the circumstances
• Points added to your driving record, which may increase your insurance rates
• Reduced compensation in an injury claim, as insurance companies may argue that failing to wear a helmet contributed to the severity of your injuries.

How Helmet Use Affects Accident Claims

Wearing a helmet makes a significant difference in your personal injury claim after a motorcycle accident.

If you were wearing a helmet and still suffered a head injury, it strengthens your case by proving that you took reasonable safety precautions. However, if you were not wearing a helmet, insurance companies may argue that your failure to do so contributed to the severity of your injuries. This could lead to reduced compensation under California’s comparative negligence laws.

That being said, helmet use is only relevant to head and brain injuries. If your injuries include broken bones, spinal cord damage, or internal injuries, not wearing a helmet may have no effect on your ability to recover compensation. An experienced motorcycle accident lawyer in Fresno can help you navigate these legal complexities and fight for fair compensation.

Does Not Wearing a Helmet Impact a Motorcycle Accident Injury Claim?

Statistics show that 53% of riders fatally injured in crashes were not wearing helmets.

Fresno follows California law, which requires all riders to wear helmets, but insurance companies may still try to use helmet non-compliance as a reason to reduce your claim. However, if your injuries are unrelated to the head (such as broken bones or spinal damage), your lack of helmet use should not impact your ability to recover compensation.

Regardless of whether you were wearing a helmet, if another driver caused your accident, you have the right to seek damages for medical expenses, lost wages, and pain and suffering.

Fresno Motorcycle Accident Statistics

Motorcycle accidents in Fresno County are a growing concern. According to the California Office of Traffic Safety:

• Injuries:  In 2020, there were 209 reported injuries involving motorcyclists in Fresno County.
• Fatalities:  In 2023, Fresno County documented 126 lives lost in vehicle accidents, a decrease from 206 fatalities in 2022.
• Causes:  While specific data for Fresno County is limited, statewide data indicates that common causes of fatal motorcycle crashes include unsafe speed (29.1%), improper turning (21.9%), and right-of-way violations (16%).
• Helmet Use:  Approximately 6% of motorcyclists killed in Fresno in 2019 were not wearing helmets.
• Time and Location:  Statewide trends show that 74% of fatal motorcycle crashes occur in urban areas, particularly at busy intersections and high-speed roadways. The highest number of fatal motorcycle crashes typically occur on Saturday afternoons between 12 p.m. and 3 p.m.

Common Causes of Motorcycle Accidents in Fresno

Motorcycle crashes in Fresno happen for a variety of reasons, but some factors are more common than others:

• Speeding:  Speeding is responsible for nearly 30% of fatal motorcycle accidents in Fresno. Riding at high speeds reduces reaction time and increases the force of impact in a crash.
• Improper Turning:  Many motorcycle accidents occur when a car makes a left turn in front of an oncoming motorcyclist, misjudging their speed or failing to see them entirely.
• Unsafe Lane Changes:  Drivers who fail to check their blind spots before changing lanes risk sideswiping motorcyclists, causing them to lose control.
• Driving Under the Influence:  Alcohol and drug use are a major cause of motorcycle crashes, impairing judgment, reflexes, and coordination.
• Distracted Driving:  Texting, talking on the phone, or adjusting in-car controls can easily cause a driver to overlook a nearby motorcycle.

Common Injuries Suffered in Motorcycle Accidents in Fresno

Motorcycle accidents usually result in far more serious injuries than car accidents because of the lack of protective barriers for riders. Compared to cars, motorcycles have little to no protection in collisions with other vehicles or objects.

Some of the common injuries our Fresno motorcycle accident lawyers encounter in motorcycle crash cases include:

• Amputations
• Paralysis
• Spinal cord injury
• Brain injury
• Internal bleeding
• Organ damage
• Fractured bones
• Facial injuries
• Chronic pain
• Road burn
• Back injuries
• Neck injuries
• Severe lacerations
• Scarring
• Joint injuries
• Disfigurement
• Loss of limbs
• Concussions
• Sometimes even death

Severe injuries can leave victims with permanent disabilities, chronic pain, and extensive medical expenses. If you have suffered any of these injuries in a motorcycle crash, you may be entitled to significant financial compensation.

Don’t wait to take action. Contact our Fresno motorcycle accident lawyers today to discuss your FREE CASE REVIEW and begin your journey toward justice and fair compensation.

