When you've been injured in a motorcycle accident, you want an experienced lawyer to help you get full and fair compensation for your injuries. When you are involved in an accident while riding a motorcycle, even at low speeds with all available safety gear, the injuries sustained can still be serious. As a bicyclist in northern California, you have as much right to the road as any motor vehicle, including cars, trucks, buses, delivery vans and light rails. If you have been injured on a motorcycle because another motorist made a left turn into your path, you want an experienced motorcycle injury lawyer to help you get full and fair compensation for your losses. Under California law, a driver may not change lanes on any road unless the lane change can be completed with reasonable safety, and only after giving an appropriate signal to other drivers. When you’re on a motorcycle, any defect or irregularity in the roadway can put you at risk for serious injury. When you have suffered physical injury or property loss while riding a motorcycle in California, you generally look to the other driver’s insurance company to seek recovery for your losses. You want an experienced lawyer to help you gain full and fair compensation for your losses as a result of other drivers failing to obey traffic signals. We provide comprehensive results-based counsel to individuals who have suffered injury while riding a bicycle. We are Fully Prepared to Aggressively Represent You.

Pedestrian Knockdown Accidents in the Bay Area

Posted on May 14, 2012 by glmain

Contact an Attorney Skilled at Holding Negligent Drivers Accountable

Pedestrians and bikers injured in auto accidents are at risk of serious injury because they lack the protections that are built into cars and trucks. When the accident victim is knocked down, additional injuries can occur upon impact with pavement and other hard surfaces.

If you or a loved one has been injured in a pedestrian knockdown accident, contact the lawyers of Weber & Nierenberg.

We have the skills, knowledge and resources needed to take on insurance companies and hold negligent drivers accountable for serious injuries. Has a pedestrian knockdown accident led to:

  • Head trauma?
  • Spinal cord injuries?
  • An amputation?
  • Another serious injury or wrongful death?

With decades of combined experience, we can assess serious and catastrophic injuries while working with road mark analysts, accident reconstructionists and other experts to build a strongest-possible case.

Committed to Pursuing Your Maximum Compensation Following a Bike or Pedestrian Accidents

Biker and pedestrian knockdown accident can involve complex legal issues. For instance, was the vehicle driver clocked in for a job? Did the driver flee? Were there witnesses? And did the driver work for a government agency?

At Weber & Nierenberg we work with neurologists and other medical experts to assess and demonstrate brain injuries and other injuries as appropriate following knockdown accidents. Our track record in cases involving pedestrians, bikers, motorcyclists and others injured in walkways and on two-wheeled transportation include numerous seven-figure results. For more information regarding your rights following a pedestrian knockdown accident or any other motor vehicle accident, browse the State Bar of California website or contact the San Francisco attorneys of Weber & Nierenberg by calling 1-866-288-6010.

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California Motorcycle Helmet Laws

Posted on November 18, 2011 by glmain

San Francisco Bay Area Motorcycle Accident Attorneys

Under California Vehicle Code, Division 12, Chapter 5, Article 7, Section 27803, motorcycle drivers and their passengers are required to wear helmets. According to California state law,

“(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).”

While the law if fairly straightforward in what it requires, bikers may initially think wearing some kind of helmet complies with the law. However, Section 27803 goes on to specify what kind of helmet complies with the law:

“(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.”

The Consequences for not Complying with California’s Helmet Law

While the fine and penalties listed under Section 40303.5 (a $10 fine and promise to correct the violation) may seem inconsequential, if a California Highway Patrol (CHP) officer cites a biker for a violation of CVC 27803 (a violation that constitutes “an immediate safety hazard”), the fine increases to $250. Some motorcycle riders may still think this is inconsequential. So, is there no real “teeth” to California’s helmet law?

Violating California’s Helmet Law and Motorcycle Accidents

The real issues bikers – and car drivers involved in an accident with them – need to consider is what a violation of the helmet law means in motorcycle accident cases. Since motorcycle riders riding without a helmet or a helmet that does not meet the requirements of the law are more susceptible to brain injuries, severe concussions, skull fractures, and brain damage in an accident, what are the consequences for not complying with the helmet law?

