Motorcycle Accident
Does It Really Matter if I Wear a Motorcycle Helmet or Not?
| December 23rd, 2024
Riding a motorcycle offers a thrilling sense of freedom, but it also comes with serious risks. One of the most critical safety measures you can take as a rider is wearing a helmet. Unfortunately, some motorcyclists still choose to ride without one despite the overwhelming evidence that helmets save lives and reduce the severity of injuries.
Discover the importance of helmets from a safety and legal standpoint and dispel common misconceptions that cause some riders to skip this essential protective gear.
Helmets: A Vital Safety Measure
The National Highway Traffic Safety Administration (NHTSA) has found that wearing a helmet reduces riders’ risk of dying in a motorcycle crash by 37%. Helmets also decrease the chance of sustaining a head injury by 69%.
Motorcycle accidents are dangerous due to motorcycles’ lack of protection compared to cars. In a crash, a rider is far more exposed to the elements and the road, making them 24 times more likely to suffer severe injury or death.
Motorcycle helmets absorb the impact of a crash and help protect the brain from traumatic injuries. Without this protection, riders are 3 to 4 times more likely to die or suffer life-threatening injuries like skull fractures, concussions, and traumatic brain injuries (TBIs).
California Helmet Laws: What You Need to Know
In an accident, wearing a helmet can be the difference between minor injuries and serious, long-term harm. However, in California, it’s not just about safety; it’s the law.
The state has a universal helmet law, meaning that all motorcycle riders and passengers, regardless of age or experience, must wear a helmet when riding. The law is strict and does not allow exceptions, making it one of the most comprehensive helmet laws in the country.
Legal and Financial Consequences of Not Wearing a Helmet
Failure to wear a helmet in California can have legal and financial consequences. Here’s a breakdown:
- Fines: Riders without helmets may face penalties of between $25 and $193, with amounts increasing with repeat violations. These costs can quickly add up, creating a financial burden for those who repeatedly ignore helmet laws.
- Increased Medical Costs: Not wearing a helmet can result in more severe injuries during an accident, leading to higher medical expenses. The lack of protection may require extended hospital stays, surgeries, or long-term rehabilitation.
- Insurance Issues: Insurance companies may reduce coverage or deny claims if a rider involved in an accident wasn’t wearing a helmet. This can leave the rider responsible for medical bills or repair costs that would otherwise be covered.
- Liability in Accidents: In personal injury cases, failing to wear a helmet could be seen as negligence. Under California’s pure comparative fault laws, this could result in a reduced settlement or compensation for injuries, as the rider’s actions contributed to the severity of the harm.
Debunking Common Myths About Helmet Use
Despite the clear benefits of wearing a helmet, some riders still avoid them based on common myths. To better protect yourself, explore the truth behind these misconceptions:
Myth 1: Helmets Reduce Visibility or Hearing
Fact: Helmets are designed to maintain riders’ complete peripheral vision, meeting federal safety standards. As for hearing, a well-fitted helmet can reduce wind noise, allowing riders to hear other sounds more clearly.
Myth 2: Helmets Cause Neck Injuries in a Crash
Fact: Studies have shown that helmets do not increase the risk of neck injuries. They are more likely to prevent severe neck injuries by absorbing impact and protecting the head and neck.
Myth 3: I’m a Safe Rider, So I Don’t Need a Helmet
Fact: Even the safest rider cannot control the actions of other drivers on the road. Accidents can happen anytime, and wearing a helmet is the best way to protect yourself in an unexpected crash.
Wear a Motorcycle Helmet on Every Ride—It’s Worth It!
Whether cruising down California’s scenic highways or moving through busy city streets, wearing a helmet is one of the most effective ways to protect yourself. Not only does it reduce the risk of life-threatening injuries, but it’s also required by law.
If you or a loved one has been involved in a motorcycle accident, consult a qualified California motorcycle accident lawyer at Berg Injury Lawyers, who can help you with the legal process and secure the compensation you deserve. Contact us today for a free consultation.
The Odds of Surviving a Motorcycle Accident
| February 24th, 2023
For many Californians, riding a motorcycle can be liberating. Unfortunately, that freedom can sometimes come at the price of safety since there is less protection between them, the road, and other drivers.
Statistics show that if you are a motorcyclist who is involved in an accident with another vehicle, you are more likely to suffer severe injury or death than the passengers in the other vehicle. The question is: how much more?
The odds of surviving a motorcycle crash are hard to pinpoint since they depend on many factors such as speed, road conditions, the number and type of vehicles involved, the manner of collision, and the safety gear worn by the riders.
