Motorcycle laws in California don’t just apply to riders. Just as importantly, the laws that non-motorcyclists must follow help prevent collisions. When motorists violate those laws, they put motorcycle riders at an unacceptable risk of injury and death.
From speed limits to rights of way, many non-negotiable rules decrease the likelihood of a motorcycle accident. If a motorist violated such laws and caused a collision involving you or a loved one, pursue justice through a financial settlement or verdict. Allow a California motorcycle accident lawyer to lead the fight for compensation while you focus on recovery.
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Common California Laws That Help Prevent Motorcycle Collisions
The laws and rules that govern motorists are not in place by accident. Authorities have created and implemented these rules as a safeguard against motorists’ most dangerous instincts. Some of the most important rules that every motorist in California must follow include:
Traveling at or Below the Speed Limit
Every motorist should know that speeding is illegal and dangerous. In fact, speeding is one of the most dangerous acts a motorist can take. Some of the consequences of speeding include:
- Being unable to process hazards promptly, including braking motorists, because one is driving above the speed limit
- Being unable to stop before striking a motorcycle rider
- Losing control of a vehicle
- Becoming flustered while speeding, which can lead to collisions
The faster a motorist drives, the longer it takes them to stop. Furthermore, speeding motorists have less margin for error because they have less time to make a decision or an evasive maneuver. When a speeding motorist does cause an accident, the increased speed can cause a particularly violent collision.
Maintaining a Safe Distance
While some Californians may not think of tailgating as breaking the law, it is considered reckless driving. California statutes state, "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent…”
If a motorist does not have time to stop and avoid colliding with a rider (or other motorist) in front of them, they may have been tailgating.
Abiding by Traffic Signs and Signals
The California Department of Motor Vehicles notes that there are many traffic signs and signals that motorists must abide by without exception, including:
- Stop signs
- Yield signs
- Traffic signals (including flashing red and yellow lights)
- Pedestrian crossing signals
- One-way and wrong-way signs
- Illegal turn and illegal U-turn signs
It is a motorist’s responsibility to understand and heed these signs and signals. When a motorist fails to do so, they put others at risk. Because motorcycle riders lack the same physical protection as vehicle occupants, they may face more risk than most when a motorist disregards traffic safety indicators.
Giving the Right of Way to Those Who Have It
Motorists must know who has the right of way in any given situation. If a motorist is not completely certain that they have the right of way, they should give others (including a motorcycle rider) the right of way.
The right of way becomes relevant when a motorist:
- Encounters a stop sign
- Approaches a yield sign
- Is at an intersection
- Is entering a roadway from another
- Encounters a pedestrian or another motorist
Understanding the right of way can be difficult, but this is a duty for anyone who gets behind the wheel in California.
Avoiding Careless and Reckless Driving
Every state, including California, requires motorists to refrain from any form of careless and reckless driving. From driving far beyond the speed limit to racing and weaving through traffic, careless and reckless acts significantly increase the risk of a motorcycle accident.
Refraining from Distracted Driving
There is no question that distracted driving is among the most dangerous actions a driver can take. Motorists become threats to motorcyclists, pedestrians, and other vehicle drivers when they:
- Text while driving
- Engage in distracting conversation
- Take one or both hands off the wheel
- Become distracted by sights inside or outside of the vehicle
- Eat or drink while driving
- Engage in any other distracting act while behind the wheel
Motorists also have an obligation to ensure they are alert, emotionally and psychologically stable, and physically fit to drive. If a motorist causes a motorcycle accident because of impairment or distraction, they or their insurer is likely liable for the rider’s accident-related damages.
Those in California Must Also Avoid Negligent Behavior
Even when a motorist does not violate the law (which they often do when an accident happens), they can be negligent in ways that cause harm to riders. A motorist has a duty of care to avoid negligent behavior, and this duty of care demands:
Exercising Caution
Defensive driving is not an option. Motorists must assume that others will act in irrational ways, road-related hazards will occur, and they will have to actively avoid collisions. Assuming the worst and driving defensively is key to preventing collisions.
Cautionary behavior by motorists includes:
- Scanning the roadway constantly to anticipate hazards, like braking vehicles and objects in the roadway
- Braking immediately when a hazard or possible hazard emerges
- Reducing one’s speed in adverse road or weather conditions
- Anticipating that others, including motorists and pedestrians, will make risky decisions and having a plan to avoid a collision
Because motorcycle riders and pedestrians are particularly vulnerable to injury, motor vehicle drivers must exercise abundant caution when near these at-risk groups.
Maintaining a Safe Vehicle
No matter how safely a motorist drives, their efforts may be useless if their vehicle is defective. From replacing tires to servicing brakes and getting oil changes, motorists must keep their vehicles in great condition at all times.
Ensuring the Safety of Roadways
Motorists are not the only ones who can be responsible for motorcycle accidents—municipalities throughout California can be, too. You may file a claim against or sue a municipality if your accident resulted from:
- Potholes
- Dangerous work zones
- Defective traffic signals
- An absence of necessary traffic signs
- Uneven pavement or other blemishes in the driving surface
- Any other road-related hazard that contributes to a motorcycle accident
You will likely face an unusually small filing window if you need to sue or file a claim against a municipality. For this reason, you should not wait any longer to hire your California personal injury lawyer.
