Undeniably, unfortunately. Seeing or being part of a motorcycle accident can certainly trigger PTSD (Post-Traumatic Stress Disorder). The extent of the impact may vary, as one person’s reaction to such an event can be strikingly different from another. The manifestations of PTSD also fluctuate – sleeplessness, anxiety, disturbing dreams, heightened tension, and more could all be reactions to the incident.
Should the motorcycle accident have resulted from another’s negligence, we can assist in claiming compensation for PTSD and any resultant issues. To learn how we can support, please schedule a costless case analysis with Belal Hamideh, our seasoned motorcycle accident lawyer, either on our site or over a call.
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 Belal Hamideh, an Expert Motorcycle Accident Lawyer, can Aid You
Whether being the driver or passenger on the motorcycle, our practiced motorcycle accident lawyer Belal Hamideh is equipped to ably guide you in receiving all entitled compensation.
While motorcycling may bring unparalleled thrill, the risks it accompanies cannot be ignored. The injuries from such accidents are often far graver than those from other vehicle incidents, potentially leading to profound trauma or even death. In California, motorcycle accidents account for over 15% of all vehicular accident deaths.
The financial burden from a motorcycle accident can be staggering, leading to millions in expenses. These may include rehabilitation costs, long term care costs, wage losses. In addition, you could be dealing with physical pain, emotional distress, and more. Belal Hamideh is here to assist. Set up a free-case assessment with our team to discuss your compensation claim options.
Why Should You Hire a Motorcycle Accident Lawyer?
Indeed. Appointing a seasoned California motorcycle accident lawyer is highly valuable. A competent attorney will fiercely protect your legal rights and interests, while fighting to get you the highest possible compensation for your claim.
A lawyer with a wealth of experience in managing motorcycle accident cases is adept at assessing your case to ensure you receive all rightful compensation. They can skillfully navigate procedural timelines, from initiating a lawsuit to submitting proof, with your interests always at the forefront. They can bargain your medical bills to the minimum possible, gather law enforcement/traffic reports, and manage a host of other tasks, allowing you to concentrate on recuperation.
Moreover, an expert motorcycle accident lawyer understands how to maneuver insurance claims. They are proficient in interpreting your insurance policies, how they relate to your claim, the tactics insurance companies resort to, and how to secure all the compensation you’re due from the insurer, be it through settlement or litigation. Selecting the right lawyer can bring significant advantages.
What Compensation Am I Entitled to Following My Motorcycle Accident?
In the state of California, accident claim compensation covers economic and non-economic damages. Economic damages include expenses such as medical costs due to an injury, lost earnings, and costs incurred in repairing or replacing your motorcycle. In severe instances, this might also extend to future medical treatments, rehabilitation services, adjustments to your living conditions, and more.
In contrast, non-economic damages address the emotional and psychological toll of your accident, including enduring pain, emotional trauma and significant alterations to your lifestyle. This might incorporate “Loss of Consortium” (the loss of a spouse) or “Loss of enjoyment of life”, i.e. the inability to engage in activities enjoyed before the accident. Rest assured, our firm is committed to ensuring you receive the compensation you rightly deserve.
Who Can Be Held Accountable for My Motorcycle Accident?
The party at fault for your accident can be sued. However, initiating a lawsuit is just the beginning. It is crucial to prove the other driver’s negligent actions caused the accident and resultant damages.
Putting together a compelling negligence case requires four key elements. Firstly, you must establish that the defendant had a duty to operate their vehicle safely. Second, demonstrate that this duty was breached. Third, link this breach to the accident. Finally, confirm your damages are a direct result of the accident. An experienced attorney can effectively demonstrate these points.
How Long Will It Take to Settle My Motorcycle Accident Claim?
Each accident is distinct, therefore, claim settlement times differ. Some clients have received settlements within weeks, but others have embarked on more extended processes that included trials. Our legal team vigorously advocates for those wronged in accidents like yours. The sooner you engage an attorney, the quicker we can assist in ensuring your rights are upheld.
Common Motorcycle Accident Scenarios
The most frequent motorcycle accidents involve collisions with larger vehicles, a common occurrence in California due to its heavy traffic congestion. The Port of California, one of the world’s busiest cargo ports, and the presence of around 900,000 vehicles, significantly increase the risk for motorcyclists.
Regrettably, driving under the influence is the primary contributor to motorcycle accidents, causing roughly ¼ of fatal incidents. Additional common causes include high speed, inexperienced motorists/bikers, reckless or distracted driving, and lane splitting among others. Furthermore, factors out of the motorcyclist’s control such as defective motorcycles, unsafe roads, poor visibility, and more also contribute.
In the unfortunate event of a motorcycle accident, injuries may range from fractures, whiplash, sever road rash burns to traumatic brain injuries, spinal cord damage, and various forms of paralysis. Whatever the nature of the injury, our committed team is ready to help.
Post-Motorcycle Accident Procedures
Experiencing a motorcycle accident can trigger confusion, shock, and a rush of adrenaline. Here’s a roadmap for your next steps:
Focus on safety first. Do your best to remove yourself from harm’s way and promptly seek medical aid even if there appears to be no injuries.
Notify law enforcement. A police report is fundamental for your personal injury claim.
Gather Contact Details. Secure names, phone numbers, addresses, driver’s licenses, insurance data, and vehicle information from all parties involved.
Record the scene. Photograph the accident site and your injuries, if feasible.
Refrain from confessing fault. Admitting culpability at the accident location is unnecessary.
Employ an experienced attorney. We’re here to guide you through the legal administrative work at every turn.
What Happens If I was Helmetless?
California law stresses the importance of always wearing a helmet while on a motorcycle. It mandates all motorcyclists and passengers to don helmets. Should you get into an accident without a helmet, you could be deemed partly accountable for your injuries.
However, California is a “comparative negligence state”. This means that even if you weren’t donning a helmet during the accident, you can still pursue and receive compensation for your pain, suffering, and injuries. We have a proven history of helping clients in these situations.
What If I Lack Insurance?
Even if you’re uninsured and the accident wasn’t your fault, you’re still eligible to receive compensation for your injuries. However, the lack of liability coverage could significantly reduce your compensation.
If you’re part of a motorcycle accident while uninsured, even if you’re not to blame, you’ll face repercussions for not having insurance, as liability coverage is mandatory for all California drivers.
In particular, your penalty would involve a limit on your capability to seek compensation for your pain and suffering, which are non-economic damages. Your pursuit of compensation would restrict to your economic damages. Regardless, we can help you secure the maximum possible amount.
Choose a Trusted California Motorcycle Accident Attorney
Motorcycle accident lawyer Belal Hamideh has a long-standing history of helping victims of motorcycle accidents. He’s prepared to use his knowledge and proficiency to ensure your case is a success. Our fee structure is designed such that no payment is due until your case has been victorious.
After an accident, it’s natural to hesitate before reaching out to a lawyer. However, the earlier you act, the higher your chances of securing the maximum compensation. There is a two-year limit from the accident date to initiate a lawsuit for your injuries. Acting sooner equates to earlier compensation. We’re always here to help, so don’t let too much time pass.