California Motorcycle Accident Lawyers

Understanding California Motorcycle Helmet Laws

California has some of the strictest motorcycle helmet laws in the United States, aimed at reducing fatalities and serious injuries in motorcycle accidents.

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

Helmet Requirements

The law mandates the use of helmets that meet U.S. Department of Transportation (DOT) standards. DOT-compliant helmets are designed to provide maximum protection in the event of a crash, reducing the likelihood of severe head injuries or fatalities. Features of compliant helmets include:

• A thick inner liner (at least 1 inch of foam padding).
• A sturdy chin strap with solid rivets.
• A DOT sticker certifying compliance with federal safety standards.

Penalties for Non-Compliance

Failure to wear a helmet can result in:

• A traffic citation with fines ranging from $10 to $250 or more, depending on the circumstances.
• Points added to your driving record, which may affect your insurance rates.
• Increased liability in an accident, as not wearing a helmet could impact your ability to recover damages for head injuries.

How Helmet Use Affects Accident Claims

Wearing a helmet can significantly strengthen your injury claim in a motorcycle accident case. However, if you were not wearing a helmet and sustained a head injury, it might affect your compensation. Insurance companies and opposing parties may argue that your failure to wear a helmet contributed to the severity of your injuries.

This could reduce the compensation you are eligible to receive under California’s comparative negligence laws.

It’s important to note that if your injuries are unrelated to the head—such as broken bones or spinal damage—your lack of helmet use may not be relevant to your claim. An experienced motorcycle accident attorney can help go through these complications and advocate for fair compensation.

California Motorcycle Accident Statistics

The California Department of Transportation and law enforcement agencies track motorcycle crashes across the state, providing detailed insights into the trends and causes of these incidents. In 2021, California reported 565 motorcycle fatalities, accounting for 13% of all motor vehicle-related deaths in the state. The breakdown of these crashes includes:

• Fatal Motorcycle Crashes: The most common contributing factors to fatal motorcycle crashes were unsafe speed (29.1%), improper turning (21.9%), and violations of the automobile right-of-way (16%).
• Serious Injury Crashes: Unsafe speed was the leading cause of serious injury crashes (29.1%), followed by improper turning (21.9%) and unsafe lane changes (10.1%).
• Crash Locations: Nearly 74% of fatal crashes occurred in urban areas, with principal arterials being the most common locations for these incidents. Interstates and major collectors were also high-risk areas for motorcyclists.
• Peak Times: Fatal crashes were most frequent on weekends, with Saturday afternoon between 12 p.m. and 3 p.m. being the peak period. Similarly, serious injury crashes peaked on Sunday afternoons between 3 p.m. and 6 p.m.

Common Causes of Motorcycle Accidents in California

The primary causes of motorcycle accidents in California include unsafe speed, improper turning, and alcohol or drug impairment. Overturned motorcycles and collisions with fixed objects also account for a significant number of crashes. Mechanical failures, distracted driving, and unsafe lane changes contribute to non-fatal incidents.

Motorcyclists in California face unique challenges, including being significantly more vulnerable than other road users. Statistics show motorcyclists are 37 times more likely to die in a crash than car occupants. Despite helmet laws improving safety, DOT-compliant helmet use nationwide dropped from 69% in 2020 to 64.9% in 2021, highlighting the need for continued rider education and stricter safety regulations.

If you or a loved one has been involved in a motorcycle accident in California, you may be entitled to compensation. Call our California motorcycle accident lawyers for a FREE CONSULTATION to protect your rights.

Common Motorcycle Accident Injuries in California

Motorcycle accidents frequently result in far more serious injuries than car accidents due to the lack of protective barriers for riders. Unlike cars, motorcycles provide little to no protection in collisions with other vehicles or objects. Common injuries our California 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
• Wrongful death

If you or a loved one has been seriously injured in a motorcycle accident caused by someone else’s negligence, California law entitles you to seek compensation for your losses. Our skilled and dedicated California motorcycle accident lawyers are here to fight for your rights and pursue the maximum compensation you deserve.

We will work tirelessly to recover damages for your pain, injuries, and financial setbacks, including medical bills, hospital stays, lost income, long-term recovery costs, and vehicle repairs. With extensive experience and deep knowledge of California’s motorcycle laws (covering helmet regulations, traffic laws, manufacturer recalls, and crash-related statutes), we are equipped to protect your rights and secure the best possible outcome for your case.

Don’t wait to take action. Contact our California motorcycle accident lawyers today for a FREE consultation to discuss your case and begin your journey toward justice and 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. Under California law, riders aged 21 and older are exempt from wearing a helmet if they have completed an approved motorcycle safety training course and carry medical insurance.

