Motorcycle riding has greatly increased in the last several years. In 2006, over 1,000,000 motorcycles were sold. In 2004, there were 5.8 million motorcycles on the road in the United States. This increase in ridership resulted in more accidents involving motorcycles. In 2006, motorcycle fatalities were at the highest level since 1981, and each year more than 500,000 people are treated in emergency rooms in the U.S., according to the National Center for Injury Prevention and Control (NCIPC). Bicycles, also a low profile, single-track vehicle, are involved in their share of accidents. The NCIPC estimates that each year 700 people die as a result of bicycle-related injuries. The recent increase in the cost of gasoline, combined with increased environmental consciousness, has resulted in more people choosing bicycles and motorcycles as alternative modes of transportation.
Types of Motorcycle Accidents
Bicycles and motorcycles are similar in that they are single-track vehicles that are difficult for drivers to see. Riders of both bikes and motorcycles should be aware of the following common causes of accidents: California Motorcycle Laws
Motorcyclists in California should be aware of the various statutes concerning motorcycles and their operation.
- Helmet law: Helmets are mandatory in California. Motorcyclists must wear a DOT approved helmet when riding in California.
- Lane splitting: Lane splitting is legal in California. However, if a lane-splitting motorcycle is involved in a collision, the police will generally blame the biker for the crash and indicate that on the traffic collision report.
- Statutes of limitations: you only have a certain amount of time to file a lawsuit, depending on the type of case. It is, therefore, important to consult with an attorney soon if you are involved in any accident.
- License and permit requirements: to ride a motorcycle in California, you must have an M-Class license. The Department of Motor Vehicles will issue an M endorsement after passing both a written test and a road test.
Types of Bicycle Accidents
Collisions with cars account for one-third of all bicycle accidents, and they account for the majority of serious injuries and deaths. Common causes of accidents involving motor vehicles include:
- Drunk driving
- Inattentiveness
- Failure to safely pass a cyclist
- Unsafe turns
- Failure to yield the right of way
Automobile drivers generally are not on the lookout for bicyclists. When an automobile is involved in a collision with a cyclist, the automobile driver generally will claim that it is the bicyclist’s fault. As such, rider error is blamed for the accident; the car drivers will claim that the bike rider caused the accident and therefore should be responsible for any damages or injuries arising out of the accident. Bike riders are held to the same degree of care as motorists and must comply with California Motor Vehicle Code regulations related to bicyclists. After an accident, it is important to get a police report. Do not leave the scene of the accident without waiting for a police officer to arrive and process the scene. If you are unable to give a statement at the scene due to injury, you may be able to contact the investigating officer at a later date to give your statement. Therefore, he will have both sides of the story when making any conclusions regarding fault, and will not rely solely on a statement from the driver of the vehicle, which is likely to be biased in the driver’s favor. The opinions of the investigating officer in the report are inadmissible in court to prove fault, but the facts included in the report, including any statements, can be admissible. It is therefore important to obtain the police report as soon as it is prepared and correct any errors or misstatements before they can be used against you. Careless conduct on the part of the cyclist is frequently cited as a contributing factor in an accident. Excessive speed, unsafe lane changes, cutting in front of cars and other reckless maneuvers are all examples of careless conduct. Also, failure to wear a helmet may be used can reduce any award for a bicycling accident involving a head injury. California is a comparative fault state, which means that a plaintiff’s damage awards are reduced by the percentage the jury or judge finds the plaintiff to be at fault. Furthermore, California law requires all bicyclists under the age of 18 to wear a helmet. Head injuries account for 75% of all serious injuries and fatalities from bicycle accidents. Improper maintenance of a bike can also be cause an accident and can be attributed to the rider because many cyclists prefer to perform their own assembly or maintenance. Items to keep an eye on include improper tube or tire installation or pressure, loose parts, or component fatigue. Riders should examine their bike before every ride to ensure that the bike is in good condition, with all components properly installed and maintained according to the manufacturer’s specifications. Some safety precautions to follow when bicycling include the following:
- Always wear a helmet.
- Obey all traffic controls.
- Ride your bicycle near the right-hand edge of the road.
- Never carry another person on your bicycle.
- Always use hand signals when turning or stopping.
- Look out for cars at cross street, driveways, and parking places.
- Be careful when checking traffic and don't swerve when looking over your shoulder.
- Give pedestrians the right-of-way.
- Keep your bicycle in good condition.
- Always ride carefully.
California Bicycle Laws
- Bicycle Defined: A bicycle is a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels. Persons riding bicycles are subject to the provisions of this code specified in Sections 21200 and 21200.5.
- Helmet law: Helmets are mandatory for people under 18 years of age.
- Drunk bicycling: Riding a bicycle while under the influence of alcohol or drugs is punishable by a $250 fine. However, if you are under 21 but over 13 years of age, your driving privileges will also be suspended.
- To view California Vehicle Code sections that apply to bicycles, click the following link: http://dmv.ca.gov/pubs/vctop/vc/tocd11c1a4.htm
If You Have Been Injured in a Motorcycle or Bicycle Accident, Seek Legal Advice Personal injury matters are extremely time-sensitive. It is important to act promptly to preserve evidence, investigate the cause of the accident, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one has been involved in a motorcycle or bicycle accident, contact Los Angeles personal injury attorney James R. Gillen at 877-619-3095 or by e-mail. |
