Happy Thanksgiving

Happy Thanksgiving 2021

This Thanksgiving, we are immensely grateful, that with all the changes in our world, we have friends and family with whom we can gather. Let us take time this year to live in gratitude for the bounty we experience all around us.

Happy Halloween!

Happy Halloween

Happy 4th of July 2021

Weber and Nierenberg

Memorial Day 2021: Remember & Honor

Memorial Day 2021: Remember & Honor

Fault in California Motorcycle Accidents

What Happens If an Injured Motorcyclist Is Partially at Fault?

Fault in California Motorcycle AccidentsIf you’re hurt in a motorcycle accident in California, there’s a good chance you can seek compensation for your injuries. Most personal injury claims, including motorcycle accident injury claims, are based on a legal theory of negligence. In essence, negligence occurs when someone fails to act as a reasonable person would be expected to act under the circumstances. A motorist might exceed the speed limit, fail to stop at a light or sign, or turn into the path of a biker without looking.

It’s fairly common, though, for both parties to an accident to engage in some type of negligence. For example, a motorist might be exceeding the legal speed limit when another runs a red light, and the two cars collide. If the latter driver had stopped, the accident would not have occurred, but the same can be said about the one speeding. So how is liability allocated when both parties contribute to an accident.

Comparative Negligence in California

For many years, the doctrine of contributory negligence applied in personal injury claims. Underthat legal theory, if an injured person contributed in any way to causing their own injury, there could be no recovery. In application, that rule became harsh, as injured people who contributed in very minor ways were left without a remedy for the extremely careless behavior of other motorists.

Around the turn of the 20th century, most states, including California, replaced the legal concept of contributory negligence with comparative negligence. With comparative negligence, the court first determines the total losses suffered, then allocates responsibility between the parties. The injured party’s recovery is then reduced by their percentage of liability.

For example, if you’re injured while riding a motorcycle and your total losses are $100,000, but the court determines that you were 25% at fault, your damage award will be reduced by $25,000. Because California is a “pure negligence” state, an injured person may still recover monetary damages, even if their percentage of fault is greater than the defendant’s.

Contact Weber & Nierenberg for Proven Personal Injury Counse

At Weber & Nierenberg, we have more than 30 years of experience protecting the rights of personal injury victims across California. For an appointment to discuss your options after a motorcycle accident, contact us by e-mail or call 1-866-288-6010 for a free initial consultation.

Motorcycle Safety Gear: Helmets

Headgear Options for Bikers

Motorcycle Safety Gear: HelmetsThough there’s long been debate about the effectiveness of helmets for motorcyclists, studies indicate that the use of helmets reduces the risk of both head injury (by 69%) and death (by 42%). One study found 10 times as many fatalities in states without universal helmet laws. After Michigan’s helmet law was repealed in 2012, a report found that there was a 14% increase in motorcycle-accident-related head injuries and a 38% increase in bike-related skull fractures.

The Different Types of Helmets

Bikers have three basic types of helmets from which to choose:

  • full helmet,
  • ¾ helmet, and
  • ½ helmet.

For maximum protection, use a full helmet. Full helmets come in a wide array of shapes and sizes but always include full protection for your head and face. They have a rigid outer shell with a full-face visor that rotates out of the way and often locks into place. Higher-end helmets typically have more padding inside and may include a built-in camera or speakers, along with Bluetooth capability.

The ¾ helmet offers many of the same features as the full helmet, but with minimal or no face protection. If there’s a visor, it typically pivots up and down to cover the eyes. The protection in the top, side, and back of the helmet is similar to the full-face helmet, but you’ll find less protection in the chin and lower facial area.

The ½ helmet usually offers the same type of rigid construction and padding but covers only the top of your head and part of the back and/or sides. There’s no facial protection at all, so you may want to sport goggles or protective glasses.

Contact Weber & Nierenberg for Strong Representation

At Weber & Nierenberg, we bring more than 30 years of experience to personal injury victims across California. For a free initial consultation to discuss your options after an accident, contact us by e-mail or call 1-866-288-6010 for an appointment

Keeping Safe on Your Motorcycle during the Pandemic

Strategies to Protect Your Health During the COVID-19 Crisis

Keeping Safe on Your Motorcycle during the PandemicIn many ways, riding a motorcycle is an ideal way to stay safe during the coronavirus pandemic. You’re outside and, unless you have a passenger on your bike, you’re socially distanced from everyone around you. Furthermore, because California has a helmet law in effect, you’ll essentially be masked up whenever you get on your bike and hit the road.

