Attorney Portrait Bike Accidents

Do You Need a Helmet in California?

| Read Time: 4 minutes

A streak of chrome, the roar of an engine, and a rider without a helmet moving quickly along the freeway. But is that legal in California? More importantly, if you get hurt in a crash, could not wearing a helmet affect your ability to recover compensation? This article explains what the California helmet law requires and how it may influence your personal injury case if you are involved in a motorcycle accident. Whether you are a seasoned rider or considering two wheels for the first time, understanding the law is essential for your safety and legal protection. Does California Have a Motorcycle Helmet Law? Yes, California enforces one of the most comprehensive motorcycle helmet laws in the country. Under the California Vehicle Code, all motorcycle riders and passengers must wear a helmet while operating or riding a motorcycle. This requirement applies regardless of the rider’s age, experience, or type of motorcycle. To answer the frequently asked question: Do you have to wear a helmet on a motorcycle in California? Yes, without exception. What Are the Helmet Requirements? The law requires helmet use and mandates compliance with federal safety standards. Helmets must meet U.S. Department of Transportation (DOT) guidelines. These standards include the following criteria: Helmets that do not meet DOT standards may not provide sufficient protection in a crash and can lead to citations. Are Helmets Required in California for Other Vehicles? Although commonly associated with motorcycles, helmet requirements also apply to other types of vehicles. California law requires helmets when operating or riding: When in doubt, it is safer to wear a helmet and verify the legal requirements before riding. What Happens If You Do Not Wear a Helmet? Violating the California helmet law is a traffic offense. Officers can issue citations, and you may face a fine. However, the effects of noncompliance can extend beyond penalties. If you are injured in a motorcycle accident while not wearing a helmet, it could influence the outcome of your injury claim. Even if another driver is clearly at fault, insurance companies may argue that your lack of helmet use contributed to the severity of your injuries. This is where California’s comparative fault law can come into play. How California’s Comparative Fault Law Affects Your Claim California applies a system called pure comparative fault to personal injury claims, including motorcycle accidents. This means each party involved in an accident can be assigned a percentage of the fault. Your compensation is then reduced by the percentage of fault attributed to you. For example, if the total value of your damages are $100,000 but you are found 25% at fault for failing to wear a helmet, the court could reduce your recovery to $75,000. This approach allows injured parties to recover compensation even if they are primarily responsible, but the recovery amount will reflect their share of the blame. When helmet use is a factor, the issue often centers on whether wearing a helmet would have significantly reduced the severity of your injuries. This is where expert medical testimony, crash analysis, and clear legal advocacy become important. Demonstrating that your injuries would have occurred regardless of helmet use or showing that your helmet met safety standards can help preserve the value of your claim. It is important to note that not wearing a helmet does not eliminate your right to file a claim. Instead, it may reduce the amount of compensation you can recover. What If You Were Wearing a Helmet and Still Injured? Helmets offer substantial protection, but they cannot prevent every injury. Many riders suffer harm in crashes even while complying with the law. If you were wearing a DOT-approved helmet and were injured due to someone else’s negligence, you may be entitled to pursue compensation for: Accurate documentation and experienced legal help are essential in building a strong injury claim. How The Beliz Law Firm Can Help Injured riders face many challenges after a motorcycle accident. At the Beliz Law Firm, we provide personal, one-on-one legal attention to help clients navigate their recovery. Our team can: With years of experience assisting accident victims across Southern California, we are committed to helping protect your rights and pursuing the full compensation you deserve. Motorcycle Safety Tips for California Riders Wearing a helmet is a key safety measure, but other steps can help protect your health and your rights. Consider the following precautions: Staying informed and prepared can reduce the likelihood of accidents and support your legal position if an injury occurs. Talk to a Long Beach Motorcycle Injury Lawyer Today Whether you were wearing a helmet or not, a motorcycle crash can leave you with serious injuries and legal questions. You do not have to face this situation alone. At the Beliz Law Firm, we combine personalized legal care with proven experience in California motorcycle accident cases. Our firm is proud to help riders throughout Long Beach and Southern California hold negligent drivers accountable and seek the compensation they deserve. Contact us today for a free consultation. We are here to help protect your future and support your recovery.

