Oakland Personal Injury Lawyer Blog

A motorcyclist was driving his bike in a protest ride against New York helmet law, when you guessed it, he had a serious accident. As part of the protest, he was not wearing his helmet. He died when he flipped over his handlebars and landed on his head on the roadway. Investigating police officers said the motorcyclist hit his breaks, lost control of his bike, fishtailed, and then the flew over the handlebars. He was taken immediately to the hospital where he was pronounced dead.

California has strict laws regarding the use of helmets designed to reduce personal injuries while operating a motorcycle. California Vehicle Code section 27803 provides:  "(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).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways.
(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.
This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration."

In 1993, the constitutionality of this law was challenged by motorcycle enthusiasts in the case of Buhl v Hannigan. The challengers claimed that the law was vague, was not related to a legitimate state concern, that it violated their right to freedom of expression and right of privacy. All of these arguments were shot down by the court, which explained that the legislature has a right to pass law which are in the interest of the public safety.

In 2009, there were 4,462 motorcyclists killed in accidents. Another 90,000 were seriously injured during this same time period. NHTSA estimates that helmets saved the lives of 1829 motorcyclists and estimated that if all cyclists used helmets and additional 823 more lives could have been saved. NHTSA states that helmets are 37 per cent effective in preventing deaths due to head injuries, and 67 per cent effective in preventing traumatic brain injuries.

As an Alameda motorcycle injury lawyer, I have represented numerous motorcycle accident victims. The use of a helmet almost always mitigates the potential for serious head injuries. Therefore, I strongly support helmet laws in California and in all jurisdictions.

Resources:

NY Motorcyclist dies on ride protesting helmet law, Associated Press, July 3, 2011

National Conference of State Legislatures, June 2011

A young motorcyclist died in a tragic accident on September 24, 2010 in Oakland. The motorcyclist, twenty-seven year old Robert Adams was driving his motorcycle on Hegenberger Road in Oakland when a truck driven by a Sky Chef's employee made a left turn directly in front of him. As a result, Mr. Adam's motorcycle ended up running into the side of the truck. Mr. Adams suffered serious injuries and later died at Highland Hospital.

While this Oakland motorcycle accident is still under investigation, there are a few things that can be said about this deadly collision. The California Vehicle code section 21801 states that the driver of a vehicle intending to turn to the left must yield the right of way to oncoming traffic. It also says that once he has yielded to oncoming traffic and after having put on his turn signal, all oncoming traffic must then yield to him. A full investigation will follow to determine the right of way question.

In this motorcycle accident, questions will be raised about the speed of both vehicles and which vehicle had the right of way. You can bet that the insurance companies for the Sky Chef will be hiring experts to investigate the scene and preserve all necessary evidence to protect its rights. It would be prudent for anyone who has suffered a serious injury or loss in an accident such as this to promptly hire their own experts through the use of an experienced personal injury attorney who can investigate the matter and protect their rights. As an Oakland personal injury lawyer I have often seen how the quick investigation of accidents can mean the difference between winning or losing the case.

Assuming that the driver of the left turning truck was at fault in this Oakland motorcyle accident, Mr. Adams family would have the legal right to bring a wrongful death claim in Alameda County against the driver of the truck. Sky Chef which would be liable for its employee's negligence under the doctrine of vicarious liability. His heirs would be entitled to compensation for the loss of his love, companionship, comfort and care and for any economic losses, including loss of support (California Code of Civil Procedure section 377.60).

Resources:

Oakland Tribune, Motorcyclist killed in morning crash identified, September 24, 2010

Bridge tolls across bay area bridges were increased this week and for the first time in 30 years carpool lanes in the bay area will no longer be free. This has bay area commuters upset. For commuters who travel the carpool lanes daily, including those who use the vanpools, the economic incentives have diminished and may lead to a decrease in the use of carpools. Motorcycles will now have to pay tolls, too. This causes motorcycle drivers the unique inconvenience of having to remove protective gloves to retrieve toll money from their pockets.

Not only are the tolls increasing, the tolls vary according to the time of day, proving to be challenging for those travelers paying cash. Delays as vehicles approach the toll plaza and scramble to find the correct change may also increase the likelihood of more auto accidents. As an Oakland personal injury lawyer, I have handled many cases involving automobile and motorcycle accidents on the Oakland Bay Bridge.

Having Fastrak is convenient and may help ease the congestion at the toll plaza. The fastrak transponder will automatically calculate the correct toll according to the time of day and in the carpool lanes.

Caution on the bridges is always recommended, especially during this transitional period as drivers adjust to the toll changes.

Resources:
Mercury News, 6/20/2010, New bridge tolls take effect July 1

Contra Costa Times, 6/29/2010, The Queen of the Road: Toll increases affect motorcyclists, vanpools

Bay Area Toll Authority, 2010, Bay Area Toll Authority