However, if you sustain a head injury in a motorcycle crash, not wearing a helmet could impact the amount of compensation you receive for your claim. For injuries unrelated to the head, helmet usage typically does not affect the outcome of your case.

If you were injured in a motorcycle accident caused by someone else’s negligence, whether or not you were wearing a helmet, contact our California motorcycle accident attorneys today for a FREE CONSULTATION.

What to Do After a Motorcycle Accident in California

Motorcycle accidents can be devastating, leaving victims with severe injuries and significant financial and emotional burdens. Knowing the right steps to take after a crash can protect your health, preserve crucial evidence, and strengthen your claim for compensation. Here’s what to do following a motorcycle accident:

• Dial 911 immediately to request emergency medical assistance and police at the scene.
• An ambulance will transport you to the nearest hospital for treatment.
• If possible, take photos of the accident scene, including vehicle damage, injuries, and surroundings.
• Record the license plate of the vehicle involved and collect the driver’s contact information.
• If your injuries prevent you from gathering evidence, focus on getting medical help and contact our California motorcycle accident lawyers.
• We will handle evidence collection, communicate with insurers, and seek fair compensation for your losses.
• Should an insurance adjuster contact you, politely decline to provide a statement and refer them to your lawyer.
• Avoid discussing the crash with anyone to prevent insurers from using your words against you.
• Trust a skilled motorcycle accident attorney to advocate for your rights and pursue the compensation you deserve.

If you’ve been injured in a motorcycle crash due to someone else’s negligence, call our California motorcycle accident lawyers today for a FREE CONSULTATION.

Call Our California Motorcycle Accident Lawyers Today!

At Thompson Law, we are dedicated to aggressively and efficiently securing a monetary settlement that ensures you receive the medical treatment and rehabilitation services you need while compensating for the financial and personal impact on your life. Our California personal injury lawyers are here to help you recover compensation for medical expenses, lost wages, and other related costs.

Remember, there’s the statute of limitations constricting the time you have to file a personal injury claim. Call our motorcycle accident lawyers in California today for a FREE CASE REVIEW.

Frequently Asked Questions

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

If your claim is denied, don’t panic. This is a common tactic by insurance companies to avoid payouts. Start by carefully reviewing the denial letter to understand the reasons behind their decision. Next, gather any supporting documentation, such as medical records, police reports, and photos of the accident scene, to strengthen your case.

Then, contact our skilled motorcycle accident attorneys. We can appeal the denial, negotiate with the insurance company, and, if necessary, file a lawsuit on your behalf. We’ll help ensure your rights are protected and work toward securing the compensation you deserve.

How can I prove liability in a motorcycle accident case?

Proving liability requires demonstrating that another party’s negligence caused the accident. This involves collecting key evidence such as:

• Police reports detailing the accident.
• Eyewitness statements.
• Photos or videos of the accident scene, vehicle damage, and injuries.
• Traffic camera or dashcam footage (if available).

Your lawyer may also enlist accident reconstruction experts to analyze the scene and determine fault. Proving liability often hinges on showing that the at-fault party violated traffic laws, drove recklessly, or otherwise acted negligently, resulting in the crash.

Can motorcycle modifications affect my accident claim?

Yes, motorcycle modifications can impact your claim. While some modifications, such as safety upgrades, are unlikely to cause issues, others that alter performance (e.g., removing mirrors, tampering with exhaust systems, or modifying brakes) could be scrutinized. Insurance companies may argue that certain modifications contributed to the crash or worsened your injuries. It’s essential to document all modifications made to your motorcycle and ensure they comply with state laws.

Why are expert witnesses important in motorcycle accident cases?

Expert witnesses provide specialized knowledge and analysis that can strengthen your case. For example:

• Accident reconstruction experts can recreate the crash to show how it occurred and who was at fault.
• Medical experts can testify about the extent of your injuries, their impact on your life, and the required treatment.
• Engineers or mechanics can analyze motorcycle defects or malfunctions that may have contributed to the accident.

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

Passengers injured in motorcycle accidents have the same legal rights as riders to seek compensation for their injuries. You may file a claim against the at-fault driver, whether it’s the motorcycle operator or another motorist. Compensation can include medical expenses, lost wages, pain and suffering, and more.

In cases where the motorcycle operator shares fault, you may still recover damages through California’s comparative negligence laws. Our attorney can guide you through the process, ensuring your rights are protected and helping you pursue the compensation you deserve.