Manufacturing Safe Vehicles
Vehicle manufacturers, assemblers, and sellers have a duty to protect the consumer. If any of these parties are responsible for a vehicle defect that leads to a motorcycle accident, victims can seek compensation from the negligent parties.
Motorists Face an Unusually Great Risk of Serious Injury When Californians Break Traffic Laws
Motorcycle riders do not have the luxury of a protective cage of metal—protection that often saves car, truck, and SUV occupants from severe injuries. For this reason, motorists and others who endanger motorcyclists can be responsible for:
- Minor injuries
- Severe injuries (including disabling ones)
- Deaths
- Property damage
Riders accept some risk, but they do not (and should not) accept the risk that comes from motorists, municipalities, vehicle manufacturers, and others’ negligence. When these parties cause harm to a motorcyclist, they must pay the cost associated with the rider’s injury or death.
What Should I Do as a Motorcycle Rider Injured by Someone Who Broke the Law?
If you suffered injuries as a rider in California, your next steps should include:
- Getting a diagnosis and treatment plan: Your health is always the most important, and that is never more true than after a motorcycle accident. If you have yet to get a thorough physical exam, medical imaging, and any other necessary services, do so as soon as possible. Keep all documentation related to your medical care.
- Hiring a California motorcycle accident lawyer: There is no time to wait when it comes to an insurance claim or lawsuit. Yet, you may not have much time. You may also lack the physical and psychological fortitude to handle your own claim or lawsuit. Identify a capable California motorcycle accident lawyer and hire them as soon as possible. They will fight for your financial recovery while you heal.
Your lawyer will advise you at every turn of your case. Put stock in their advice, as their goal will be to obtain the compensation you deserve.
What If I Lost a Loved One Because of a Motorcycle Accident in California?
If you lost a loved one in a fatal motorcycle accident in California, you can also hire a personal injury attorney. Lawyers often represent those affected by wrongful deaths, so you can expect empathy, compassion, and start-to-finish legal service.
A lawyer is here to support you. Don’t hesitate to accept a helping hand in the aftermath of a motorcycle collision.
What Your Motorcycle Accident Lawyer Will Do for You (Seek the Justice You Deserve)
Your lawyer will be the sole party (along with their team) responsible for obtaining fair compensation for you. Attorneys have abundant resources, including paralegals and investigators, who will contribute to your case. You should expect your legal team to:
Determine Laws Broken in the Course of Your Accident
Your lawyer will prove liable parties’ negligence, which can mean proving any motorcycle or non-motorcycle laws they broke. Your lawyer will articulate the liable parties’ illegal activity and explain how those acts contributed to your accident.
Secure Evidence of Negligence
Even if no parties broke any laws (or even if they did), your lawyer can still secure any available evidence of negligence, including:
- Eyewitness accounts, which may bolster your assertion that the at-fault party broke one or more laws
- Video footage of the motorcycle accident, which may also show the at-fault party breaking one or more laws
- An expert’s reconstruction of the motorcycle accident
- A police report that supports your account of the accident
Photographs of a damaged vehicle and motorcycle may also help show how and why the collision occurred. Allow your lawyer to secure time-sensitive evidence right away by hiring them as soon as you can.
Document Your Accident-Related Damages
Your attorney must present documentation of damages you’ve experienced because of the motorcycle accident. Personal injury lawyers often prove clients’ damages with:
- Medical bills related to injuries from the accident
- Doctors’ notes, which can include diagnoses and explanations of medical care the accident victim needs
- Bills detailing motorcycle repairs
- A mental health service provider’s explanation of the conditions and symptoms the accident victim suffered, as well as any treatments they may need
Your lawyer will understand your damages well, and they will take all available measures to detail those damages for liable parties.
Determine the Value of Your Settlement Demands
Your accident-related damages will each have a monetary value. As your lawyer establishes the value of each of those damages, they will determine how much compensation you deserve. This amount will be the value of your case.
The value of a motorcycle accident case can increase when:
- The rider suffers severe injuries
- The rider is disabled
- The rider dies
- A motorcycle is totaled
Even so, any motorcycle accident can prove costly. Let a lawyer strive to ensure you don’t pay any money out of your own pocket for the cost of your collision in California.
Negotiate a Settlement on Your Behalf
Your lawyer’s primary goal is to ensure your total financial recovery. They will demand that any liable insurance company, motorist, or other responsible party extend a fair settlement offer to you.
File a Lawsuit and Take Your Case to Trial, If You Choose To
If you decide no settlement offer is fair, you can file a lawsuit against liable parties. Your lawyer will do this for you, as well as represent you at trial if your case requires it.
Damages Common to Motorcycle Accident Cases in California
Your attorney will make a detailed record of your accident-related damages, which may include:
- Pain and suffering
- Mental health treatment expenses
- Lost income
- Lost earning power
- Motorcycle repair costs
- Motorcycle replacement costs
- Medical expenses
If you have any other damages from the accident, you can trust a California motorcycle accident lawyer to value them accurately and fight for fair compensation. Don’t wait to hire your lawyer today.