Helmet Laws
Motorcyclist are 10 times more likely to be injured and 35 times more likely to die than passengers in a car crash. With the increase in popularity or motorcycles, there are more and more motorcycle accidents each year. In the past, most motorcycle accident cases involved young riders (18-25) on sport bikes. But recently, I have seen a trend to more and more motorcycle accidents involving riders over 40 and in my case over 50 years old.
Most cases we handle involve "Failure to Yield" or "Left Turn" cases (CVC 21801a) in which a car turns directly into your path at an intersection, "Unsafe Lane Change" cases which occur on the freeway, or "Exit" cases, where a driver exits a driveway into you or your path. But we also take on the difficult cases- where the Traffic Collision Report alleges the motorcyclist is primarily at fault for riding at Unsafe Speed (CVC 22350) or for making an "Unsafe Lane Change" (CVC 21658a).
As a former Traffic Judge pro tem in California Superior Court- motorcycle attorney Tom Reinecke can answer your legal questions and provide you with answers.
If you've been injured in a motorcycle accident, you need the Best Motorcycle Lawyer. Attorney Tom Reinecke has been recognized as the "Top Gun" of motorcycle accident attorneys in Southern California. The Reinecke Law Firm are Real Lawyers that get Real Results. We are not a referral service. We have offices serving Los Angeles, Orange County, the Inland Empire and San Diego.
For more information about what you should do after a motorcycle accident, see our motorcycle accident information page or call us at (800) 275-8326.
IMPORTANT - Never, ever give a written or recorded statement to any insurance company without contacting a motorcycle accident attorney first. The questions asked by the insurance company are designed to have you either admit liability or admit to being partially at fault for causing or contributing to the accident. YOU ARE NOT AT FAULT- CALL AN ATTORNEY.
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Free call and consultation: Call California motorcycle accident attorney Tom Reinecke at 800-275‑8326 for an immediate, no-obligation lawyer consultation. With offices in Santa Ana, San Diego and Los Angeles, we represent motorcycle accident victims throughout Southern California.
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Helmet Laws
Many states have mandatory helmet laws that require motorcycle drivers and passengers to wear helmets while operating or riding on a motorcycle. These laws generally specify the type of helmets that have been approved for use by a state agency. If you have questions about whether California has a helmet law or whether your failure to obey that law will affect your ability to recover damages in a motorcycle accident case, contact The Reinecke Law Firm in Serving All of Southern California to schedule a consultation with an attorney to discuss your particular situation..
Wearing a helmet is an effective way to protect yourself in the event of a motorcycle accident. If a motorcyclist is hit and falls off the bike, a head injury often occurs. A helmet may save the life of a motorcycle driver or passenger by reducing the severity of head injuries. According to the Insurance Institute for Highway Safety, as of June 2011, 20 states and the District of Columbia had laws that required all motorcyclists to wear helmets; 27 states had laws requiring only some motorcyclists to wear helmets; and three states had no motorcycle helmet use law.
How the Failure to Wear a Helmet Can Affect Your Case
In a personal injury action brought by an injured motorcyclist, the defendant may argue that the injured party's own negligence was actually the cause of his or her injuries. Generally, to establish that the injured party was negligent the defendant must prove that the injured party had a duty of some kind to operate his or her motorcycle in a safe and reasonable manner; that the injured party breached this duty in some way; and that the breach of duty was a proximate cause of the accident. If the defendant can prove all these elements and establish that the injured party was negligent, the injured party's recovery may be barred or reduced because of his or her contributory negligence.
In states that have enacted mandatory helmet laws, the statutes may provide only for criminal penalties. In addition, some of these statutes are silent as to the effect that a violation of the law has on the determination of whether a motorcyclist was negligent. In these states, it is not necessarily clear what the effect of a motorcyclist's failure to wear a helmet will have on the determination of his or her negligence.
As mentioned above, many states do not have laws that require motorcyclists to wear helmets. Some courts within these states have found the fact that an injured rider was not wearing a helmet is inadmissible in a personal injury suit.
Legal Challenges to Helmet Laws
Generally, mandatory helmet laws require that drivers and passengers of motorcycles wear a protective helmet or other headgear that has been approved by a state agency. Constitutional challenges to helmet laws in a number of states have had mixed results. Some courts have upheld these laws, finding that they are a legitimate use of the state's police power to promote the general health, safety and welfare of citizens. There is also limited authority, which provides that helmet laws are unconstitutional because they do not bear a substantial relationship to protecting the general public. Courts have held that helmet laws are not discriminatory against a particular class of people and do not violate the Constitution's Equal Protection Clause because a helmet requirement is a reasonable means to protect people on highways from the greater hazards caused by the increased risk to motorcyclists. Other courts have upheld helmet laws against arguments that they are unconstitutional burdens on interstate commerce, finding that any burden was incidental.
Individuals wishing to challenge the constitutionality of a mandatory helmet law bear the burden of proving that the law is unconstitutional. This can be a difficult task, particularly because there is a strong presumption of validity of statutes that govern safety issues.
Talk to a Lawyer
If you were injured in a motorcycle accident and you were not wearing a helmet, you may have questions about whether this will affect your chances to recover damages for your injuries from the person who hit you. Contact The Reinecke Law Firm in Serving All of Southern California, California, to schedule a consultation with a personal injury attorney who can evaluate your situation..
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