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Attorney Portrait Bike Accidents

California Bicycle Laws Every Cyclist Should Know

| Read Time: 4 minutes

The sun is shining, and the cool breeze hits your face as you pedal through the streets of California. But amidst the joy of cycling, an unexpected incident can leave you questioning your rights and responsibilities as a cyclist. Understanding California bicycle laws helps you stay safe and empowers you to protect your rights if an accident occurs. The Basics of Bicycle Laws in California California’s bicycle laws ensure the safety of cyclists, pedestrians, and motorists alike. The following is what you need to know about your legal responsibilities and protections as a cyclist in the state: California imposes significant responsibilities on bicyclists. These responsibilities are designed to protect all riders and reduce the likelihood of a devastating accident. Violating these protections can result in fines, penalties, and legal liability. What Are the Bicycle Laws in California Regarding Accidents? In the event of a bicycle accident, California law requires the involved parties to: If you’ve been in an accident, documenting the scene and gathering witness statements can be invaluable for building a potential legal claim. Bicycle Safety Laws to Protect Cyclists California has implemented several measures to reduce accidents and injuries. These measures focus on allowing bicycles to share the road with motor vehicles safely. Some of the more common safety laws include: Following these laws can help cyclists and the motorists they share the road with to reduce the risk of an accident causing serious injuries. Steps Cyclists Can Take to Stay Safe and Protect Their Rights While accidents can happen, you can reduce risks and strengthen your legal position by: Staying proactive and well-informed is essential to prioritizing your safety and safeguarding your rights in case of an accident. How The Beliz Law Firm Can Help Cyclists in California Understanding California law may seem overwhelming if you’ve suffered a bicycle accident. Our firm brings years of experience and a client-first approach to ensure you get the support you deserve. Clients choose us for the following reasons: Our firm has successfully recovered millions of dollars in compensation for our clients. With us, you’re not just a cyclist but a fighter for justice. Don’t Let a Cycling Accident Halt Your Ride Every cyclist deserves to ride confidently, knowing the law has their back. The Beliz Law Firm ensures your voice is heard and your rights are protected. If you’ve been injured in a bicycle accident, don’t let uncertainty keep you from seeking justice. Michael A. Beliz, a trusted advocate with years of experience, can guide you through the legal maze with compassion and determination. Contact us today for a free consultation to begin your journey toward justice. Frequently Asked Questions Can I Ride My Bike on Sidewalks in California? California law allows local jurisdictions to determine sidewalk cycling rules. In many cities, business districts prohibit or restrict cycling on sidewalks. Check your local ordinances to stay compliant. Are Electric Bikes Subject to the Same Laws as Regular Bicycles? Electric bikes (e-bikes) in California are generally subject to the same regulations as traditional bicycles. However, certain classifications of e-bikes may have additional requirements, such as speed limits and licensing restrictions. What Should I Do If I’m Involved in a Hit-And-Run While Cycling? If you’re the victim of a hit-and-run, report the incident to the police immediately and seek medical attention. Gathering evidence, such as license plate numbers and vehicle descriptions, can help authorities and your attorney.

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Attorney Portrait Bike Accidents

