Motorcycle Accident Attorneys in Irvine: Can I Be Compensated if I Wasn’t Wearing a Helmet in My Motorcycle Accident?
Clear skies and open roads in Irvine often entice motorcyclists to take their bikes out on the road. In the event of an accident, can a rider recover compensation if they weren’t wearing a helmet?
Keep reading to find out about what California has to say about helmets and how not wearing a helmet can impact your personal injury claim after an accident.
Key Takeaways
- Motorcycle riders are more exposed than other motorists, leading to higher injury risks in an accident
- California enforces strict helmet use for all motorcyclists
- Not wearing a helmet in an accident doesn’t mean an injured motorcyclist can’t recover compensation, but it does reduce the amount
- The motorcycle accident attorneys in Irvine from BD&J have a combined 100 years of fighting for injured motorists and their families
California Laws on Helmet Use
Data from the last 5 years shows that Orange County has had over 1,000 motorcyclist fatalities and serious injuries in accidents. This is only a small fraction of the motorcyclist injuries and fatalities California sees annually.
When it comes to motorcyclist helmet use, California Vehicle Code 27803, all drivers and their passengers must wear a helmet when riding on:
- A motorcycle
- Motor-driven cycle
- Motorized bicycle
According to the California Highway Patrol (CHP), helmets used by motorcyclists must display a DOT emblem and meet Federal Motor Vehicle Safety Standard 218, which emphasizes the performance minimums a helmet must meet, such as size, penetration resistance from debris, clear field of visibility, etc.
Can I File a Claim After an Accident If I Wasn’t Wearing a Motorcycle Helmet?
Yes! While California mandates helmet use for all motorcyclists, does this mean you’re unable to recover compensation after an accident where you’re not wearing a helmet? Not at all.
You can file a claim after a motorcycle accident, if the accident that caused your injuries was caused by another party. Common examples of motorcycle accident causes include:
- A distracted driver
- Speeding drivers
- A driver who failed to yield
- Debris on the road from commercial vehicles
- Improper road designs or significant road issues like potholes that aren’t addressed by the local municipality
Comparative Negligence in California
California recognizes comparative negligence, which means that an injured person who had some fault for their accident or injuries could recover compensation. So, if your lack of a helmet and ensuing accident causes injuries like:
– Burns
– Lacerations
– Broken bones and fractures
You can still recover compensation. The compensation is simply reduced by the amount of fault you’re found to have.
So, if you recover $450,000 for a motorcycle accident, but are found to be 40% at fault for your injuries, you would receive $270,000.
What Kind of Compensation Can Motorcycle Accident Attorneys in Irvine Help Me Recover?
Working with the dedicated motorcycle accident attorneys in Irvine from BD&J can allow you to fight tirelessly for compensation from other responsible parties for your accident and injuries.
The compensation you can recover from a motorcycle accident can cover expenses like:
- Current and future medical expenses
- Vehicle repairs
- Loss of a motorcycle
- Physical rehabilitation
- Loss of wages
- Mental trauma
- Pain and suffering
- Decreased quality of life
- Punitive damages if the responsible party had committed similar violations in the past
Frequently Asked Questions
How Long Do I Have to File a Motorcycle Accident Claim?
You typically have 2 years from the date of your accident to file a claim.
However, if you’re filing a claim against the local municipality for road flaws having led to your accident or a similar event, you have 6 months from the date of the accident to file a claim against a local or state agency.
What if I Can’t Afford to Work with an Attorney?
Not a problem. BD&J works on a contingency fee basis, which allows us to advance case costs to clients and recover attorney fees after a case has been settled.
This means less financial stress for you, and no upfront fees* on our end.
Can I File a Claim on Behalf of a Loved One Who Passed Away from a Motorcycle Accident?
The loss of a loved one is unimaginable, but speaking with an Irvine wrongful death attorney can give you more information on filing a claim on behalf of a loved one.
If you’re a spouse, domestic partner, child, or in certain cases, a parent or sibling of the deceased, connect with the attorneys at BD&J now.
How Serious Are Motorcycle Accidents in Irvine?
Irvine sees a lot of commuter traffic, especially on the 405 highway, which is often seen as one of the busiest and most congested highways in the country. High traffic, large commercial vehicles, and the exposure motorcyclists face can lead to serious accidents on Irvine roads and highways.
What Are the Chances I Have a Motorcycle Accident in Irvine?
Considering that the National Highway Traffic Safety Administration (NHTSA) emphasizes the fatality rate for motorcyclists is 28 times higher than the fatality rate for passengers on a car per 100 miles traveled, it’s no secret there’s a higher risk of motorcycle accidents and injuries compared to other motorists.
What if the Other Driver Fled After an Accident?
Being involved in a hit-and-run accident can make you feel hopeless and overwhelmed. Speak with a BD&J motorcycle accident attorney in Irvine to learn about your legal options.
Who is the BD&J Law Firm?
With a combined 100 years of experience from our diligent attorneys, BD&J has fought tirelessly for the rights of motorcycle accident victims and their loved ones. We’ve recovered more than $3 billion* in compensation for our clients, and we’re ready to fight for you.
We also work on a contingency fee basis, which means we advance case costs to you and recover attorney fees from the compensation only after a case settles. This means no fees until we win*.
Are BD&J Attorneys Bilingual?
Yes, you can connect with attorneys who speak English, Spanish, Farsi, Hebrew, Russian, French, and Armenian.
How To Ride Defensively on a Motorcycle
Defensive riding tactics can make a huge difference when it comes to the active prevention of an accident. Consider the following defensive tips when on the road:
- Keep a distance. – Keeping a distance between you and other vehicles of about 4 seconds ensures you have space for sudden braking or merging.
- Be aware of your surroundings. – Remember, you’re more exposed than other motorists, so sometimes being hypervigilant of the road is necessary.
- Steer clear of blind spots. – Common blind spots around vehicles can include the area in front of the hood, behind the bumper, and outside their side mirrors.
- Keep your hands on the brakes. – It is better to anticipate and be prepared while riding your bike on the road, so keep your hands covering the brake levers of your motorcycle in case you have to brake unexpectedly.
While driving defensively can help prevent some accidents, careless or reckless driving from other parties can still impact you. This is where Irvine motorcycle accident attorneys can help.
Motorcycle Accident Law Firm Fighting for Riders Since 2007
Motorcycle accidents can lead to devastating injuries and seriously big expenses, and while you may feel that an absence of a helmet ends your chances of receiving compensation, this is not the case.
File a personal injury claim to hold other negligent drivers accountable. Motorcycle accident attorneys in Irvine from the BD&J team can help you get started.
Connect with the BD&J team in Irvine to get started on your accident claim!