Recent research by the NTSA (National Traffic Safety Administration) reveals that between six and seven percent of motorcyclists are likely to encounter an accident. Although this percentage may not seem large, it is indeed significantly higher than that for other vehicles. Imagine, for instance, walking out the door each day faced with a 7% chance of having an accident. It’s safe to say, you would do everything in your power to navigate your vehicle with extreme caution.
More importantly, if you ever find yourself in a motorcycle accident, particularly one where another party might be at fault, it might be worthwhile to consult with Belal Hamideh. As an experienced motorcycle accident lawyer, he can conclusively ascertain whether or not you have a viable case and can guide you towards obtaining maximum compensation for all that you’re entitled to.
Feel free to arrange a no-cost case assessment with him via this website or by making a phone 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.)
The Difference a Motorcycle Accident Lawyer in Your Case
Whether you were driving or merely a passenger, accomplished motorcycle accident attorney Belal Hamideh is equipped with the skills and knowledge necessary to advocate for your right to secure all the compensation you’re due, based on the hardships you’ve suffered.
Motorcycling, while exhilarating, is not without its risks. The severity of injuries from motorcycle accidents often outstrip those from other vehicular incidences which can lead to extreme trauma or even the unfortunate loss of your or a loved one’s life. Notably, motorcycle accidents are responsible for over 15% of all vehicular fatalities in California.
The financial repercussions of a motorcycle accident can be staggering, often exceeding millions. Your medical expenses could encompass rehabilitation, long-term care, and income loss, among other costs such as pain, distress, and more. Belal Hamideh is here to support you. Don’t hesitate to schedule a free consultation with our team to explore possible paths towards acquiring rightful compensation.
Why is Hiring a Motorcycle Accident Lawyer Beneficial?
Definitely. Employing an experienced California motorcycle accident attorney is crucial. A capable lawyer will fervently protect your interests and rights, striving to secure maximum compensation for your claim.
An attorney laden with ample experience in handling motorcycle accident cases understands the nuances of evaluating your case to ensure you receive all due compensation. They are well-versed in all procedural deadlines involved from filing the lawsuit to submitting evidence and will always prioritize your best interests. They can negotiate your medical bills to the lowest possible amount, compile police/traffic reports, and handle numerous other responsibilities, thus allowing you to concentrate on recovery.
Additionally, a seasoned motorcycle accident lawyer is skilled at navigating insurance claims. They understand the intricacies of your policies, how they apply to your claim, strategies employed by insurance companies, and how to guarantee you obtain every dollar you’re entitled to from the insurance company, either through settlement or court. The right attorney can offer significant advantages.
Comprehending Your Entitlements: Motorcycle Accident Compensation in California
In the aftermath of a motorcycle accident, one of the pressing questions for many victims in California is likely about the nature and amount of compensation they can expect. To fully understand your compensation rights under Californian law, it’s crucial to realize that you’re entitled to both economic and non-economic damages as part of your accident claim.
Economic damages compensate for direct financial loss, such as medical expenses, income lost during recovery time, and the costs of repairing or replacing your motorcycle. These damages may extend beyond immediate costs and encompass long-term financial burdens such as rehabilitation services, future medical expenses and, if your home needs modifications due to your injury, the cost of those alterations.
On the other hand, non-economic damages cater to the psychological and emotional impact of your accident. Examples of these can be persistent physical pain, emotional distress, or the profound changes in your life due to the accident, such as the loss of a spouse termed as “Loss of Consortium”, or “Loss of enjoyment of life”. This encapsulates the decrease in your quality of life due to the inability to participate in activities you enjoyed before the accident. Our law firm’s mission is not just to see you served with justice but also to see you fully compensated for the nuanced hardships you’ve had to bear due to the accident.
Identifying The Responsible Party in Motorcycle Accidents
Once you decide to sue for your motorcycle accident, the first step is to legally pursue the party responsible for your accident. However, it’s not as simple as blaming the other driver; you will need to demonstrate that their negligence led to the accident, causing you harm.
