Bike Accidents Archives - The Beliz Law Firm

Do You Need a Helmet in California?

Jul 26, 2018 | By Michael Beliz | Read Time: 2 minutes

If you ride a motorcycle in California, it’s important to familiarize yourself with the applicable California helmet law and obey all of the rules that apply to you. You also have the right to stand up for yourself in the event you are following applicable rules and you are in an accident that was not your fault. California Helmet Laws California motorcycle helmet law is covered under Vehicle Code Section 27803. California is one of a handful of states that requires all motorcycle riders to wear a helmet. All drivers and passengers must wear a helmet that meets federal safety standards, regardless of age. This law applies to riders on highways as well as rural roads. The helmet law in California does not apply to anyone on a fully enclosed three-wheeled motor vehicle that is over seven feet long and four feet wide. According to the Insurance Institute for Highway Safety Highway Loss Data Institute (IIHS), helmets are 37 percent effective in preventing death and 67 percent effective in preventing brain injuries. Purchasing a Helmet that Meets Federal Standards When purchasing a helmet, you must get one that meets federal standards, and it should fit snugly on your head. One helpful tip is to look for a DOT, Department of Transportation, sticker, which is a sign that the helmet manufacturer followed federal safety standards. Having someone help fit you in a helmet is good because they can ensure the helmet doesn’t move excessively and is properly fastened with the straps. Approved helmets meet minimum requirements such as: Inner liner at least one inch thick and made of polystyrene foam Nothing protruding more than two-tenths of an inch from the helmet shell Sturdy chin straps that are attached to the helmet shell with solid rivets Approved helmets typically weigh around three pounds or more. Penalties for Not Wearing a Helmet Both motorcyclists and their passengers can be subject to fines and other penalties if they fail to wear a DOT approved helmet in California. Law enforcement officers are entitled to charge an offender with an equipment violation or something greater. Equipment violations carry a minimal fine per the California Vehicle Code, but the California Highway Patrol states any violation of the helmet law is not just an equipment violation as it is an immediate safety hazard. If a California Highway Patrol (CHP) stops you, it could be a $250 fine and a year of probation, versus the $10 equipment violation. The courts tend to side with the CHP position, so it’s best you always wear your helmet as it will likely save you money in addition to potentially saving your life in the case of an accident. If you sustained a head injury in a motorcycle accident while not wearing a helmet, there may be comparative negligence of your actions. This means you may be somewhat at fault for your injuries. Retaining a California Motorcycle Attorney If you’ve been injured in a motorcycle accident, a California motorcycle attorney can assist in answering any questions and addressing your concerns. Depending on the facts surrounding the accident, you may be entitled to compensation for injuries and property damage. Call the Beliz Law Firm at 562-452-3772 to schedule a consultation.

Bike Accidents

California Bicycle Laws Every Cyclist Should Know

Jul 2, 2018 | By Michael Beliz | Read Time: 3 minutes

California bike laws are included in the California Vehicle Code (CVC), which contains the state laws that determine how and where bicycles can legally ride. In general, bicyclists have many of the same responsibilities and rights as those driving a motor vehicle. Important Bicycle Laws in California There are a number of important bicycle laws in California you should familiarize yourself with. These include: Use a Bike Lane: If there is a bike lane and you are moving slower than traffic, you must use the bike lane. Ride with Traffic: Bicycle riders in California must ride in the same direction as the flow of traffic. If you need to travel in the opposite direction on a one-way street, you will need to walk your bicycle on the sidewalk. Ride on the Right Side of the Road: In the event you are riding as fast as traffic, you are allowed to ride in the traffic lane itself. However, most people are traveling slower than traffic which means you must ride as close as possible to the curb. Exceptions to the rule include preparing to make a left turn, when necessary to avoid conditions that make it unsafe to ride along the edge or right-hand curb, and when you are overtaking or passing another bicyclist. Helmet Required for Under 18: Anyone riding a bike who is under 18 years of age must wear an approved helmet. It’s important to note that some areas like Chico, Bidwell Park, and El Cerrito require anyone riding a bicycle to have a helmet, no matter how old they are. No Stopping in a Crosswalk: Bicycles cannot stop in a crosswalk, as they are for pedestrians, not bicycles or cars. Yield to Pedestrians: Even if a pedestrian is not using a marked crosswalk when crossing the street or roadway, bicycles must exercise due care. Have Working Brakes: Although it should be obvious, it’s important to have working brakes, and they needs to be ones that allow you to make a one-braked wheel skid on level, clean, dry road or pavement. One Ear Uncovered: If you like to wear headphones or ear plugs while riding, the California bike law mandates you must have one ear uncovered at all times while riding. Lights Required for Nighttime: If you are riding after dark, there needs to be a white light that is visible from at least 300 feet in front. The light can be equipped on the bicycle or on your person as well. Nighttime Reflectors: There are several different requirements regarding different color reflectors required for riding at night. CVC 21201(d) covers specifics on which reflectors are required and how far away they must be visible from. Parked Vehicles: Bicyclists need to keep a safe distance from parked vehicles to avoid being hit by someone opening the door. Obey Traffic Signals and Signs: Bicyclists must obey all traffic signals and stop signs and follow fundamental right-of-way rules. You should not attempt to cross an intersection on a yellow signal if you cannot make it across before the light changes to red. How Do You Properly Make a Left Turn on a Bicycle? The DMV’s section on California bike law and safety rules explains how to make a proper left turn. It can safely be done in one of two ways. When you approach an intersection, a bicyclist needs to look over his or her left shoulder. If it is clear, signal to make a turn and move to the left side of the lane or use the designated left turn lane or center turn late. The other option is to stop and cross like a pedestrian in the crosswalk. Yield to pedestrians and wait for a green light or WALK sign if there is a signal at the crossing. You should never make a left turn on a bicycle from the right side of the roadway, even if you are traveling in a designated bike lane. Is it illegal to ride a bike on the sidewalk in California? The ability to legally ride a bicycle on the sidewalk is determined by individual cities and counties that determine whether or not they allow a bike on the sidewalk in California. Retaining a California Personal Injury Attorney In the event you’ve been in an accident on a bicycle, it’s important to get in touch with a California bike accident attorney as soon as possible. The Beliz Law Firm has years of experience handling all types of personal injury losses. Contact us at 562-452-3772 to schedule a consultation.