However, National Highway Transportation Safety Administration (NHTSA) data shows that the odds of surviving a motorcycle accident nationwide range from 90-95 percent.
Motorcycle Fatalities Compared to Passenger Car Fatalities
While these seem like good odds, motorcycle fatalities are still relatively high compared with car accident fatalities. For instance, according to the NHTSA, in 2020, there were 5,579 motorcyclists killed, which accounted for 14 percent of all crash fatalities in the U.S. that year.
This means that in that same year, a motorcyclist was 28 times more likely to die and 4 times more likely to be injured in a crash than a passenger in a car.
What Are the Odds of an Injury on a Motorcycle?
Although the survival rate in a motorcycle crash is high, it doesn’t account for any injuries, which can often be quite severe. In fact, based on NHTSA data, only 1 in 4 motorcyclists walk away from an accident unscathed. In other words, about 80% of motorcycle-involved accidents result in some form of injury and most of those injured were on a motorcycle. Compare that with car accidents, in which 80% of those involved walk away without injury.
What You Can Expect When Injured in a Motorcycle Accident
If you’re ever involved in an accident in California, the first step is always to seek immediate medical attention. Once everyone at the scene is safe, the next step is to call the police to fill out an accident report and collect the contact information of everyone involved. It’s also a good idea to take photos with your phone of any injuries and/or damage to the vehicles involved before anything is moved. Also, keep careful records of all your medical and motorcycle repair expenses.
No matter the circumstances, never speak with the insurance companies or sign any documents without legal representation. Insurance companies, including your own, are looking out for their bottom line and will do whatever it takes to place the blame on you or pressure you to accept an offer that is lower than you deserve.
Therefore, it’s crucial to find the right motorcycle injury lawyer in Sacramento who understands the complex laws and circumstances related to motorcycle riding in California. They will have the expertise to build a strong case, find all the parties at fault, and negotiate a fair and comprehensive settlement with the insurance companies.
Tips to Avoid or Survive a Motorcycle Accident
While we never want or expect to be involved in a motorcycle accident, it can happen to the best of us. Therefore, if you want to be as safe as possible while riding on a motorcycle, here are some tips to protect yourself:
Wear a Helmet
While it’s good to be protected from head to toe, the #1 best line of defense is to wear a helmet.
In California, it’s the law for all motorcycle riders to always wear a helmet. Wearing a helmet can help prevent serious head injury by 69 percent and death by 37 percent. When shopping for a standard-grade helmet, make sure that it has a DOT-approved safety rating and fits your head correctly.
While a few states are more lenient with their helmet laws, wearing one can save your life and even lower your insurance premiums. On the contrary, if it is found that not wearing a helmet contributed to your injuries, you may recover a smaller settlement award.
Take a Motorcycle Safety Course
Riding a motorcycle safely takes more skill, knowledge and practice than driving a car. In fact, riders who have never taken a safety course are at 30 times greater risk of being involved in an accident. The only way to gain knowledge without experience is through a safety course.
Some states require a safety course to get a motorcycle license; however, even if it’s not required, it’s a good idea to take one to learn about the specific laws and realities that motorcyclists may face on the road. Not only that, taking a course may result in a discount on insurance.
Make Safe Choices
Although you can never be 100 percent protected from factors outside of your control, making safer choices and following laws can reduce the risk of the most serious result. Here are some small things that can have a big impact:
Slow Down: Speeding is one of the leading causes of vehicle accidents. By reducing your speed on the road, you give yourself more time to react and brake as well as increase your visibility and reduce the force of impact in the event of a collision.
Perform Regular Bike Checks: Before every ride, check your tire pressure, brakes, and fluid levels and look around for any leaks or problems. Always stay up to date on routine vehicle maintenance.
Stay alert: Above all, it’s a good idea to stay off the roads when bad weather is predicted or when you’re under the influence of any drugs or alcohol. These precautions will help you to be better prepared in case of emergency.
How a Sacramento Motorcycle Injury Lawyer Can Help
No matter how safe you are, accidents still happen as the result of other drivers’ bad decisions or other unforeseen circumstances.
If you have been injured in a motorcycle accident at no fault of your own in the Sacramento area, our motorcycle injury lawyers at Berg Injury Lawyers are here to help. In fact, for more than 40 years, we have been the motorcycle injury lawyers Sacramento residents have come to depend on, and insurance companies have come to know and fear.
With our No Fee Guarantee®, if you don’t win, you pay nothing. Contact us today!
