Motorcycle Helmet Laws and Recovering Monies for Injuries

Some common motorcycle accident related questions riders have are regarding how insurance adjusters determine liability.  The following are some of those common questions for California motorcycle helmet laws.

Q: I was in a T-bone collision on my motorcycle because a car made a left turn ahead of me. Who is at fault?

A: The party making the left turn is at fault when failing to allow vehicles pass saftley before turning left. Under California Vehicle Code § 21801.

Q: I was involved in an accident while riding my motorcycle, what should I do?

A: It is always important to document as much material as you can. Take photos and videos of damage to your motorcycle and the other vehicle. Include your gear, helmet, and any physically visible injuries. Keep copies of any and all medical records, bills, and any related expenses. If you are unable to meet with an attorney right away, do not admit any fault or sign anything in order to preserve your rights.

Q: I was involved in an accident while riding my motorcycle, but wasn’t wearing a helmet. Can I still recover monies from the at fault party?

A: Under California motorcycle helmet laws, all riders must wear motorcycle helmets, no matter the age. If you sustain a head or brain injury while NOT wearing a helmet, it will be difficult to recover damages for your injury.

If you sustained other injuries, such as, broken rib, broken bone, back or shoulder injury you may still be able to recover for other injuries, however an issue that arises and also relevant as to the amount of damages you will recover, if it is shown that your failure to wear a helmet contributed to your injuries.

Q: How can I check if my motorcycle helmet is acceptable under my state’s helmet law?

A:  Check your helmet to find a label that reads “DOT”, which stands for Department of Transportation and is the manufacturer’s certification that the helmet conforms to federal safety standards.

If you were involved in a motorcycle accident, call now for a free consultation and speak with a motorcycle accident attorney. Our attorneys speak English, French, Spanish, Russian, Armenian, Hebrew, Farsi, and Arabic.

KAASS LAW has the authority to practice law in California. The above content is for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.

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