California is one of the most scenic states in the country and a perfect state to ride a motorcycle. The freedom that a motorcycle provides cannot be understated. While riding one can be enjoyable, it is also important to adhere to the proper statewide regulations regarding motorcycles. These machines can be overwhelmingly dangerous if not properly maintained or when the California motorcycle accident laws are not followed. Understanding those laws is important.
California Motorcycle Accident Laws
Understanding the various laws in place for motorcycle accidents can enable riders to handle the aftermath of a motorcycle accident gracefully and make sure the right people are involved. Motorcycle accidents can be terrifying and often lead to lifelong physical and mental health conditions due to the severe trauma one can endure. When you take the proper steps to protect yourself after an accident, you can file a strong accident claim.
California’s motorcycle laws are monitored by the Código de Vehículos de California, which lays out all legal expectations that motorcycle riders must abide by. The laws in the Vehicle Code cover a very wide range of matters, from helmet laws to getting a motorcycle license. If any motorcyclist violates these laws, the resulting legal penalties can be significant.
To obtain a motorcycle license in California, you have to undergo a number of important steps. To start, you must complete the California Motorcyclist Safety Program (CMSP), which provides comprehensive motorcycle safety training to new riders, particularly riders under 21 years old. From there, you will need to pass a written test and a vision exam at the California DMV. Once you pass those, you will then need to pass a driving test to get your license.
California is one of the few states in the country that requires motorcycle helmets for riders and passengers of all ages. The helmet itself must comply with the safety standards required by the state.
If you are ever in an accident, you are going to want to be wearing a helmet. A helmet can greatly reduce the risk of suffering a traumatic brain injury in a motorcycle accident. Additionally, the at-fault driver’s insurance might argue that your lack of a helmet would make you at least somewhat at fault for your injuries, thus reducing your compensation.
Statute of Limitations
In a motorcycle accident, if you decide to hold the other driver accountable for their actions, you should speak with an experienced car accident lawyer, as they know how to bring a case to fruition. When you decide to take legal action, you need to make sure you pay attention to the prescripción for personal injury cases in California, which includes motorcycle accident cases.
California will give you two years from the date of your accident to:
- Find the grounds for your claim.
- Build a strong and compelling case.
- Collect useful and convincing evidence.
- Consult an experienced and knowledgeable motorcycle accident lawyer in California about your case.
- File a claim to recover comprehensive compensation.
If you are unable to file your claim within two years, there is a decent chance that your case will be dismissed, your claim will be denied outright, and you won’t be able to seek damages.
Building a strong motorcycle accident case can take a lot more time than you might think, so it is important to start building your case as soon as you possibly can. If you are concerned that your case might not be strong enough, your motorcycle accident lawyer can review all the evidence you have collected. If the claim is viable, they can launch their own investigation to uncover further supporting proof for your case.
Preguntas frecuentes
What Happens If You Accidentally Hit a Motorcyclist?
If you accidentally hit a motorcyclist with your car, you could be looking at serious legal consequences. Depending on the situation, you might even face criminal charges, particularly if the incident stemmed from a road rage situation. You are likely going to be held liable for the motorcyclist’s injuries and property damages. A skilled lawyer can be vital in these situations.
Does California Have a Dead Red Law for Motorcycles?
No, California does not have a “dead red” law for motorcycles. A dead red law is a state law that allows motorcyclists to sometimes run a red light with caution if they are not detected by the light. California is not a state that allows dead red laws. Every vehicle in the state must stop at a red light, regardless of the vehicle’s size, with the exception of law enforcement and medical vehicles.
Are Most Motorcycle Accidents the Bikers’ Fault?
There is no real way to determine that, as every motorcycle accident case is different. Sometimes, motorcycle riders’ actions lead to accidents. Other times, it is the drivers of the other vehicles whose actions cause an accident. It’s going to be different in every case. Either way, the consequences of a motorcycle accident can be horrific and irreparable.
How Much Is a Motorcycle Accident Settlement in California?
It is difficult to determine beforehand how much a motorcycle accident settlement in California is going to be. Every motorcycle accident case is different from every other case. Each case has its own unique aspects and influencing factors, resulting in a distinct settlement every time. Factors like your lawyer’s negotiation skills, the stance of the insurance company, and the severity of your injuries are going to affect the total compensation amount.
Reach Out to an Experienced Motorcycle Accident Lawyer Today
Dealing with the fallout of a motorcycle accident on your own can be messy and confusing. Having someone on your side who understands the complexities of motorcycle accident laws and can bring that focused knowledge to your case can make all the difference.
The legal team at Easton & Easton understands the most effective ways to help you and your case. We can build up the details of your case, gather the evidence you need, and make sure your interests are always protected. Póngase en contacto con nosotros to set up a consultation today.
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