What Should I Do After a Motorcycle Accident in Fresno?

Motorcycle accidents can be life-changing, often resulting in serious injuries and emotional stress. Knowing what steps to take after a crash is essential to protect your health and strengthen your case for compensation. Here’s what you should do if you’re involved in a motorcycle accident:

• Call 911 right away for emergency medical assistance and law enforcement.
• An ambulance will take you to the nearest hospital if needed. Below are the notable hospitals found in the county:
  • Community Regional Medical Center
  • Saint Agnes Medical Center
  • VA Central California Health Care System
  • Kaiser Permanente Medical
• If you can, take pictures of the crash scene, vehicle damage, injuries, and the surroundings.
• Write down the license plate number of the other vehicle and get their contact details.
• If you’re unable to collect evidence because of your injuries, focus on receiving medical attention, then contact our Fresno motorcycle accident lawyers.
• We will manage the evidence collection, communicate with insurance companies, and fight for fair compensation on your behalf.
• If an insurance adjuster reaches out to you, don’t give a statement. Politely refer them to your attorney.
• Avoid discussing the accident with anyone except your lawyer to prevent your words from being used against you.
• Let an experienced Fresno motorcycle accident attorney fight for your rights and help you recover the compensation you deserve.

Call Our Fresno Motorcycle Accident Lawyers Today!

At Thompson Law, we are dedicated to fighting for motorcycle accident victims in Fresno. Our team of experienced Fresno motorcycle accident lawyers works tirelessly to ensure that you receive the compensation you deserve. We will gather all necessary evidence, build a strong case, and work relentlessly to help you recover the maximum compensation for your injuries and losses. Call us today and get a FREE CASE REVIEW.

FAQs About Motorcycle Accidents in Fresno

What should I do if the insurance company denies my motorcycle accident claim?

If your claim is denied, it’s important not to panic. Insurance companies sometimes use this tactic to avoid paying out. Review the denial letter carefully to understand why the claim was rejected. Gather all relevant evidence such as medical records, police reports, and accident photos to strengthen your case.

Once you have this information, reach out to our experienced Fresno motorcycle accident lawyers. We will help you appeal the denial, negotiate with the insurance company, and, if needed, file a lawsuit to fight for the compensation you deserve.

How can I prove liability in a motorcycle accident case?

Proving liability means showing that another party’s negligence caused the accident. Here’s how we do it:

• Police reports:  These provide an official account of the crash.
• Eyewitness statements:  Testimony from people who saw the accident can be crucial.
• Photos or videos:  Pictures of the scene, vehicle damage, and injuries all play a key role.
• Traffic camera or dashcam footage:  If available, this footage can provide clear evidence of the events.

We may also work with accident reconstruction experts to analyze the scene and establish fault. Proving liability requires showing that the other party broke traffic laws, drove recklessly, or otherwise acted negligently, leading to the crash.

Can motorcycle modifications affect my accident claim?

Yes, motorcycle modifications can impact your claim, especially if they alter the motorcycle’s safety or performance. For instance, modifications that tamper with the brakes or remove safety features like mirrors could lead to arguments that the changes contributed to the accident or worsened your injuries.

If you’ve made any modifications to your motorcycle, it’s important to ensure they comply with state laws and document them properly. Our attorneys will review these details to protect your rights and ensure your case is as strong as possible.

Why are expert witnesses important in motorcycle accident cases?

Expert witnesses are valuable because they provide specialized knowledge that can make a difference in your case. They help strengthen your case and build a more compelling argument for the compensation you deserve. For example:

• Accident reconstruction experts can recreate the accident and explain how it happened, helping to determine fault.
• Medical experts can explain the extent of your injuries, their long-term impact, and what treatment is necessary.
• Engineers or mechanics can investigate whether defects in the motorcycle contributed to the crash.

What are the legal rights of passengers injured in motorcycle accidents?

If you’re a passenger who’s been injured in a motorcycle accident, you have the same legal rights as the rider. You can file a claim against the at-fault driver, whether it’s the motorcycle operator or another motorist. This compensation can cover medical bills, lost wages, pain and suffering, and other damages.

Even if the motorcycle rider shares fault in the accident, you can still recover damages through Fresno’s comparative negligence laws. Our team will help ensure your rights are protected, and we’ll fight for the compensation you deserve.