Bike Accidents

Bike Accidents

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.

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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.

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Bike Accidents

Effects of Lane Splitting on Motorcycle Accidents in California

May 8, 2017 | By Michael Beliz | 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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