San Clemente Motorcycle Accident Lawyer

Under California law, if you suffered an injury in a motorcycle accident, you have the right to file a lawsuit and seek monetary compensation from the person that caused the crash. A personal injury lawyer might have the experience you need to recover compensation on your motorcycle accident claim.

It should come as no surprise, given that motorcycle riders are exposed to significantly more risk of injury than operators of motor vehicles, that motorcycle accidents often lead to serious injury. If you are one of the many Americans injured in a motorcycle accident this year, contact a San Clemente motorcycle accident lawyer right away.

Negligence in a Motorcycle Accident

For an injured motorcycle rider to recover damages after an accident in which they suffered an injury, they would have to show the negligence of another person caused the accident. Proving negligence involves showing a jury:

  1. That the driver that caused the accident owed a duty of care to the rider
  2. That the driver violated that duty of care
  3. That the violation was a major factor in causing the rider’s injuries

Generally speaking, drivers owe everyone else on the road a duty to proceed carefully and abide by traffic laws. A failure to comply with the California Rules of the Road could lead a jury to conclude a driver was negligent.

If a rider suffered an injury in a motorcycle accident, it is possible they were not immediately aware of the cause of the motorcycle accident. Motorcycle riders are often thrown from their bikes in a collision, and it is possible they could be taken from the scene of the collision in on state to as questions. A San Clemente motorcycle accident attorney may be able to help that injured rider investigate the accident to determine the cause. If the cause is the negligence of another person or company, that attorney may be able to help them recover monetary damages.

California Universal Helmet Law

While there are a variety of safety tips designed to make riding a motorcycle safer, the CDC has identified the use of helmets as one of the best options for saving lives in motorcycle accidents. This has led many watchdog groups to push for states to adopt universal helmet laws requiring all motorcycle riders as well as passengers to wear a helmet on a moving motorcycle.

Not every state has agreed. Some states, like Arizona, only require helmets in certain situations. California has adopted a universal helmet law that applies to everyone that rides on a motorcycle within the state.

The California universal helmet law are found under California Vehicle Code Section 27803. The statute mandates that all riders and passengers wear a safety helmet any time a motorcycle is moving. The law assesses a fine to any rider without a helmet. In fact, the police may ticket the driver for each passenger that is without a helmet as well.

Schedule a Consultation with a San Clemente Motorcycle Accident Attorney Today

The effects of a motorcycle accident could require months of recovering from your injuries. This recovery often takes a toll, and the stress of managing your personal injury lawsuit only complicates matters. Let a professional handle your claim. Contact a San Clemente motorcycle accident lawyer to get your case started.