Search This Blog

Thursday, February 18, 2010

California Laws Related to Motorcycles


I am often asked, are there laws specifically related to motorcycle riders in California. The answer is yes and here are a summary of a few of the more pertinent ones:

§ 400. "Motorcycle"(a) A "motorcycle" is a 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.(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 farm tractor is not a motorcycle.(d) 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.

§ 12500. Unlawful to drive unless licensed(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.(b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (h) of Section 12804.9.

§ 20003. Duty upon injury or death(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident.

§ 21712. Riding in portion of vehicle not intended for passengers; Improper towing
(h) A person shall not knowingly drive a motor vehicle that is towing a person riding upon a motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, skis, or toy vehicle

§ 21801. Yielding right-of-way by driver making left turn or U-turn(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.(b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.
[This is pertinent to all motor vehicles but, it is a very common scenario with motorcyclists to be traveling straight through an intersection and have another vehicle turn left in front of them. This is negligence per se on the part of the driver making the left hand turn].

§ 22350. Basic speed lawNo person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
[Again, a general vehicle code applicable to all vehicles, including motorcycles.]

§ 22502. Curb parking(a) Except as otherwise provided in this chapter every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within 18 inches of the right-hand curb, except that motorcycles shall be parked with at least one wheel or fender touching the right-hand curb. Where no curbs or barriers bound any two-way roadway, right-hand parallel parking is required unless otherwise indicated.

§ 24014. Motorcycle sales; Required price information(a) No dealer shall sell, offer for sale, or display, any new, assembled motorcycle on its premises, unless there is securely attached to its handlebar a label, approved by the Department of Motor Vehicles, furnished by the manufacturer, on which the manufacturer shall clearly indicate the following: (1) The recommended retail price of the motorcycle. (2) The recommended price for each accessory or item of optional equipment physically attached to the motorcycle at the time of its delivery to the dealer.(b) The dealer shall clearly indicate on the label, furnished by the manufacturer, the following: (1) The amount charged, if any, over and above the suggested retail price for transportation to the dealership. (2) The amount charged, if any, for the assembly, preparation, or both, of the motorcycle. (3) The amount charged, if any, for each dealer added accessory or item of optional equipment. (4) The total recommended retail price of the vehicle which shall be the aggregate value of paragraphs (1) and (2) of subdivision (a) and paragraphs (1), (2) and (3) of subdivision (b).

§ 24250. Use of lights during darknessDuring darkness, a vehicle shall be equipped with lighted lighting equipment as required for the vehicle by this chapter. Provisions of former Motor Vehicle Act § 13 subd f applied to motorcycles, and by such act legislature intended that motorcycles should carry at least one lighted lamp giving light of the same power and so distributed as in case of automobile lamps. Pope v. Halpern (1924) 193 Cal 168, 223 P 470, 1924 Cal LEXIS 293.

§ 24253. Taillamps that remain lighted (b) All motorcycles manufactured and first registered after January 1, 1971, shall be equipped so all taillamps, when turned on, will remain lighted automatically for a period of at least one-quarter hour if the engine stops.

§ 25650. Headlights on motorcyclesEvery motorcycle during darkness shall be equipped with at least one and not more than two lighted headlamps which shall conform to the requirements and limitations of this division.

§ 27201. Pre-1970 motorcycle limitFor the purposes of Section 27200, the noise limit of 92 dbA shall apply to any motorcycle manufactured before 1970.

§ 27800. Passengers; Equipment and usageIt is unlawful for a driver of a motorcycle or a motorized bicycle to carry any other person thereon, except on a seat securely fastened to the machine at the rear of the driver and provided with footrests, or in a sidecar attached to a motorcycle and designed for the purpose of carrying a passenger. Every passenger on a motorcycle or a motorized bicycle shall keep his feet on the footrests while such vehicle is in motion.

§ 27801. Required position of equipmentA person shall not drive a two-wheel motorcycle that is equipped with either of the following: (a) A seat so positioned that the driver, when sitting astride the seat, cannot reach the ground with his or her feet. (b) Handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat.

§ 27803. Safety helmet requirement(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.(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.(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.

§ 38305. Basic speed lawNo person shall drive an off-highway motor vehicle at a speed greater than is reasonable or prudent and in no event at a speed which endangers the safety of other persons or property.

§ 38505. Safety helmet requirementNo person, on and after January 1, 1989, shall operate, ride, or be otherwise propelled on an all-terrain vehicle on public lands unless the person wears a safety helmet meeting requirements established for motorcycles and motorized bicycles, pursuant to Section 27802.

Wednesday, February 17, 2010

Motorcycle Accidents in Los Angeles

As we head into the spring, it is time to get up and ride! Live to ride and ride to live! But, we need to be cautious when out on the road. The main problem I see as a motorcycle rider myself and as a Los Angeles and Southern California personal injury and accident attorney is, quite simply, one thing: People driving cars, trucks, semis and SUVs just don't see us. We are too small and they are looking for two headlights spread apart, not one. With this in mind, what should you do to be more safe? First, always wear protective gear and highly visible clothing (orange vests are a plus). Second, don't drive without your headlights on. Third, drive defensively! You must assume that all other vehicles are not looking out for you and you need to look out for yourself. Don't drive in another car's blind spot! These are all things we should keep in mind.

If you or someone you know has been in an motorcycle accident involving a lane change, left hand turn at an intersection or any of the other common scenarios related to motorcycle accidents due to people not being observant and seeing the motorcyclist, then you need to get an expert on your side! Call us @ 1-866-229-0101 or visit us on the web at www.victimslawyer.com

Monday, February 1, 2010

Motorcycle Accident Cases In Southern California

http://www.youtube.com/watch?v=QcW4wXVqjGA&feature=player_embedded

As seen on this video, even the stars, like Brad Pitt, aren't immune to laying down their motorcycles in a crash.

As a Los Angeles and Southern California accident and injury attorney, I have seen many types of crashes where my clients had to lay their bike down due to the negligent operation from another driver causing them to swerve or go out of control. This can involve persons disobeying traffic signals (running red lights or stop signs), making an unsafe lane change either on a Los Angeles surface street or freeway because they just fail to see a motorcyclist in the adjacent lane, left hand turns made in front of a motorcyclist going straight, and many other common scenarios.

If you or someone you know has been injured in a motorcycle accident in Los Angeles, Ventura, San Bernardino, Riverside, Orange or San Diego County, call us to see what can be done to help that person recover the costs of repairing or replacing their motorcycle, paying for present and future medical bills, and compensating them for any pain and suffering associated with the motorcycle crash.