Biker and Motorcycle Related Legal Articles

License Requirements

A motorcycle license (M1 endorsement) is required for any rider who rides a motorcycle 150cc’s and above.

If under age 18 you must be at least 16 years of age, have a permit for six months, have proof of driver ed. and driver training, and complete a motorcycle training course.

If you are 18 and older you must pass the written motorcycle test, and either take a certified motorcycle rider training course, or make an appointment to take the motorcycle driving test at the DMV.

Safety Helmet

All operators and Passengers must wear an approved safety helmet when riding on a motorcycle, motor driven cycle, motorized bicycle, or motorized scooter in California.

Eye Protection

Eye Protection is not yet required by California Law, but it always recommend that you wear good eye protection when riding your motorcycle. You do not need a law to tell you that a rock in the eye at 50mph will ruin your day and possibly your eyes.

Daytime Use of Headlight

Daytime use of headlight is required by law on all motorcycles. Modulating headlight is permitted. Most new motorcycles automatically have the headlight on when the motorcycle is started. It is best not to screw around and disable this function because you will get a ticket if your light is off.

Passenger Seat

A Passenger Seat is required on all motorcycles if you are carrying a passenger.

Passenger Footrest

A Passenger Footrest is required on all motorcycles if carrying a passenger.

Helmet Headphones / Ear Buds

Helmet Headphones / Ear buds should only have one single earphone only. It is illegal to have dual earphone headphones or ear buds on while driving a car or operating a motorcycle in California.

Muffler / Exhaust

A Muffler is required by California state law. No muffler or exhaust system shall be equipped with a cutout, bypass or similar device (VC §27150. Adequate Muffler Required).

Maximum Sound Level of Motorcycle

Maximum allowable A-weighted sound levels based on measurements taken at a distance of 50 ft from center lane of travel: 1)Pre-1970..92dba; 2) After 1969, and before 1973…88dba; 3) After 1972, and before 1975…86dba; 4) After 1974, and before 1986…83dba; 5) After 1985…80dba (VC §27201-27202. Motorcycle Limits).

California State Insurance Requirements

Compulsory Liability Insurance (Minimum Limits) (10/15/30) – Financial responsibility required. A driver involved in an accident who fails to prove existence of financial responsibility at time of accident shall have driver’s license suspended for 1 year, face a hefty fine, and potentially have their vehicle impounded. Plus if you have an accident without insurance you cannot recover general damages. (you are screwed) Don’t be a fool; you must at least have minimum liability insurance when you ride.

Motorcycle Handlebars

A person shall not drive a two-wheel motorcycle that is equipped with handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat.

Lane Splitting

Lane splitting or riding between cars on the lane divider is not prohibited by California law so it is therefore legal. However, there is a recognized speed limitation that a rider should go no more than 15-20mph faster than the flow of traffic. If you go too fast while splitting lanes, you could face a ticket.

If you or a loved one has been involved in a motorcycle accident anywhere in the State of California, call the real California Biker Lawyer Norman Gregory Fernandez for a free consultation at 800-816-1529 x. 1.

By California Motorcycle Accident Attorney and Biker Lawyer Norman Gregory Fernandez, Esq., © 2010

I wrote an article about a California Superior Court ruling which found in favor of a man who has been challenging California’s mandatory helmet laws. You can read that article here.

The case was appealed by the California Highway Patrol. The Court of Appeals of California, 6th District, San Jose, overturned the previous California Superior Court ruling and found in favor of the California Highway Patrol.

You can read a newspaper article about the ruling by clicking here.

I have not had a chance to read the entire decision. The bottom line is that everyone who rides a motorcycle in the State of California is required to wear a DOT approved helmet.

Until I read the actual Court ruling, I will not offer my commentary with respect to the Court’s reasoning. Although I am still for a bikers right to choose whether to wear a helmet or not; the law in California requires everyone riding on a motorcycle to wear a helmet, or face the piper.

By Norman Gregory Fernandez, Esq., © 2007

I just read an interesting article on the freedom of motorcycling that was written by a life long biker from the great State of Arkansas name Barry Tudor.

I may not agree with everything that he wrote in his article, but nonetheless, it is a good article and deserves to be read.

I do agree with Barry that bikers should have the freedom of choice on Helmet issues, and that the powerful insurance lobby is doing everything they can to take away our freedom to ride as we choose, and to limit the horsepower on our motorcycles.

As I have stated in many of my articles; it is very hard to articulate in words, what it is like to ride a motorcycle, and to be a biker. The only way to really know is to get on a motorcycle and do some miles on the open road.

