The payouts for motorcycle accidents can be economic and non-economic.
Economic damages relate to the tangible costs that arise as a result of your accident. These involve every monetary consequence directly resulting from your injury. Medical bills associated with injuries from the accident are one of the most obvious economic damages.
There is also the income you may have lost due to inability to work, or future income you may lose due to lasting repercussions from the accident. The costs to repair or replace your damaged motorcycle are also considered as economic damages.
Economic damages may include costs of rehabilitation, physical therapy, and any potential future medical treatments. In certain cases, it could also cover expenses for modifications made to your home to accommodate your physical condition post-accident.
Non-economic damages, on the other hand, represent the intangible implications of your accident. These encompass your pain, emotional suffering, and the overall impact on your lifestyle since your motorcycle incident.
Non-economic damages can include “Loss of Consortium,” which refers to the impact of your accident on your relationship with your spouse. “Loss of enjoyment of life” damages take into account the hindrance in partaking in activities you cherished before the accident. Our job is to ensure you receive compensation for all you’re entitled to, helping you restore a semblance of normality to your life.
If you’ve been in an accident, it’s worth it to reach out to an experienced motorcycle accident lawyer. Belal Hamideh offers free case evaluations so that you can recover the compensation you deserve. Schedule a consultation through our site or by calling.
California Motorcycle Laws
These laws may pertain to your situation. If you have further questions, don’t hesitate to reach out to Belal.
2009 California Vehicle Code – Section 27800-27803 :: Article 7. Motorcycles
VEHICLE CODE
SECTION 27800-27803
- It is unlawful for a driver of a motorcycle or a motorized
bicycle to carry any other person thereon, except on a seat securely
fastened to the machine at the rear of the driver and provided with
footrests, or in a sidecar attached to a motorcycle and designed for
the purpose of carrying a passenger. Every passenger on a motorcycle
or a motorized bicycle shall keep his feet on the footrests while
such vehicle is in motion.
- A person shall not drive a two-wheel motorcycle that is
equipped with either of the following:
(a) A seat so positioned that the driver, when sitting astride the
seat, cannot reach the ground with his or her feet.
(b) Handlebars so positioned that the hands of the driver, when
upon the grips, are more than six inches above his or her shoulder
height when sitting astride the seat.
- (a) The department may adopt reasonable regulations
establishing specifications and standards for safety helmets offered
for sale, or sold, for use by drivers and passengers of motorcycles
and motorized bicycles as it determines are necessary for the safety
of those drivers and passengers. The regulations shall include, but
are not limited to, the requirements imposed by Federal Motor Vehicle
Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include
compliance with that federal standard by incorporation of its
requirements by reference. Each helmet sold or offered for sale for
use by drivers and passengers of motorcycles and motorized bicycles
shall be conspicuously labeled in accordance with the federal
standard which shall constitute the manufacturer’s certification that
the helmet conforms to the applicable federal motor vehicle safety
standards.
(b) No person shall sell, or offer for sale, for use by a driver
or passenger of a motorcycle or motorized bicycle any safety helmet
which is not of a type meeting requirements established by the
department.
- (a) A driver and any passenger shall wear a safety helmet
meeting requirements established pursuant to Section 27802 when
riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or
motorized bicycle if the driver or any passenger is not wearing a
safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle,
motor-driven cycles, or motorized bicycle if the driver or any
passenger is not wearing a safety helmet as required by subdivision
(a).
(d) This section applies to persons who are riding on motorcycles,
motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, “wear a safety helmet” or
“wearing a safety helmet” means having a safety helmet meeting the
requirements of Section 27802 on the person’s head that is fastened
with the helmet straps and that is of a size that fits the wearing
person’s head securely without excessive lateral or vertical
movement.
(f) This section does not apply to a person operating, or riding
as a passenger in, a fully enclosed three-wheeled motor vehicle that
is not less than seven feet in length and not less than four feet in
width, and has an unladen weight of 900 pounds or more, if the
vehicle meets or exceeds all of the requirements of this code, the
Federal Motor Vehicle Safety Standards, and the rules and regulations
adopted by the United States Department of Transportation and the
National Highway Traffic Safety Administration.
(g) In enacting this section, it is the intent of the Legislature
to ensure that all persons are provided with an additional safety
benefit while operating or riding a motorcycle, motor-driven cycle,
or motorized bicycle.
2023 California Code
Vehicle Code – VEH
DIVISION 12 – EQUIPMENT OF VEHICLES
CHAPTER 5 – Other Equipment
ARTICLE 7 – Motorcycles
Section 27803.
- (a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, “wear a safety helmet” or “wearing a safety helmet” means having a safety helmet meeting the requirements of Section 27802 on the person’s head that is fastened with the helmet straps and that is of a size that fits the wearing person’s head securely without excessive lateral or vertical movement.
(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.
(g) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.
(Amended by Stats. 1997, Ch. 710, Sec. 4. Effective January 1, 1998.)
How a Motorcycle Accident Lawyer Can Help With Your Payouts
Have you suffered an injury from a motorcycle accident within or nearby California? Regardless if you were the rider or not, California’s motorcycle accident attorney Belal Hamideh is here to ensure you recover the full compensation you deserve for all you’ve endured.
Motorcycle rides can be thrilling and uniquely exhilarating, but they also come with their risks. Motorcycle accidents can result in severe injuries, or tragically worse, deeply affecting you and your family. Over 15% of all vehicle-accident fatalities in California can be attributed to motorcycle accidents.
