California Motorcycle Law

CALIFORNIA*

California motorcyclists are protected under California motorcycle law that makes negligent drivers responsible and liable to California motorcyclists. A biker who is involved in a California motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of California

If you sustained an injury due to a California motorcycle accident and you haven’t contacted a lawyer about your California motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area. As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation.

Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.  

1-877-Biker-Law (1-877-245-3752).

 California is an At-Fault state: This means that the law of negligence governs California motorcycle and California motor vehicle accidents. The person who is found to be “at fault” for the California motorcycle accident can be held accountable for your injuries and damages resulting from your California motorcycle accident. California uses the system of “comparative negligence”, which means even if you are a percentage at-fault for the California motorcycle accident, this does not bar you from recovery against the other driver for the percentage they were at-fault.

Definitions of California Motorcycle: Please refer to following statute.

West's Ann.Cal.Vehicle Code § 400
§ 400. Motorcycle

(a) A “motorcycle” is any motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and weighing less than 1,500 pounds.

(b) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).

(c) A motor vehicle that is electrically powered, has a maximum speed of 45 miles per hour, and weighs less than 2,500 pounds, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (a).

(d) A farm tractor is not a motorcycle.

(e) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (a), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.

 California Helmet Law: If you are riding on or operating a California motorcycle, you are required by law to wear a helmet at all times.

 West's Ann.Cal.Vehicle Code § 27803
§ 27803. Safety helmets; required use by drivers and passengers on motorcycles, motor-driven cycles or motorized bicycles; legislative intent

(a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.

(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).

(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).

(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.

(e) For the purposes of this section, “wear a safety helmet” or “wearing a safety helmet” means having a safety helmet meeting the requirements of Section 27802 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement.

(g) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle.

West's Ann.Cal.Vehicle Code § 27802
§ 27802. Safety helmets; specifications and standards; motorcyclists and motorized bicyclists

(a) The department may adopt reasonable regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles as it determines are necessary for the safety of those drivers and passengers. The regulations shall include, but are not limited to, the requirements imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include compliance with that federal standard by incorporation of its requirements by reference. Each helmet sold or offered for sale for use by drivers and passengers of motorcycles and motorized bicycles shall be conspicuously labeled in accordance with the federal standard which shall constitute the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards.

(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which is not of a type meeting requirements established by the department.
 California Eye Protection Law: If you are riding on or operating a California motorcycle, you are NOT required by law to wear eye protection.
 California Motorcycle Insurance: The minimum insurance required for your California motorcycle is Compulsory Liability insurance. It is required that you have insurance for your California motorcycle. The minimum limits required for insuring your California motorcycle are 15/30/5.
“A driver who is involved in a [California motorcycle accident] and fails to prove existence of financial responsibility at the time of the [California motorcycle accident] may have their driver’s license suspended for 1 years time.”
• Bodily Injury Liability (1 Person): $15,000
• Bodily Injury Liability (All Persons, 1 Accident): $30,000
• Property Damage Liability: $5,000
California Uninsured Motorist Coverage: If you are injured in a California motorcycle accident, and wish to commence suit, carrying UIM coverage may protect you if you are involved in a California motorcycle accident with an at-fault driver who has inadequate or no insurance to cover your claims.
Uninsured Motorist: If you are injured in a California motorcycle accident by an at-fault driver who NO insurance to cover your claims, UIM may protect you in this situation.
Underinsured Motorist: If you are injured in a California motorcycle accident by an at-fault driver who has INADEQUATE insurance to cover your claims, UIM may protect you in this situation.
 California Statute of Limitations: If you wish to commence suit as a result of your California motorcycle accident, you must do so within 2 years from the date of your California motorcycle accident.

*Note that prior to 2003, there was a 1 year statute of limitations on personal injury claims in California, which includes injuries as a result of a California motorcycle accident. It has since been amended to 2 years.

West's Ann.Cal.C.C.P. §335.1
§335.1 Two years; actions for assault, battery, or injury to, or for death of, individual caused by wrongful act or neglect

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

***Law portion of site in progress. California motorcycle law regarding California motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.