First, though, a caveat about riding your motorcycle during the pandemic—there’s always a risk, whenever you go anywhere, of either contracting the virus or spreading it to others. If possible, restrict your riding to essential tasks—going to work, the grocery store, or medical appointments. For your safety and the safety of everyone else, avoid trips that are purely for personal pleasure…until we can all ride safely.

Tips for Staying Safe When You Go Out

Regardless of why you ride, follow these simple recommendations:

  • Don’t travel in groups and don’t stop for group gatherings—We understand that motorcyclists can be a gregarious and extroverted lot. For the time being, though, avoid the urge to get together with anyone outside your immediate household. It’s the easiest way to pass the virus to others.
  • Maintain the same level of attention and diligence—The roads may be less traveled, with many staying home, but the hazards are still there. Don’t reduce your focus just because there are fewer people on the road.
  • Use the opportunity to develop your skills—With many retail establishments closed, there are ample opportunities to use vacant parking lots to learn bike-handling techniques.

Contact the Experienced Attorneys at Weber & Nierenberg

At Weber & Nierenberg, we have fought for the rights of personal injury victims across California for more than three decades. To set up an appointment to discuss your options after an accident, contact us by e-mail or call 1-866-288-6010 for a free initial consultation.

New Laws Affecting California Drivers

Changes Effective As of January 1, 2021

New Laws Affecting California DriversA number of California laws related to the operation of motor vehicles, including motorcycles and motorized scooters, went into effect at the beginning of the year. Here are some of the changes you need to know.

Emergency Vehicle Measures Expanded to Local Roadways

All motorists now must either change lanes or slow down when approaching a stationary emergency vehicle with its lights flashing, regardless of where they are. Prior law applied only to vehicles on freeways. The new law applies to all types of emergency vehicles, including ambulances, EMT vehicles, tow trucks, and Caltrans vehicles.

Under a separate law, authorized emergency vehicles are permitted to use a “hi-lo” warning signal, with a different sound than a siren. The “hi-lo” signal means that non-essential personnel must evacuate the area because of an emergency.

Distracted Driving Convictions Add Points to Driving Record

Any motorist convicted of using a cell phone—except in a hands-free manner—will have one point added to their driving record, provided the conviction is the second one within a three-year period. California motorists can face suspension of driving privileges if they accumulate four points within 12 months, six points within two years, or eight points within three years. Persons under the age of 18 may not use a cell phone or similar device in any manner while driving.

Motorized Scooter Licenses

Motorized scooters no longer require a Class M2 license or permit to operate. Effective January 1, anyone with a valid driver’s license or permit in California can operate a motorized scooter.

Contact the Law Offices of Weber & Nierenberg

At Weber & Nierenberg, we have protected the rights of personal injury victims throughout the state of California for more than 30 years. To set up an appointment to discuss your options after an accident, contact us by e-mail or call 1-866-288-6010 for a free initial consultation.

Season’s Greetings and Happy New Year

Season's Greetings and Happy New Year

The Coronavirus Pandemic and Scooter Usage

Companies Report Mixed Impact

Coronavirus-Pandemic-and-Scooter-Usage The COVID-19 pandemic has had a devastating impact on many businesses across the United States as people follow social distancing guidelines in an effort to halt the spread of the virus. Early in the crisis, reports indicated that shared-scooter operators were being hit heavily, but more recent data from some companies shows a shift, with users taking more trips and the average trip length growing as well.

In May, researchers at Carnegie Mellon University found that demand for scooter rentals had allbut disappeared, with many larger scooter companies incurring substantial losses. The likely reason was widespread fear of contact with something previously used by unknown persons due to uncertainty about how contagious the virus was and how it spread.

Earlier this month, however, the scooter company Spin said numbers have gone up year over year in both the number of trips booked and the length of each trip. Spin disclosed that the average trip went from 15 minutes in 2019 to 22 minutes for the same time period in 2020.

Scooter operator Lime conducted a public survey in June, finding that more than two of every three respondents said they would use shared scooters in the future. Just twelve months earlier, about 40% of respondents gave a similar response. More than a third (35%) said they would use a shared scooter at least once a week, and one in four respondents expressed interest in purchasing their own scooter.

Public health experts say that using shared scooters can be safe during the pandemic, provided you treat the bikes like you would any other potentially contaminated surface and fully sanitize them before you get aboard.

Contact the Law Offices of Weber & Nierenberg

At Weber & Nierenberg, we have over 30 years of experience effectively representing injured people throughout California. To schedule a free initial consultation, contact us by e-mail or call 1-866-288-6010 to arrange an appointment.

 
 
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Happy Thanksgiving

This Thanksgiving, we are immensely grateful, that with all the changes in our world, we have friends and family with whom we can gather. ... [Read More...]