The financial burden of a motorcycle accident can be monumental. Expenses may include rehabilitation, long-term care, loss of work capacity, pain and suffering, and much more. These damages combined could potentially cost you millions. But, our team led by Belal Hamideh is here to help. Schedule a free consultation with us to ensure you receive all the rightful compensation you deserve.
Is it worth it to hire a Motorcycle Accident Attorney?
Absolutely. It is unquestionably valuable to retain the services of a California motorcycle accident attorney. A competent attorney can fervently safeguard your interests, defend your legal rights and strive to secure you the maximum compensation possible for your claim.
An attorney experienced in dealing with motorcycle accident cases can optimally evaluate your claim so that you receive the full compensation you’re entitled to. They are well-versed with all important deadlines, including filing lawsuits, presenting evidence, and more, ensuring your priorities are always considered paramount. Moreover, they can negotiate lower medical bill payments, procure police/traffic reports, and handle numerous other tasks so you don’t have to shoulder these concerns.
In addition, a motorcycle accident attorney has the expertise to navigate negotiations with insurance companies. They have a thorough understanding of your policies, how they relate to your claim, the tactics of the insurance company, and how to ensure you receive everything you’re entitled to from the insurance company, whether through settlement or in court. The right attorney can be instrumental in numerous ways.
Who Can You Hold Accountable for Your Motorcycle Accident in California?
In the case of a motorcycle accident, you can initiate legal action against the parties liable for the crash. However, launching a lawsuit is merely the start. It’s also crucial to demonstrate that the other driver was negligent, and their negligence led to your accident and subsequent damage.
To construct a robust case for negligence, your attorney and you must confirm four essential elements. Firstly, you need to establish that the defendant had a “duty of care” towards you and other drivers in maintaining safe, rational driving behavior. Next, proof must be provided that the other driver violated this duty through a lack of action or inappropriate action. Following this, you have to demonstrate that this violation induced your accident. Finally, you are required to show the harm caused to you due to the accident. A proficient lawyer can assist you in establishing these points.
What is the Duration Required to Resolve My Motorcycle Accident Claim in California?
The duration taken for your case will differ from others as every accident is unique. Our team has successfully resolved some cases within weeks, and we hope the same for yours. However, we have also seen cases extend for years and even needed to go to trial. We relentlessly strive for individuals like you who have been victims of accidents. One thing we can assure is that the sooner you get in touch with a lawyer, the earlier we can initiate the process to ensure you receive your due compensation.
Common Scenarios of Motorcycle Accidents
In most scenarios, motorcycle accidents encompass collisions between motorcycles and larger vehicles. This is quite prevalent in California due to the numerous larger vehicles entering and exiting from the Port of California, one of the busiest trade ports worldwide. Additionally, the city houses approximately 900,000 vehicles owned by residents which poses numerous threats to motorcyclists.
Unfortunately, the primary cause of motorcycle accidents remains driving under the influence, accounting for approximately one-fourth of accidents causing fatalities. Other contributory factors include speeding, inexperienced drivers/riders, diverting driving, lane splitting, and others. Nevertheless, certain factors remain beyond a motorcyclist’s control such as defective motorcycles, unsafe road conditions, and visibility issues.
Common injuries sustained in a motorcycle accident include fractures, whiplash, severe burns due to road rash, traumatic brain injuries (TBI), spinal cord damage, and even partial or full paralysis. Regardless of your injuries, our proficient team is here to assist you.
What Steps Should I Take After a Motorcycle Accident in California?
In the aftermath of a motorcycle accident, you might find yourself overwhelmed by a surge of adrenaline or in a state of shock. It is crucial, however, to adhere to the following guidelines:
Ensure your safety. Make sure you’re safe and secure, and seek medical help even if you feel unharmed.
Contact the authorities. A police report is an invaluable asset for your personal injury claim.
Collect contact details. Obtain all necessary information from all other parties involved in the accident, including their name, contact details, license number, resident address, insurance specifics, and a description of their vehicle.
Record the incident. If you can, take pictures of your injuries and the accident scene for evidence.
Don’t accept blame. It’s unnecessary to accept fault immediately following the accident.
Seek legal assistance. An experienced attorney will guide you through each step of the process.
Consequences of Not Wearing a Helmet?
Motorcycle riders and passengers are required by California law to wear a helmet at all times when on a motorcycle. If you are involved in an accident and you were not wearing your helmet, you could be deemed partially accountable for your injuries.
However, since California is a “comparative negligence” state, you are still able to claim and receive compensation for your injuries, pain, and suffering, regardless of whether or not you were wearing a helmet during the accident. We’ve assisted numerous clients facing similar situations in the past.
What If I’m Uninsured?
Even if you’re uninsured, you can still obtain compensation for your injuries if the other party is held responsible for the accident. However, this compensation could be reduced significantly as you won’t have liability insurance.
Particularly, if you don’t hold insurance and are injured in a motorcycle accident but aren’t at fault, you will face penalties for your lack of insurance. California law requires all drivers to have liability insurance.
You will be penalized by being prevented from seeking damages for your pain and suffering. Instead, you are only allowed to seek compensation for your economic damages. Despite this, we can assist you in maximizing your compensation.
Hiring a Trusted Motorcycle Accident Attorney in California
Attorney Belal Hamideh, with a long history in assisting individuals involved in motorcycle accidents, is eager to utilize his expertise to aid you in your case. Our fee isn’t due until we’ve won your case.
While it’s natural to delay contacting a lawyer following an accident, early action leads to a better chance of receiving full compensation. California law allows two years after an accident to file an injury lawsuit. But remember, the earlier you act, the quicker you may receive your due compensation. Don’t wait until it’s too late. We’re ready to assist you.