Updated: Apr 30
How To Preserve Your Motorcycle Accident Claim In California
The excitement of a motorcycle ride is unrivaled for motorcycle enthusiasts. Many riders feel that nothing compares to being out on California's sun-drenched highways. Others ride motorcycles for practical purposes, such as navigating Southern California's infamous traffic.
Motorcycling, on the other hand, is not without dangers. Riders who are moving at high speeds and exposed can be extremely dangerous. When a motorcycle collides with another vehicle, the rider is almost always the one who suffers the most serious or fatal injuries.
Although motorcyclists are required by law to wear helmets, they are still extremely vulnerable on the roads. Motorcycles move rapidly, are difficult to see, and are exposed to the elements. When they collide with larger vehicles like cars, trucks, and buses, the consequences can be disastrous.
When another person's negligence causes a motorcycle accident, the injured victim has the right to claim compensation for their injury, costs, and losses. Working with a skilled California Attorney For Personal Injury would ensure that the client has the best chance of winning their case.
Statistics on Motorcycle Accidents
Motorcycle injury rates in California and the rest of the country are sobering, demonstrating how dangerous a collision can be for riders.
More than 8.7 million motorcycles are registered in the United States, which is an all-time record.
In 2016, more than 104,000 bikers were injured in crashes.
In 2017, there were over 5,000 deaths in the United States.
Motorcycle fatality rates are more than 25 times higher than car fatality rates, rendering it the most dangerous transportation mode.
In 2016, 566 motorcyclists were killed, and 14,400 were injured in accidents across California.
According to data from the California Highway Patrol, about 65 percent of motorcycle deaths involve some degree of rider error.
What's the Difference Between a Motorcycle and Car Accident?
Motorcycle accidents are similar to other types of car accidents in many ways—any personal injury allegation whose results will be dealt with under California's comparative negligence rules. An at-fault defendant — most commonly a driver, though other parties can also be held legally responsible for the victim's losses — can be held legally liable for the victim's losses.
Plaintiffs require competent legal counsel in all motorcycle and automobile traffic accidents to perform a thorough investigation, locate all liable parties and sources of insurance, assess losses, and battle for full compensation.
There are, however, several significant distinctions between motorcycle and automobile accidents. Motorcyclists, in particular, are much more likely to sustain serious injuries. In a motorcycle accident event, there is usually a lot more at stake.
Motorcyclists are often subjected to unfair and misleading discrimination by insurance firms. In certain cases, insurers tend to blame the motorcyclist by using false myths about them. Bikers, on the other hand, are among the most vigilant and alert drivers.
Finally, motorcycle accidents are often caused by unique factors. Motorcycle accidents often occur due to other drivers failing to recognize the existence of a motorcycle or as a result of a highway hazard that is particularly dangerous to riders.
Motorcycle Safety Laws in California
The following laws apply to motorcycle riders' safety:
1. Helmets. Some states do not have regulations requiring riders to wear helmets. Both motorcyclists in California, as well as 19 other states, are required to wear helmets. According to California Vehicle Code 27803, all motorcycle riders and passengers must wear a helmet that the manufacturer has approved as meeting the US Department of Transportation Federal Motor Vehicle Safety Standard (FMVSS) 218.
The majority of catastrophic and fatal motorcycle crashes include head injuries, and a significant number of these severe injuries and deaths could be avoided if riders wore helmets properly.
Motorcyclists and their passengers who do not wear an authorized helmet can face fines and other penalties. According to the statute, any police officer has the authority to charge a violator with a simple equipment violation or a more serious penalty. With proof of correction, an equipment infringement charge will result in a fine. The California Highway Patrol, on the other hand, claims that breaking the helmet rule is an immediate safety threat that cannot be corrected. A violation of CHP guidelines could result in a fine and a year of probation.
2. Headlights. Motorcycles that were manufactured after 1978 are required to have an automatic headlight that turns on and stays on for as long as the engine is running. This is to improve visibility day or night. 25650.5)
3. Handlebars. All motorcycles built and sold after January 1, 1973, must have working turn signals on both the motorcycle's front and rear.