What Is the Difference Between a California M1 and M2 License?
| January 18th, 2023
This blog was originally published on May 11, 2020.
You’ve made up your mind: you want a motorcycle. California’s scenic roads and highways are calling your name! Once you purchase or borrow a motorcycle and (hopefully) a helmet, all that’s left to do is to start up your bike and take off, right?
Not so fast, rider. Before you get on that chopper, you’ll first need to get a special license to legally ride a motorcycle in our state. An M1 or M2 license is a requirement for motorcyclists in California. If you want to ride a motorcycle and are interested in learning which license is best for you, we have you covered.
What Is an M1 License in California?
When you have an M1 license in California, you can legally operate any two- or three-wheeled vehicle equipped with a motor and no pedals, such as motorcycles and sit-down scooters, as well as any motorized vehicle in Class M2, which includes mopeds and motorized bicycles.
What Is an M2 License in California?
When you have an M2 license in California, you can legally operate motorized bicycles, mopeds, and any bicycle with an attached motor, as long as they go no faster than 30 MPH on level ground and are equipped with fully operational pedals. You cannot legally drive a motorcycle or any two- or three-wheeled vehicle without operational pedals with an M2 license.
Which License Do You Need to Operate a Motorized Scooter in California?
If you want to legally operate a motorized scooter, you only need a standard driver license and not an M1 or M2 license. California defines a motorized scooter as a “two-wheeled ‘device’ powered by a motor with a floorboard that is designed to stand on when riding.” Sit-down scooters do not fall into this category.
Should You Apply for an M1 or an M2 License?
An M1 license will cover many bases, so most applicants will likely be best served by applying for it. If you only have need to ride a motorized bicycle, then an M2 license might be enough. As of January 1, 2020, California no longer requires an M2 license for mopeds.
How to Get an M1 License
If you’re over 18, you’ll need to take a vision, knowledge, and driving test. However, if you complete a motorcycle basic rider course, you can have the driving test requirement waived. If you’re under 18, you’ll be required to pass vision and knowledge tests. You’ll also need to complete a motorcycle basic rider course approved by the California Highway Patrol. Lastly, you’ll be asked to provide a Certificate of Completion of Motorcycle Training. The steps provided by the State of California Department of Motor Vehicles are as follows:
- Complete a driver license or ID card application.
- Pay the application fee.
- Pass a vision test and a knowledge test.
- Give a thumb print.
- Have your picture taken.
If you’d like to know what to expect on the knowledge test, the California DMV provides a practice exam. Once you take the real deal, you’ll have three chances to pass it. To study up, check out California’s Motorcycle Guide. Find your local DMV office to identify the office you’ll need to visit to get your license.
If you don’t already have a California driver license, you’ll be required to take a few extra steps in addition to the ones listed above. You’ll be asked to present an identity document or a residency document if you’ve never had a driver license or ID card in California. Just like you would with any other driver license, you’ll also provide your Social Security Number and full legal name.
What Else Do You Need to Legally Operate a Motorcycle in California?
In addition to obtaining an M1 license, you’ll need to buy insurance. Like all motorists, motorcycle operators are legally required to carry liability insurance in the event of a crash. Your policy will be specific to your motorcycle, as your existing auto insurance policy for other vehicles won’t automatically include coverage for your motorcycle.
California’s required motorcycle insurance coverage is known as “15/30/5 coverage.” This means you’ll need $15,000 worth of coverage for injuries suffered by another person, $30,000 of coverage for injuries to all others involved in the accident, and $5,000 of coverage for property damage caused by a collision.
You can learn more about riding a motorcycle in California by checking out the following resources:
- What to Do Before, During, and After Riding a Motorcycle
- What Is California’s Lane-Splitting Law in 2021?
- The Leading Causes of Motorcycle Crashes in California
If You Need Help After a Motorcycle Accident in California, Call Us Today
Berg Injury Lawyers handles motorcycle accident cases across Northern California. Our San Francisco personal injury lawyers have years of experience dealing with insurance companies on our clients’ behalf, and having an attorney can make a huge difference in the amount of money you’re offered after a crash.
Motorcyclists face a stigma that can affect the amount offered to them by insurance companies. It’s unfair, but it doesn’t need to be that way. When you work with Berg Injury Lawyers, we make sure you’re treated fairly by insurance companies. If you’ve been involved in a crash, call the Northern California motorcycle accident attorneys at Berg Injury Lawyers. We offer free consultations, and you’ll never see a bill from us unless we win your case.