Most Common Causes of Bicycle Accidents in California

| Read Time: 2 minutes

California, with its picturesque landscapes and cycling friendly cities, is a haven for bicycle enthusiasts. However, cycling, like any other mode of transportation, comes with its own set of risks. Bicycle accidents can occur due to various factors, ranging from human errors to environmental conditions. Exploring the most common causes of bicycle accidents in California sheds light on the potential liability of another if they caused you harm. What Are the Most Common Causes of Bicycle Accidents? The main cause of bicycle accidents in California involves collisions with motor vehicles. The size and speed disparity between bicycles and cars can lead to catastrophic consequences. Factors contributing to these accidents include distracted driving, failing to yield, dooring incidents, and unsafe road conditions. The condition of roads and cycling infrastructure can significantly impact the safety of cyclists. Common causes of accidents resulting from unsafe road conditions include the following: Confusion regarding right-of-way rules can also cause collisions between bicycles and other vehicles. This is especially true when a cyclist or motorist does not stop at a stop sign, ignores the traffic signals, or takes a turn without properly signaling. Liability and Damages in California Bicycle Accidents Determining liability in bicycle accidents is based on the evidence available in each particular case. Liability is generally based on the principles of negligence. For the most part, everyone owes a duty of care to operate a vehicle or bicycle with reasonable care. When someone doesn’t fulfill their duties, they could be negligent and therefore liable for any injuries or damages they cause to another.  If a motorist’s negligence, such as distracted driving or failure to yield, leads to a bicycle accident, they can be held responsible for the damages. If an unsafe road, inadequate signage, or poor maintenance contributed to an accident, liability may fall on the responsible government agency. In some cases, if a defect in the bicycle or its components causes the accident, the manufacturer may be held liable. On the other hand, if a cyclist contributes to their own mishap through negligence, they may not be able to recover as much compensation for their losses related to the accident. Cyclist negligence might be traveling in the opposite direction of traffic, disregarding traffic rules, or riding under the influence. Alcohol and drugs affect a cyclist’s judgment, coordination, and reaction time, significantly increasing the risk of accidents.Once you determine liability, you can calculate the potential damages and what a case could be worth. Damages that can be recovered in a bicycle accident case include compensation for past and future medical treatment, lost wages, and pain and suffering. California Bicycle Accident Lawyer After a bicycle accident, you may suffer losses you never expected. With the help of an experienced attorney, you can be sure you’re maximizing your recovery to recoup your losses. Michael A. Beliz has worked on and handled hundreds of cases as an attorney for over a decade. You can be confident the Beliz Law Firm will handle your case professionally and as efficiently as possible. Contact us today.

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Attorney Portrait Bike Accidents

Effects of Lane Splitting on Motorcycle Accidents in California

| Read Time: 2 minutes

Lane Splitting and California Motorycle Accidents Motorcycle accidents remain a serious safety problem in California. The California Highway Patrol (CHP) reports that in 2014, motorcycle accidents injured 11,000 people. All too often, the general public simply assumes that bikers must be at fault for their own accidents. There is an unfair perception that motorcyclists often engage in ‘risky’ or ‘dangerous’ behavior. Yet, often, a lack of knowledge on motorcycle operations leads to that position. For example, ‘lane splitting’, which many drivers assume to be dangerous, is actually a safe and legal road practice. Here, our Long Beach motorcycle accident attorneys discuss lane splitting and its effects on California accidents. When Done Properly, Lane Splitting is Safe Lane splitting is the practice of a riding a motorcycle in between the middle of two lanes of stopped (or slowly moving) traffic. Bikers may engage in lane splitting to save time by quickly bypassing the traffic congestion that is all too common in Southern California. The evidence suggests that lane splitting is actually more safe for motorcyclists than is stopping behind vehicles in slow moving traffic. Indeed, in a study of more than 6,000 crashes, researchers from the Safe Transportation Research & Education Center at the University of California Berkeley found that lane splitting riders were less likely to be rear-ended and less likely to suffer concussions, serious torso injuries or death. Lane Splitting is Legal in California Under California law, lane splitting is legal. Riders must be safe and follow certain guidelines, though. The California Highway Patrol instructs lane splitting bikers to be: Reasonable; Responsible; and Aware of road conditions. As a general rule, lane splitting should only be done at a speed that is under 40 miles per hour, and no more than 10 miles per hour faster than the traffic in the other lanes. Motorcyclists also have other duties when lane splitting, such as avoiding erratic movements. Who is Liable for a Lane Splitting Accident? Since lane splitting is a legal practice that can be done safely, motorcyclists are not inherently liable any resulting accidents. Ultimately, liability for these crashes will always depend on the specific facts of the case. Investigators will need to determine exactly why the accident occurred and which, if any, parties failed to operate their vehicle in a safe manner. Many factors can complicate assigning fault in accidents. As a California is a comparative negligence state, sometimes two or more parties may even share liability for the same crash. To protect yourself from an unfair share of accident liability, you need to get your case into the hands of an experienced motorcycle accident lawyer as soon as possible after a lane splitting accident. Get Legal Help Today At The Beliz Law Firm, we have extensive experience handling motorcycle accident claims. Call our firm today at 562-452-3772 to request a free review of your case. From our primary office in Long Beach, we serve communities throughout the region, including Westminster, Riverside, and San Diego.

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