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Ventura Car Accident Lawyer / Santa Barbara Motorcycle Accident Lawyer

Santa Barbara Motorcycle Accident Lawyer

Motorcyclists who are hurt due to another person’s negligence have many challenges to overcome when filing a personal injury claim to recover compensation. Jurors and insurance companies often have biases against bikers and believe they are reckless and dangerous. While this is not the case of course, it does mean that much of the claim process involves educating these parties about the safety precautions bikers take.

It also does not help that state law in California actually makes it harder for victims of motorcycle accidents to file a claim. Below, our Santa Barbara motorcycle accident lawyer explains these laws and how you can obtain the compensation you need.

Lane Splitting Laws in Santa Barbara

Lane splitting occurs when a motorcyclist travels between two lanes of stopped or slow-moving traffic. California is the only state that does not address lane splitting in its statutes. At one time, the practice was against the law in the state, but legislators removed the law that made it illegal. Some motorists will use the fact that a biker was lane splitting to show that they were acting negligently, even when that is not the case.

To avoid this challenge when filing a claim, motorcyclists are advised to refrain from lane splitting. While it is no longer against the law, it can make filing a claim easier by removing this defense.

The Motorcycle Laws in Santa Barbara

California law stipulates that anyone on a motorcycle must wear a helmet that complies with the standards outlined by the Department of Transportation. Motorcyclists who do not wear a helmet can face high fines from law enforcement. Failing to wear a proper motorcycle helmet can also hurt any personal injury claim filed in the future.

In any personal injury claim, accident victims must mitigate their injuries. This means they must take appropriate measures to keep themselves safe and to ensure their injuries do not become worse. Refusing to wear a helmet puts bikers at a significant risk of facial and head injuries. Defendants in motorcycle accident claims will argue that the biker was negligent because they did not wear a helmet and therefore, they did not mitigate the possibility of injuries. They will also argue that if the biker was wearing a helmet, they would not have become so severely injured.

Defendants may be successful with these arguments, but the comparative fault law in California still allows a path for compensation for accident victims. Even if you are found to be partly at fault for failing to wear a helmet, if the driver contributed to the crash you can still claim compensation. The comparative fault law allows you to claim damages even if you were 99 percent to blame for the accident. However, any damages you are awarded will be reduced by your same percentage of fault.

Our Motorcycle Accident Lawyers in Santa Barbara Can Help You Through the Process

If you have been injured in a crash, claiming the compensation you deserve can be challenging. At Zavala Law, our Santa Barbara motorcycle accident lawyer can guide you through the process and make it much easier. Call us now at 805-429-4292 or contact us online to schedule a free consultation.