Pure Comparative Negligence and Motorcycle Accidents

While failure to comply with California’s helmet law will not by itself bar an injured biker from recovering damages from injuries sustained in an accident, it may play a role in how the judge or jury apportions an award in a case. Since California is a pure comparative negligence state, a judge or jury can apportion a personal injury award based on the degree of fault assigned to a party. Here, the amount an injured person can receive is a function of the percentage of fault assigned to them.

For example, if you suffered $100,000 in losses but are founded to be 80% at fault, you can only recover $20,000. Now, if you’re a motorcycle rider and sustain serious head trauma as a result of not wearing a helmet, you may find your losses far exceed what you’re eligible to recover if you were partially at fault in a motorcycle accident. Likewise, if you were the driver of a car that hit a motorcycle, your insurer will be interested in determining who was at fault – particularly if the biker wasn’t wearing a helmet.

Contact San Francisco Motorcycle Accident Attorneys at Weber & Nierenberg

Not wearing a helmet could play a factor in assigning negligence to you, especially if your vision was diminished due to rain, bugs, or something else that wouldn’t affected you had you been wearing a helmet. To learn more about California’s helmet laws and how we can help you if you’ve been involved in a motorcycle accident, contact San Francisco motorcycle accident attorneys at Weber & Nierenberg.

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Distracted Driver Fines Double in California

Posted on November 1, 2011 by glmain

San Francisco Bay Area Car Accident Attorneys

The state Senate and House recently approved a proposal sponsored by Sen. Joe Simitian to double fines for distracted driving violations. Under SB 28, fines for using a handheld cell phone or texting while driving will increase to $50 for a first offense and $100 thereafter. A point will also be assessed against a driver’s license on second and repeat offenses. After court costs are figured into the equation, a first offense for talking on a cell phone or texting is $310 while repeat offenders can expect to pay $528.

Commercial truck drivers are also affected by SB 28. As of July 2011, truck drivers can no longer us “push – to – talk” cell phones that use wireless technology. In order to comply with the law, truck drivers will need to use accessories that allow for “hands – free” use of a cell phone.

Distracted Driver Laws in California – What’s Prohibited?

Under current California state law, the following prohibitions are in place regarding the use of a cell phone or texting while driving:

• Unless they have hands – free accessories, drivers under the age of 18 are prohibited from using wireless phones while driving
• School bus drivers and transit bus drivers are prohibited from using or talking on cell phones while driving
• Drivers over the age of 18 are prohibited from using cell phones while driving (unless they use hands – free accessories)
• Drivers are prohibited from using a wireless device to transmit, write, or read a text message

Car Accidents, Serious Injuries, and Cell Phone / Texting

Despite legislation prohibiting the use of a cell phone or texting while driving, it doesn’t appear Californians are going to change their behavior any time soon. While Sen. Simitian claims California Highway Patrol data indicates a 40 percent to 50 percent drop in accidents involving cell phone use, many believe the fines and penalties are not enough to dissuade drivers from talking or texting on cell phones while driving.

As a result, car accidents involving drivers on cell phones are likely to continue. Fortunately, however, it’s easy enough to check a negligent driver’s cell phone use to determine if he or she was texting or talking on a cell phone at the time of an accident. This is especially important since it is more difficult for an insurer to dispute fault on the part of their insured when it’s clear he or she was on a cell phone at the time of an accident.

Contact San Francisco Bay Area Distracted Driver Attorneys

If you’ve been injured in a car, bicycle, motorcycle, pedestrian knockdown, or truck accident, don’t assume a cell phone wasn’t involved. If the driver that hit you was talking on a cell phone, you can bet he or she won’t admit it. At Weber & Nierenberg, we have the investigative resources needed to expose negligent distracted drivers. To schedule an appointment and discuss your case, contact San Francisco personal injury attorneys Weber & Nierenberg today.

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