A proficient attorney will guide you in gathering evidence to support the four cornerstones of a negligence lawsuit. The first element necessitates showing that the defendant owed you a “duty of care” to drive safely. Following that, you need to provide evidence that this duty was breached. The third component is to demonstrate a direct connection between the breach of duty and the accident. Lastly, you need confirmations that your injuries are a direct outcome of the accident. With an experienced lawyer by your side, achieving these four steps will be highly achievable.
The Timeline of a Motorcycle Accident Lawsuit
The timeline for motorcycle accident claims is not uniform – each case is unique, as are the circumstances surrounding it. The settlement period varies; while some claims are settled within weeks, others take longer and may even proceed to trial. One thing is definite: Our dedicated team will not rest until we secure justice and the compensation you deserve. The sooner you hire an attorney, the quicker we can start building your case.
A Glimpse into Common Motorcycle Accident Scenarios in California
California sees a myriad of motorcycle accidents due to heavy traffic, often involving larger vehicles on its roads. This is especially prevalent near the Port of California, one of the busiest cargo ports in the world, and the home to approximately 900,000 vehicles, thereby significantly elevating the risks for motorcyclists.
From a statistical perspective, around a quarter of fatal motorcycle accidents involve a driver under the influence of alcohol. Other frequent causes include speeding, driver/biker inexperience, reckless driving, and illegal maneuvers like lane splitting. However, various other factors such as mechanical defects, unsafe road conditions, and decreased visibility can also lead to accidents.
Injuries from motorcycle accidents can range from minor issues like fractures and whiplash to severe problems like traumatic brain injuries, spinal cord injuries, or different degrees of paralysis. Regardless of the severity of your injury, our team is prepared and committed to supporting you through your trying times.
The Steps to Take After a Motorcycle Accident
Following a motorcycle accident, you might find yourself overwhelmed with adrenaline, shock, and disorientation. Nevertheless, it’s crucial to follow a set of procedures to ensure your safety and protect your rights. This article provides a comprehensive guide on what to do after a motorcycle accident:
Securing your safety. In the event of a collision, your wellbeing comes first. Make sure to remove yourself from any immediate danger and immediately seek medical attention, regardless of whether you believe you’ve been seriously injured.
Informing the authorities. It’s critical to file a police report, as this is fundamental to your personal injury claim.
Collecting contact particulars. Gather all necessary information, such as names, contact numbers, license numbers, addresses, insurance details, and vehicle descriptions from all parties involved in the accident.
Documenting the incident. If circumstances permit, capture photographs of any injuries you have sustained and the scene of the accident.
Resisting any urge to acknowledge fault. Understand that at the scene of the crash, you are not required to take responsibility or admit fault.
Seeking legal counsel. Our team of seasoned attorneys is ready and equipped to guide you through the intricate steps of the legal process.
What If I Wasn’t Wearing a Helmet During the Accident?
Wearing a helmet while riding a motorcycle is not only a safety measure but is also enforced by law in California. As such, if you happen to be in an accident without a helmet, you might be held partly accountable for your injuries.
However, California is a “comparative negligence state”. This means that despite not wearing a helmet at the time of the accident, you still have the right to pursue and receive financial compensation for your distress, anguish, and injuries. We assure you we have a track record of helping clients in exactly such circumstances.
What If I Don’t Have Insurance?
Lack of insurance doesn’t inevitably rule out your ability to claim compensation for injuries sustained in an accident, as long as you weren’t at fault. However, absence of liability coverage might substantially lessen your compensation. In California, the law mandates all drivers to have liability insurance, and penalties apply for non-compliance.
The main penalty is a restriction on claiming compensation for non-monetary damages, such as pain and suffering. Instead, your claim would primarily revolve around economic damages. Rest assured that our team is equipped to help you maximize your compensation claim.
Why Engage a Reputable California Motorcycle Accident Lawyer?
Accident attorney Belal Hamideh has an unmatched reputation for helping victims of motorcycle accidents. Leveraging his extensive knowledge and expertise, he is poised to ensure your case is triumphant. Our payment model guarantees you pay only after we secure a win for your case.
After an accident, you might be hesitant to engage an attorney. However, the sooner you do so, the better your chances are of securing the highest possible compensation. You have a two-year window from the date of the accident to file an injury lawsuit. The earlier you start, the sooner you can receive compensation. We’re always here, ready and willing to help. Don’t hesitate; reach out to us today.