If you’ve been in a motorcycle accident, you may be eligible to receive significant compensation.
The unpredictable nature of life is such that accidents can and do happen, each as unique as the individuals involved. One such heartrending accident is a motorcycle collision which leaves far-reaching effects on its victims. Notably, motorcycle accidents contribute significantly to road accident fatalities in California, making up more than 15% of all auto accident deaths. The repercussions of such incidents reverberate in families, leaving a painful void that interrupts the cycle of life.
Experiencing a motorcycle accident brings with it a myriad of consequences, both economically and non-economically. The economic outcomes are tangible and directly traceable to the accident and often show up in the form of medical costs. For example, the bills for any injuries sustained during the accident or the related financial losses stemming from inability to work post-accident are all considered economic consequences.
An unfortunate fallout from such accidents is often the loss of future earnings due to the lingering effects of the accident on the victim’s ability to work. Additionally, part of the economic fallout focuses on the costs of repairing or replacing the damaged motorcycle.
Furthermore, economic damages also account for the expenses associated with your rehabilitation, physical therapy sessions, and potential future medical treatments. In special circumstances, it may extend to cover any costs incurred in modifying your home to accommodate your physical needs post-accident.
Conversely, the accident also triggers non-economic damages – the intangible aftermath of the accident. This category encapsulates the emotional pain and distress, modifications in your lifestyle, and difficulties with activities that were once a source of pleasure before the accident.
Included in these non-economic damages is the “Loss of Consortium”. This loss means the negative effects of the accident on your relationship with your spouse. As your advocates, we aim to ensure you gain compensation that considers all the aspects of the damages incurred, both economic and non-economic, to help restore a semblance of normalcy post-accident.
Therefore, it becomes vital to consult a trusted motorcycle accident attorney like Belal Hamideh if you or a loved one has been involved in an accident. We are committed to helping you recover fair monetary compensation through our free case evaluations.
Our team, led by motorcycle accident lawyer Belal Hamideh, undertakes to help both motorcycle riders and non-riders recover the full compensation relevant to their case. The financial burden following such an accident is often significant. Expenses including rehabilitation, long-term care, loss of work capacity, pain, and suffering can accumulate rapidly, with potential costs running into millions. Our job is to assist in lightening that load.
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.)
So, is it worth hiring a Motorcycle Accident Attorney?
Quite unequivocally, yes! Engaging a competent motorcycle accident attorney in California can be invaluable. They have the expertise to safeguard your interests vigorously, defend your legal rights, and will go above and beyond to secure the maximum possible compensation for your case.
These attorneys are equipped with the necessary knowledge to evaluate your case, ensuring that you are fairly compensated. They are also familiar with crucial timelines for filing lawsuits, presenting evidence, and more, putting your interests at the forefront.
Moreover, they can negotiate lower medical bills, obtain necessary police/traffic reports, and manage various other tasks to provide you with some relief. On top of that, a motorcycle accident attorney has the proficiency in adeptly negotiating with insurance companies. Having an in-depth understanding of your policies, the tactics employed by insurance companies, they can guarantee you receive everything you are entitled to, either through a settlement or in court. Consequently, the right lawyer can be instrumental in myriad ways.
Unlocking the Accountability Mechanism in Motorcycle Accidents in California
Highway mishaps involving motorcycles can result in heart-wrenching outcomes. For victims stricken by such horrific ordeals, the law affords the opportunity to pursue justice against those liable. The initiation of a lawsuit marks the onset of this complex journey. It requires the establishment of the other driver’s culpability, proving their negligence was the primary factor leading to the accident and the ensuing damages.
To construct a solid case of negligence, you, alongside your legal counsel, are tasked with validating four key elements. The first step involves illustrating that the offending party had a “duty of care” towards you. This is a commitment to uphold a reasonable level of safety while driving. The next phase is to present evidence that proves the defendant violated this duty, through either their inaction or wrongful actions. The third stage entails linking this violation directly to the motorcycle accident. The final step is to prove that the harm you incurred was a direct result of the accident. A proficient lawyer can skillfully navigate you through this complex procedure of establishing these vital elements, thereby aiding in your pursuit of justice.
What is the Duration Involved in Settling a Motorcycle Accident Claim in California?
