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.

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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Truck and Commercial Vehicle Accident Claims

Posted on September 22, 2011 by glmain

San Francisco | San Jose | Oakland | San Rafael, CA

The personal injury lawyers of Weber & Nierenberg represent motorcyclists and bicycle riders who have suffered serious injuries when struck by a truck or other commercial vehicle in the San Francisco Bay Area. Our understanding of the important differences between accident litigation involving commercial insurance and those cases involving private auto policies can make a significant difference in the outcome of a severe injury case.

In bike collisions with private passenger vehicles, the policy limits of the driver that hit you represent an important factor in the case’s resolution. In catastrophic injury accidents, an auto driver’s liability coverage limits of $50,000, $100,000 or even $200,000 will come nowhere close to what you need to cover a permanent disability, years of lost income or complex medical and rehabilitative treatment.

As a result, our attorneys can often reasonably expect to settle these cases at the policy limits once we establish the other driver’s liability and the extent of the accident victim’s injuries. We then pursue any and all other potential defendants to maximize the value of your overall financial recovery.

Commercial Vehicle Accidents Mean Commercial Insurance Coverage

When the driver who hit you is covered under a commercial vehicle or fleet liability policy, however, it is unrealistic to expect a prompt settlement at the policy limits. Coverage typically begins at $1 million per accident, with much larger policy limits common. What this means for the injured motorcyclist in practical terms is that the victim needs to prove every element of his or her loss in detail, often with expert support.

Unlike a severe injury case that would likely settle at low liability coverage limits, the claims adjusters and defense lawyers in a semi-truck or other commercial vehicle case have every incentive to demand strict proof of injury claims.

If you need $700,000, they will try to settle for $400,000. If you need $1.6 million, they will attack the evidence supporting the damages demand in an attempt to settle the case for $800,000. Truck accident litigation often develops into a contest between opposing teams of experts, with each side presenting a thoroughly reasoned analysis of its position.

Call a San Francisco Motorcycle Accident Attorney: 866-288-6010

Weber & Nierenberg has the experience and sophisticated approach to complex accident litigation necessary to give an injured motorcycle or bicycle rider a strong chance of recovering fair compensation for severe or disabling injuries. Our familiarity with the legal strategies used by commercial vehicle insurance defense lawyers represents an important advantage for our clients. Contact us at any of our four Bay Area locations to learn more about our experience with northern California truck and commercial vehicle litigation.

With offices in San Francisco, San Rafael, Oakland and San Jose, our attorneys represent clients throughout the East Bay, North Bay, South Bay and other northern California communities, including Sacramento, Napa, Santa Rosa, Berkeley, Richmond, Fremont, Hayward, Modesto, Stockton, San Mateo, Santa Cruz and Walnut Creek.

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