Motorcyclists have the same right to use public roadways as the drivers of cars and trucks, but there are some additional rules and regulations to be aware of. Given the size of motorcycles, different rules apply when riding them to protect everyone’s safety.
If you have been hurt in a collision, understanding San Jose motorcycle traffic laws is an important first step toward getting justice. Having the support of a dedicated injury attorney can give you the best chance to maximize your recovery. Call Valero Law Group today to learn more.
What Are the Licensing Requirements for Motorcycles?
For someone in San Jose to lawfully operate a motorcycle, they need to have a valid license. This means completing specific requirements such as passing a written exam and a motorcycle skills test.
There are two types of motorcycle licenses in California. The Class M1 license covers every type of motorcycle, large or small. A Class M2 license restricts riders to smaller motorized bicycles or mopeds.
Helmet Laws
One important aspect of motorcycle traffic laws every rider in San Jose should understand is the state’s helmet policy. Every jurisdiction is different, with some being more lax than others. In San Jose, motorcyclists must wear their helmets every time they ride. These rules apply not only to riders but to passengers as well. Failure to comply with helmet regulations can lead to steep consequences, including fines.
In addition to the risk of monetary fines, not wearing a helmet can negatively affect a rider’s personal injury lawsuit after a crash. California has adopted a pure comparative negligence standard, which means that riders could have their compensation reduced if they are partially at fault. Suffering serious head injuries due to not wearing a helmet can lead to this type of reduction in damages.
Liability for Motorcycle Accidents
Another key aspect of traffic laws involves understanding liability in the aftermath of a crash. Not every accident will lead to a viable case for compensation. In order for an injured rider to recover damages, they must prove that their accident only occurred because of someone else’s negligence. This could come in the form of:
- Distracted driving
- Impairment
- Running a red light
- Failing to yield the right-of-way
- Mechanical defects
An attorney from Valero Law Group can work to identify what traffic violations might have led to a motorcycle crash in San Jose. Call today.
Lane Splitting Rules
Unlike most places, San Jose allows motorcyclists to split lanes. Lane splitting is the act of riding between two lanes when traffic slows. This allows motorcycles to continue moving even when larger vehicles are stuck in traffic.
However, the rules regarding splitting lanes are vague. Riders are allowed to lane split when it is safe to do so. Whether or not it is safe is subjective, but that decision considers different factors such as the speed of the motorcycle and the other vehicles around it.
Motorcyclists are not automatically at fault when a collision involves lane splitting. Instead, the courts will look to the motorcycle traffic regulations in San Jose to determine if the rider, or someone else, was negligent at the time of the crash.
Talk to a San Jose Attorney About Motorcycle Traffic Laws
Accidents can still happen despite your best efforts to comply with San Jose motorcycle traffic laws. No amount of safe riding can protect you from the negligent motorists you share the road with. If you have been hurt in a collision, Valero Law Group can help. Reach out for a private consultation today to discuss your accident.