Barry’s attempt at articulating what it is like to ride Motorcycles and to be a Biker is good. I give his article my thumbs up, and recommend that you read it.

His take on helmet laws, and other attempts to legally limit our ability to be free in the wind also deserves to be read.

Without further ado, you may read Barry’s article on the Freedom of Motorcycling by clicking here now.

By Norman Gregory Fernandez, Esq., © 2007

I have recently read newspaper articles, statistics from various governmental entities, and from other sources about motorcycle death rates increasing in States that revoked their mandatory helmet laws. I am not going to post all of the links here. If you search for helmet law debate on Google you will get tons of hits. Read to your hearts content.

This debate as far as I am concerned will never end, especially amongst bikers like me that grew up riding with no helmets.

I feel that the choice should be up to the individual biker. There are valid arguments for wearing helmets and not wearing helmets, but the law should give Americans the freedom of choice. That is my issue with helmet laws.

As I started doing motorcycle accident cases, and have had my own incidents of going down, I made the choice to wear a helmet for my own personal reasons. There is no doubt as to what happens when a human head hits the pavement; the pavement wins everytime. However, I must make an admission; I sometimes still ride with no helmet in States where it is legal, because I love the wind in my hair on the open road. My friends and brothers who have ridden with me on out of State rides know this to be true.

America is about Freedom; being a Biker is about Freedom. Freedom of choice is what makes America great. I say let us decide whether to wear helmets or not.

I know I will probably get many comments on this short article about the pros and cons of riding with helmets.

The purpose of this article is to make a point about personal freedoms, and to advocate the freedom of choice. Can you imagine some lunatic legislators enacting laws requiring Motorcyclist to wear seatbelts?

Where does government intrusion into our personal lives end if we do not stand up for ourselves and make a statement?

How do we make a statement that our government will listen to? Simple; write your congressmen, State legislators, and vote for candidates that advocate freedom.

The trouble with freedom is this; if you let it go, it is very hard to get back!

By Norman Gregory Fernandez, Esq. , © 2007

I have been asked by many people what is the difference between a biker lawyer and a normal personal injury lawyer.

The main difference is that a biker lawyer actually rides motorcycles and is a biker himself. A biker lawyer has a unique insight when dealing with motorcycle accident cases that a normal personal injury lawyer does not have. Why, because we also ride motorcycles.

Frankly I know of only 2 other biker lawyers in the State of California that actually ride motorcycles besides me. There may be more; I don’t know. I do know of several other lawyers that ride, but they do not do personal injury. I even know of one Judge who rides motorcycles.

What ticks me off is a bunch of normal personal injury lawyers pawning themselves off as biker lawyers. You see them advertising in the biker rags, you may see them at events. Have you ever seen any of them actually riding?

The next time you come across a so-called biker lawyer, why don’t you ask him to take a ride with you? The proof is in the pudding so to say.

I am a real biker lawyer. I am a biker and I do personal injury. My practice is not just limited to motorcycle accident cases; I also do car accidents, truck accidents, other motor vehicle accidents, and other torts such as slip and falls, assault and battery, etc. However, my passion is prosecuting injury cases for other bikers. Don’t get me wrong; I aggressively prosecute all cases for my clients. If you are the victim of a car accident, I will treat you no differently than any of my other clients.

If you are a biker you have probably heard comments made by cagers such as: “we are the best organ transplant donors;” “we are crazy for riding motorcycles because they are dangerous,” etc.

In a personal injury case there is a general bias against bikers and motorcycles amongst potential jury pools. It is my opinion that only a biker lawyer himself can explain to a jury during trial, that bikers and motorcyclist have the same right to share the road as everyone else.

It is much easier for me because I feel what I say. There is no act; I feel a kinship towards my biker clients.

There is a general bias amongst jury pools against bikers and motorcyclist. They automatically think that it is our fault when we get hit by a cager, because we are engaged in a dangerous activity. This bias has to be addressed at trial in Jury Selection, and during the trial.

Bottom line; if you have had a motorcycle accident, get a real biker lawyer. If you are in California, give me a call at 818-584-8831 extension 1, or go to my biker lawyer website by clicking here now.

By Norman Gregory Fernandez, Esq. ,©2007

If many of you like me, like to ride your motorcycle in different states, you would be surprised at the differences in the various laws of each state when it comes to riding your motorcycle.

Obviously, you should at least know the basic laws pertaining to riding your motorcycle in your home state.

The American Motorcyclist Association (AMA) has on their website, a simple method by which you can find out the various laws pertaining to riding your motorcycle in the various states.

Please note that the link I am about to provide only provides the basics with respect to the motorcycle laws of each state. As you probably already know, the laws are much more complicated than the simple charts provided on the AMA website; however, it is a good reference chart, and starting point to find out the basic laws of each state.

