Despite the fact that we have previously discussed motorcycle accident legislation, one circumstance warrants further discussion: an injured motorbike passenger. Who is accountable? This can be a challenging case because several sections of the California Vehicle Code apply, in addition to general negligence regulations.
We are going to go through the fundamentals today. Call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you have any other questions.
Is it legal to have a passenger on a motorcycle?
First, we need to talk about whether carrying a passenger on a motorcycle is really permitted. The answer is not always yes or no in the state of California. According to California law, it is prohibited to transport a person as a passenger unless that person is in a sidecar that is attached to the motorcycle directly and is intended to carry people, has a seat that is securely fastened and has foot rests, or both.
When riding behind the driver with a passenger in the driver’s seat, the passenger must always maintain their feet on the foot pegs.
Limitations on passengers’ ages when riding motorcycles
Although there is not a set age limit for riding as a passenger on a motorcycle, there are a few laws that are relevant. First, as was already indicated, the passenger must always keep their feet on the foot pegs. The rider is not permitted to ride if they are too young or short to reach the seat’s footrests.
A child under the age of eight must ride in a passenger restraint system that complies with federal safety standards, according to the California Vehicle Code. This is simply a technician term for a car seat. As a result, unless the motorcycle has a car seat, a youngster under the age of eight cannot be on it legally.
Accident or injury liability is a complex matter
It can be difficult to determine who is responsible when a motorbike passenger is hurt or killed in a collision. If the motorcyclist was breaking any of the laws mentioned above, they could be deemed at least partially at blame. The severity of the passenger’s injuries may be partially attributed on the passenger if they failed to wear a helmet in spite of the state’s mandate that they do so.
However, if the passenger was legally riding, wearing a helmet, and abiding by all traffic laws, and another driver caused the collision, they would also be liable for the passenger’s injuries.
All of this information on motorbike accidents is broad. Every situation is unique. The good news is that all you have to do to get particular information is call Law Offices of Fernando D. Vargas at 909-982-0707 and ask for a no-cost legal consultation.