Motorcycle Wreck? Don’t Let the Insurance Company’s Bias Cost You.
| January 6th, 2020
There are many reasons to ride a motorcycle over driving a car or truck. They’re easier to park, are extremely fuel efficient, and they have excellent acceleration and handling. But all those perks come at a huge cost: safety. Motorcycles have no safety features to protect riders, and even the most well-equipped riders can still suffer serious injuries during accidents. In fact, nearly 80% of motorcycle accidents result in injuries, and 4% are fatal. The injuries associated with motorcycle accidents are painful, debilitating, and often disabling. Victims may need expensive medical treatments, and they may be unable to work for long periods of time. Getting compensation is a big priority for motorcycle accident victims, but insurance companies don’t often cooperate. That’s because insurers and their adjusters are typically biased against motorcyclists, and they often approach motorcycle accident claims believing that the riders were responsible. At Berg Injury Lawyers, we know that injured victims face enough hurdles already when trying to get compensation for accidents that weren’t their fault. If you or someone you love was hurt in a motorcycle crash, the last thing you need is to deal with is an insurance company that has already made its mind up about who caused the accident. Get in touch with our California motorcycle accident lawyers. We’ll investigate the crash, collect evidence that proves you weren’t at fault, and negotiate to get you paid fairly and on time. Contact us today for a free consultation. We’re ready to put our experience to work for you.We Protect Injured Motorcyclists’ Rights
| October 14th, 2019
Riding a motorcycle has several advantages over driving a passenger vehicle. First, motorcycles are far quicker and more agile than most cars, trucks, and SUVs. They’re also extremely fuel efficient and easy to maintain. But they have one big drawback as well: the risk they pose to riders. Put simply, motorcycles are unsafe during crashes. Around 31 percent of automobile crashes result in injuries, but only 0.29 percent result in fatalities. However, nearly 80 percent of motorcycle crashes result in injuries, and 4.24 percent result in fatalities. The chances of being seriously injured in a motorcycle accident are high, and when it happens, it’s important to have experienced legal representation on your side. Motorcycle accidents are often extremely expensive to recover from, and victims often feel the financial repercussions for years. They may need expensive medical treatments both upfront and well into the future, and they may be too hurt to go back to work for long periods of time. To make matters worse, insurance companies are often skeptical of motorcycle accident injury claims. Their bias means they frequently view motorcyclists as being at fault for their own crashes, even when evidence suggests otherwise. If you or someone you love was hurt in a motorcycle accident, it’s vital to have an experienced California motorcycle accident attorney working in your corner. At Berg Injury Lawyers, our legal team knows the challenges that motorcyclists face after crashes, and we do everything we can to help them get maximum compensation. Contact us today. We have years of experience helping injured riders just like you, and we know what it takes to win.3 Tips for Driving Safely Near Motorcycles
| May 15th, 2019
Motorcyclists are some of the most vulnerable travelers on the road. Because motorcycles lack safety features, motorcyclists face more inherent risks than drivers and passengers in other vehicles, and their helmets and riding gear can only protect them so much during crashes. Next time you’re on California’s roadways, be alert and aware of any motorcyclists riding near you, and keep these three tips in mind to reduce your risk of being involved in an accident:-
- Give motorcycles plenty of space. Don’t follow motorcycles too closely. In the event of an emergency, both you and the motorcyclist in front of you will need plenty of space to stop.
- Check your blind spots before merging or changing lanes. Motorcycles are smaller than other vehicles, and they can sometimes be hard to see. Look twice before moving over.
- Use traffic signals when merging. Give motorcyclists fair warning when you plan on changing lanes to avoid a collision.
Motorcycle Accident Attorneys Serving the Bay Area
If you or someone you love was harmed in a motorcycle accident, the California motorcycle accident attorneys at Berg Injury Lawyers are here for you. We have more than 40 years of experience helping injury victims throughout California, and we have the knowledge and experience to build a strong claim on your behalf. Contact us today to get started with a free case review.3 Reasons to Get a Lawyer After a Motorcycle Accident
| April 29th, 2019
If you were recently injured in a motorcycle accident, you may be too hurt to go back to work. And when you’re not working, you’re not earning the paychecks your family depends on. That can make it difficult to pay for your day-to-day living expenses, let alone your expensive medical bills. To make matters worse, the injuries associated with motorcycle accidents are often painful and debilitating. Your priority right now is trying to get better—but you know you need help with your injury-related expenses. That’s where we come in. At Berg Injury Lawyers, our California motorcycle accident attorneys are here to help you in three important ways:- We’ll collect evidence to determine who was at fault—Insurance companies are often biased against motorcycle accident victims. But even the most biased adjusters can’t argue with cold, hard evidence—and that’s what we’ll collect when we build your claim.