Bike Accidents

Common Bicycle Accident Injuries from Bicycle + Car Crashes

Aug 15, 2017 | By Michael Beliz | Read Time: 2 minutes

The United States Centers for Disease Control and Prevention reports that bicycle trips account for fewer than one percent of all trips in the United States. It is uncommon it is to travel by bike relative to other modes of transportation. Those who ride their bikes face a higher risk of crash-related injury and death than people in cars. The following considers some common bicycle accident injuries caused in a bicycle-car crash: Head and Face Injuries Nearly all cyclists involved in a crash with a motor vehicle experience some sort of harm to their head. While the level of injury may vary in type and severity, some of the most common types of head injuries include: Skull fractures; Contusions; Concussions; and Intracranial hemorrhaging. Head injuries are often accompanied by facial injuries. This could affect the bones, skin, or eyes. Dental fractures, facial fractures, road rash, and more are all possible. One of the easiest ways to prevent head injuries is to always wear a helmet while riding. Musculoskeletal Injuries The musculoskeletal system refers to all the joints, nerves, muscles, tendons, and ligaments in the body. “Musculoskeletal injuries,” refer to injuries such as bone fractures, dislocations, sprains, and strains. Common areas of fracture in a bicycling accident are the wrist and elbow. Chest and Abdominal Injuries Injuries to the chest or the abdomen can be very traumatic. They may even be fatal if the rider gets hit with a strong amount of force and does not receive immediate medical care. Chest and abdominal injuries include rib fractures, pancreatic trauma, lung injuries, and more. Skin and Other Soft Tissues Injuries A bicyclist is likely to suffer a number of skin and soft tissue injuries when involved in a crash with a vehicle. For example, the cyclist may suffer lacerations or bruises or may suffer a serious road rash or road burn injury. Dragging or skidding along the surface of the road can cause these injuries. They can be very painful and may leave permanent scars. What to Do After Suffering Serious Injuries in a Bicycle Crash A bicycle crash can injure in several ways. It can cause physical, psychological, and economic injuries. When you’re hit by a car while riding bicycle accident in Long Beach, you have the right to seek the full amount of damages you have suffered. At the law offices of The Beliz Law Firm, our talented Long Beach bicycle accident attorneys can help. We handle every case we take on with the utmost competence and confidentiality, and always work on a contingency fee basis. Contact us today to learn more.

Bike Accidents

5 Steps for Filing a Bicycle Accident Claim in Long Beach

Jul 24, 2017 | By Michael Beliz | Read Time: 3 minutes

Your life can change within a split second if you get injured in a bicycle accident in Long Beach. There’s the initial trauma, followed by pain and suffering as you recover. Plus, you may be out of work due to your injuries. This adds financial hardship during these difficult times. You do have options to get compensation from the responsible party, but the process can be complex. Therefore, your first step – after seeking appropriate medical care – is to hire an experienced Long Beach bicycle accident attorney. A lawyer can then guide you through these five steps for filing a claim. 1. Obtain Information from the Responsible Party You should get the names, phone numbers, and insurance information from all drivers involved in the car crash. Don’t converse with anyone beyond the exchange of information. Do not speculate on fault or contributing factors in the incident. 2. Gather Medical Records When filing a claim for injuries due to a bike accident, you must support your position with appropriate documentation. Collect all medical records showing the diagnosis of your condition. This includes treatments used by healthcare providers, and any documents showing your medical prognosis. In addition, if you missed work as a result of your injuries, submit your payroll information for lost wages at the time you file your claim. 3. Document Your Experience Your own experiences after the bike accident can be useful when approaching an insurance company about a claim. Keep a journal while recovering from your injuries. Include such topics as your level of pain on a scale of 1-10, your emotional well-being, and how you’ve had to change your routine. 4. File Your Claim with the Responsible Party’s Insurer There are forms that you need to fill out to file a claim with an insurance company. You may also include a cover letter that goes into more detail about your demand. Make sure you include the dollar figure on what you’d be willing to accept to release all claims. 5. Await the Insurance Company’s Response – and Expect to Counter Once the insurer receives your claim, the company will process it. In most cases, you will receive a rejection or counteroffer for a lower amount. When you cannot resolve your claim with the insurance company, don’t delay in filing a lawsuit. The statute of limitations on these cases is three years in California, so you cannot recover compensation if you wait too long. You Have a Right to Compensation for Your Injuries Suffering injuries in a Long Beach bicycle accident can have devastating consequences. Under California law, you have the right to compensation for your medical costs, pain and suffering, lost wages, and other losses. But it is difficult to file and claim. The insurance company may also treat you unfairly. The key to your success is retaining a dedicated, compassionate lawyer. You need someone who will aggressively pursue your interests. At the Beliz Law Firm, our Long Beach bike accident attorneys have extensive experience handling claims and the in-depth legal knowledge necessary to obtain the highest compensation allowed by law. Please contact us online or call (562) 452-3772 today to discuss your case.

Bike Accidents

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