I highly recommend that if you plan on riding out of state to check out the chart. For instance in California lane splitting is legal. I found out the hard way that in Nevada it is not.

To check out the AMA website, index of motorcycle laws for each state, click here now.

If you have any doubt as to the accuracy of the chart, you should always consult with an attorney.

By Norman Gregory Fernandez, ESQ. , Copyright 2006

I just gave a free consultation to a biker who was seriously injured in a motorcycle accident. He suffered severe injuries in his motorcycle accident and his life has been permanently altered.

This biker told me that he already has a lawyer but is not satisfied with the service the lawyer is providing to him in his case. Further, I was told that this lawyer advertises himself to be a motorcycle accident “specialist.” He also told me that this guy seemed to have no clue about riding motorcycles. He felt like he was getting the runaround.

You have probably heard the term Caveat Emptor which is a Latin term meaning “let the buyer beware.” Caveat Emptor rings true when you are selecting a lawyer to handle your motorcycle accident case.

California State Bar Rules of Professional Conduct 1-400(D)(6) states that: No attorney may state that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

Currently the State Bar does not certify Personal Injury or Motorcycle Accident’s as a specialty.

What this means in plain language is that beware of any lawyer that is running around holding him or herself out to be a “certified personal injury or motorcycle accident specialist,” because it is flat out unethical for them to do so, and is a blatant violation of the California Rules of Professional Conduct. You can always check with the State Bar to see if a lawyer is a “certified specialist.”

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Passengers in motorcycle accident and other types of motor vehicle accident cases usually have more rights than the actual driver of each vehicle. This is due to the fact that a passenger has a right to recover irregardless of who is at fault. For instance, if you're riding on the back of a motorcycle, and the person who is operating the motorcycle is at fault, you can make a claim against that person. This lets say a car hits the motorcycle, you can make a claim against the car that hit the motorcycle.

In most cases passengers injured in motorcycle accidents or other types of motor vehicle accidents will file a claim against the drivers of all vehicles involved in the accident, and let the chips fall when they may. 99.99% of the time a passenger in a motorcycle or other motor vehicle accident is an innocent victim and has no fault whatsoever in the accident.

Often times passengers injured in motorcycle and other types of motor vehicle accidents are related to, and/or are friends of the persons they are riding with. This sometimes presents special problems because the passenger feels guilty for filing a claim against their relative or friend.

You should not feel guilty. This is what insurance is for. If you've suffered an injury while riding on a motorcycle or other motor vehicle as a passenger, you have a right to recover for your injuries. It was not your fault that the accident happened. That is why the operators of the motorcycle and/or other motor vehicle purchase insurance, are required by law to have liability insurance on their vehicles. Furthermore, a true friend and/or family member would want you to be able to recover for your injuries if they were at fault in the accident. If they were not at fault in the accident, than the person or persons who are at fault in the accident will have to cover your damages.

You should be concerned about yourself and recovering from your injuries if you have been injured while riding on a motorcycle or in another type of motor vehicle as a passenger.

I handle cases for Motorcycle Riders and their passengers. You can go to my Motorcycle Law Website by Clicking Here Now.
By Norman Gregory Fernandez, Esq. , Copyright 2006

******UPDATE 5/18/2007, THE BELOW CASE HAS BEEN OVERRULED BY THE STATE APPEALS COURT IN FAVOR OF THE CHP. YOU CAN READ MY NEW ARTICLE ABOUT THIS CASE BY CLICKING HERE!

A Superior Court Judge for the County of Santa Cruz has ruled that California’s Helmet Law is unconstitutional because it is vague and ambiguous.

The gist of the Court’s ruling is that the law cannot be uniformly enforced throughout the State the way it is written, so it is therefore unconstitutional.

Click here to see the actual Court Ruling which in Adobe PDF format.

I have heard that certain Police agencies are continuing to write helmet violation tickets notwithstanding the ruling from Santa Cruz.

You can bet that the State will appeal the ruling.

I am advocate of a biker’s right to chose as to whether they want wear a helmet when they ride a motorcycle or not. There are valid arguments for wearing helmets and not wearing helmets.

Notwithstanding the Court’s ruling, it is safe to say they if you decide to “not wear a helmet” while riding your motorcycle; you will probably still receive a ticket. The Court ruling will no doubt give you a legal basis for challenging the ticket in Court. The bottom line is whether you have the time and resources for challenging a helmet law violation using the Court’s ruling as a basis for your defense.

Norman Gregory Fernandez, Esq. , Copyright 2006.