While swift justice is desirable for all, the reality is that the time required to settle motorcycle accident claims can fluctuate significantly, as every case presents unique circumstances. Our team has efficiently resolved some cases within weeks, while others have extended over several years, even requiring trials. We remain steadfastly committed to advocating for accident victims, fiercely battling for their deserved compensation. One promise we can confidently make is that contacting a lawyer at the earliest will accelerate the commencement of the process, thereby catalyzing your rightful due.
Typical Scenarios in Motorcycle Accidents
Motorcycle collisions often involve larger vehicles, a frequent occurrence in California due to the copious amount of traffic navigating through the Port of California, one of the world’s busiest commercial harbors. Further escalating the risks for motorcyclists is the fact that the state is host to nearly 900,000 vehicles.
It’s unfortunate that driving under influence remains the principal cause of motorcycle accidents, causing approximately one-fourth of fatal crashes. Additional contributing factors encompass speeding, novice drivers or riders, distracted driving, lane splitting, among others. Extrinsic factors that are outside a motorcyclist’s control such as faulty motorcycles, unsafe road conditions, and visibility issues also play a significant role.
Injuries resulting from a motorcycle accident typically tend to be severe, varying from fractures and whiplash to intense road rash burns, traumatic brain injuries (TBI), spinal cord damage, and even partial or full paralysis. Irrespective of the severity or type of your injury, our seasoned team is equipped and ready to provide comprehensive support during this challenging time.
Unraveling the Path to Justice: Navigating through California’s Motorcycle Accident Claims
Suffering from a motorcycle accident can result in immense damages and life-altering consequences. For the victims embroiled in these unfortunate incidents, pursuing justice can deliver a comforting sense of closure and reparation. The journey to bringing the guilty parties to account usually begins with filing a lawsuit. However, setting off this legal expedition is merely the commencement of a journey towards accountability. It becomes crucial to assign culpability to the other driver involved, revealing their neglectful conduct’s pivotal role in the accident and the subsequent damages that it inflicted.
Building a robust case for negligence requires you and your chosen legal representative to validate four key elements effectively. The first step entails illustrating that the accused owed you a “duty of care”. In layman’s terms, this means they were required to maintain a reasonable level of safe driving practices. Then, you need to collect evidence to demonstrate the defendant’s failure in observing this duty, via their inaction or careless actions. The next stage connects this negligence directly to the motorcycle accident. Ultimately, the aim is to make clear the physical or emotional harm you underwent as a direct result of the accident. With the guidance of a skilled lawyer, successfully proving these elements can be achieved, bringing you a step closer to receiving justice.
What is the Timeline to Resolve a Motorcycle Accident Claim in California?
Though desiring quick resolution is natural for victims, the fact is that there are no predetermined timelines for settling motorcycle accident claims, as each case encompasses its unique instances. Our committed team has resolved various cases in a few weeks, while others took years and even involved trials before reaching a conclusion. Rest assured, we are sincerely devoted to supporting accident victims, unyieldingly fighting for their rightful compensation. The one certainty we can provide is that seeking legal advice promptly can expedite the initiation of the process, kick-starting your journey towards rightful reparation.
Understanding the Common Circumstances Surrounding Motorcycle Accidents
Motorcycle accidents in California often include collisions with larger vehicles, primarily due to the steady surge and ebb of traffic at the bustling Port of California, recognized as one of the most commercially active ports globally. Add to this the fact that the state is home to nearly 900,000 vehicles, and the risk factor for motorcyclists skyrockets.
Sadly, drunk driving continues to lead the causes of motorcycle accidents, making up nearly a quarter of fatal incidents. Other contributing factors include excessive speeding, inexperienced drivers or riders, distracted driving, lane splitting, among others. Moreover, external factors beyond a motorcyclist’s control, such as faulty motorcycle parts, hazardous road conditions, and visibility issues, also contribute.
Injuries from a motorcycle accident can range from minor fractures and whiplash to severe road rash burns, Traumatic Brain Injuries (TBI), spinal cord injuries, or even total or partial paralysis. Regardless of the gravity of your injuries, our experienced team is ready and equipped to offer extensive support throughout this challenging period.