Archives for February 2020

The Importance of Having Motorcycle Insurance in California

How Proposition 213 Affects Your Right to Compensation After an Injury

The Importance of Having Motorcycle Insurance in CaliforniaIn California, as in other states, all motorists (including motorcycle operators) must carry a minimum amount of insurance. Nonetheless, many drivers, including bikers, either fail to obtain the necessary coverage or carelessly let their policy lapse. Obviously, if you have no valid insurance policy in place, you can’t look to an insurer to cover your losses after an accident. In California, Prop 213 also may prevent you from recovering damages in a lawsuit, even if another party was at fault.

The Effect of Prop 213 on a Motor Vehicle Accident Claim in California

Prop 213, known as the Personal Responsibility Act of 1996, bars uninsured drivers from recovering a general damages award in certain circumstances. General damages typically include compensation for pain and suffering, loss of companionship or consortium, and loss of enjoyment of life. Prop 213 states the following:

  • An uninsured motorist can never collect general damages, regardless of fault.
  • An uninsured motorist may be able to collect compensation from an at-fault party’s insurer for medical bills and other out-of-pocket losses.
  • Passengers on or in a vehicle driven by an uninsured motorist may collect general damages in a lawsuit.

Exceptions to the Rule

The driver of an uninsured vehicle may still be eligible for general damages when the accident occurs under the following circumstances:

  • The uninsured vehicle is owned by the driver’s employer.
  • The accident occurs on a private road.
  • The vehicle involved in the accident is uninsured, but the driver has insurance on another vehicle.

Contact the Experienced Personal Injury Lawyers at Weber & Nierenberg

At Weber & Nierenberg, we have more than 30 years of experience successfully handling a wide range of personal injury claims, including injuries suffered in motorcycle accidents. We will takethe time to learn the details of your accident, as well as what you need to be fully compensated for your losses. Contact us online or call our office at 1-866-288-6010 for a free initial consultation.

Tips for Maximizing Your Safety on a Motorcycle—Part One

Things You Can Do to Reduce the Risk of Injury

Tips for Maximizing Your Safety on a MotorcycleFor many, riding a motorcycle can be a two-edged sword. There’s exhilaration and freedom you can’t get from anything else when you hit the open road with the wind in your face. But it’s an inherently dangerous venture, too. U.S. Department of Transportation statistics indicate that bikers are 28 times more likely to suffer fatal injuries in a crash than someone in a passenger vehicle. In many instances, too, the causes of an accident are beyond your control. There are, however, some specific things you can do to reduce the risk of injury on a bike. Here’s our first installment:

  • Make sure your skills are finely tuned—Don’t be afraid to take a motorcycle safety course. In California, you may even be required to take a safety class or pass a driving skills test. Even if it’s not mandatory, it’s a good idea.
  • Take advantage of safety gear—A helmet, leather pants and jacket, good boots and gloves are essential. You also might look into new airbag technologies available for motorcycles.
  • Keep your bike in top condition—Keep a checklist to go through every time you get on your bike, so you know that brakes, lights, tires, steering and other mechanical conditions are satisfactory.
  • Make certain other drivers can see you—The most common response by other motorists after a collision? I didn’t see the motorcycle. Minimize that risk with brightly colored clothing or reflective tape. Make certain you always use mechanical and hand signals, and ride with your headlights on in the daytime.
  • Give yourself some room—Always allow yourself adequate space and time to stop in the event of an emergency without hitting the vehicle in front of you.

ContactWeber & Nierenberg

At the law office of Weber & Nierenberg, we have protected the rights of injured people in California for more than three decades, including those hurt in motorcycle accidents. We will take the time to listen carefully in order to learn the details of your case, and we will help you seek full and fair compensation. Contact us by e-mail or call our office at 1-866-288-6010 for a free initial consultation.

 
 
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P. 510-663-6000

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