- We’ll calculate how much money you’re owed—Because motorcycle accident injuries can be life-threatening, the medical treatments you need may be expensive. In addition, you may be out of work for weeks, months, or even years. Let us calculate exactly how much money you deserve.
- We’ll negotiate to get you fair compensation—After we’ve established the accident wasn’t your fault and how much money your claim is worth, we’ll negotiate with the insurance company to get you paid. And if the insurance company won’t cooperate, we won’t hesitate to take your case to trial.
Motorcyclists Face Higher Injury Risks
| March 6th, 2019
At Berg Injury Lawyers, we know that most motorcyclists throughout California are committed to safe riding practices and wearing full gear all the time. Unfortunately, those safety precautions are no match for other motorists’ negligence. Whether they drift into motorcyclists’ lanes or simply fail to look out for motorcyclists, a driver’s careless mistake can result in life-or-death situations for motorcyclists. Because riders don’t have the outer protection of a vehicle, they face a greater risk of suffering severe injuries if involved in a crash. In fact, recent data from the National Highway Traffic Safety Administration states that motorcyclists are 27 times more likely to be killed and 6 times more likely to suffer injuries than those traveling in passenger vehicles.How You Can Reduce Your Risks
The California motorcycle accident attorneys at Berg Injury Lawyers have seen the devastating effects of motorcycle accidents, and it’s our goal to help injured motorcyclists get maximum compensation after crashes that weren’t their fault. We also want to educate them on how they can protect themselves and reduce their risks of injury. Whether you’re cruising around town or riding a longer distance, it’s important to wear all the proper safety gear, including:- A DOT-approved or Snell-certified helmet
- Padded riding pants and jackets
- Over-the-ankle riding boots
- Gloves
We Serve Injured Motorcyclists in California
At Berg Injury Lawyers, we know that even the safest, most experienced motorcyclists are vulnerable when other drivers are negligent. If you were hurt in a motorcycle accident in California through no fault of your own, the motorcycle accident attorneys at Berg Injury Lawyers want to help. Contact us now for a free case review.Wear the Right Gear to Stay Safe on Your Motorcycle.
| August 28th, 2017
It’s always motorcycle weather in the Bay Area, and there’s nothing quite like cruising around the city or along the California coast on two wheels. Whether you ride for pleasure or as your primary method of transportation, safety should always be your top priority. As a motorcyclist, you lack the protection that drivers and passengers in cars, trucks, and SUVs have when they’re involved in collisions. That means it’s up to you to protect yourself in the event of an accident. The best way to reduce your risk of suffering serious and life-threatening injuries is to wear the proper safety gear. At Berg Injury Lawyers, our California motorcycle accident lawyers know that riders are safest when they wear:- Approved and certified helmets – Make sure your helmet is full face and approved by DOT or ECE 22.05-certified.
- Riding jackets and pants – Jeans and traditional leather jackets don’t offer enough protection against the open road. Padded riding gear helps reduce your risk of injuries.
- Boots that cover your ankles – Motorcycle boots are designed to protect your toes, feet, and ankles in the event of a crash.
- Gloves – If you’re thrown from your motorcycle, your hands may be the first part of your body to contact the ground. Keep them safe with high-quality, thick, and padded gloves.
Proving Fault in a San Francisco Motorcycle Accident
| June 12th, 2017
Motorcycle accidents are different from other types of accidents. In our experience, it can be harder to prove exactly what took place before the accident, leaving the motorcyclist in a potentially vulnerable situation. That situation is made even worse if the victim decides to deal with the insurance company on their own. If the accident report is hazy as to who is at fault, the insurance company may use it as an excuse to pay little to nothing for the motorcyclist’s injuries. That’s why calling an experienced San Francisco motorcycle accident attorney is so important. Getting what is fair for your motorcycle accident can be extremely difficult on your own. You’ve just been in a traumatic and life-altering motor vehicle wreck. You have a long physical recovery ahead of you, which you need to focus on. Let an attorney handle the insurance company on your behalf so you can deal with what’s most important: getting better. If you’ve been in a motorcycle accident, call Berg Injury Lawyers today for a free consultation. We have years of experience helping motorcycle victims in San Francisco get the compensation they deserve, and we’re ready to do the same for you. Contact us today.
