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Motorcycle Passenger Age Limit

Motorcycle Riders and Passengers on Motor Bikes

Those who drive a motorcycle are more likely to get involved in an accident compared to drivers of cars. Motorcycles are a great way to save gas, get around town quickly, and have the independence to get from one place to another. Unfortunately, since motorcycles do not have a protective barrier, motorcycle accidents can result in very severe injuries, such as traumatic brain injuries and spinal cord injuries. If you have sustained any of these types of injuries, you could face permanent disabilities. It is also exceptionally difficult for the victims’ family members. As the family members try to care for the victim, they may also experience severe distress. The victim may need compensation for loss of income.

When driving a motorcycle, it is very important to practice safety. There are several ways you can practice safe driving. Failure to do so could result in sustaining very severe injuries and possibly, fatalities.

What should I wear when driving a motorcycle?

When driving a motorcycle, it is recommended that you wear:

  • Leather gloves: this is to protect your hands and to prevent any types of road burns that your hands may suffer if you have been thrown off from the motorcycle.
  • Leather jackets: this is to protect your back from bruising if you were ever to be thrown off from the motorcycle.
  • Helmet: a helmet is required in the state of California. It is very important that you wear the correct size helmet. The helmet will be able to protect your head and prevent any traumatic brain injuries.

Who can ride in the back of a motorcycle?

California has several regulations in place that provide age limits for motorcycle passengers. Other than age limits, there are also weight limits.  Many people may think that this may be unfair since cars are not regulated as to who can be a passenger.  Many motorcyclists also think that this is a form of restriction on their freedom. Motorcyclists may want to have their children right in back of them as they get from one point to another. However, these safety regulations are in place to prevent the passengers from sustaining very severe injuries. California has passed these types of laws to make sure that young children do not get injured in a motorcycle accident.

California motorcycle laws are very strict, especially when it comes to helmet laws. Although California has limited the prohibition on motorcycle lane-splitting, The state enforces motorcycle passengers very strictly. If you do not abide by these motorcycle laws, you could face potential fines, and potential jail time depending on the severity of the vehicle code.

What are the requirements for getting your motorcycle license in California?

In order to obtain a motorcycle license, there are several requirements that the potential motorcyclist must meet. This includes:

  • Completing a driver’s education course
  • Completing a training course focused solely on motorcycle riding
  • Be at least 16 years of age

Those who are younger than 16 years old cannot operate a motorcycle in California. If someone who is younger than 16 years of age is pulled over for driving a motorcycle in California, they could face severe jail time, and hefty fines. This could be even more severe if the driver was also under the influence of drugs and alcohol.

Who is held responsible for a motorcycle accident?

In order to determine who the potential parties are in your motorcycle accident claim, We invite you to schedule a no-obligation consultation with our experienced legal team. Our legal team will take a look at all the circumstances regarding your motorcycle accident claim and determine who the liable parties may be. The different types of libel parties we have experienced include:

  • Other motorcyclists on the road: this occurs when one motorcyclist rear-ends another motorcyclist
  • Car drivers: this can occur when the driver is engaged in distracted driving, like texting and driving or eating and driving
  • Truck drivers: when truck drivers drive negligently, they may not have enough time to come to a complete stop, and may collide with the motorcycle
  • Motorcycle manufacturer or retailer: if there is a defect in the motorcycle that caused the injury, the victim may be able to hold the motorcycle manufacturer responsible

What is the minimum age limit for riding a motorcycle?

California does not have a specific age limit as to who can be a passenger in a motorcycle. However, there are several other laws still in place that limit who can be a passenger on a motorcycle. For example, the different restrictions include:

  • California Vehicle Code Section 27800 states that the passenger must be properly secured and fastened on the seat. The passenger must be able to have space on the seat. The passenger must also have their own separate footrest. If your foot does not reach the footrest, it most likely is illegal to ride as a passenger on a motorcycle. For example, young children may not be able to reach the foot rests. This is indirectly a law that restricts young children from riding as a passenger. You could potentially get pulled over for having your passenger not be able to rest their feet on the foot rest.
  • California Vehicle Code Section 27360 states that children that are under the age of 8 years old must be in a restraining system, regardless of whatever type of vehicle they are in. This also includes motorcycles. Because motorcycles do not physically have the ability to install a restraint system in the back for passengers, this essentially means that young children under 8 will not be able to be a passenger on a motorcycle.

Who is liable for passenger injuries in California?

If you have a child as a passenger in your motorcycle, and your child has been injured in a motorcycle accident, you may be able to hold the responsible party liable for the injuries sustained to your child. The biggest type of compensation for a child who is injured is their medical bills. Motorcycle injuries are very severe and can result in thousands of dollars in medical bills that must be compensated.

Although you have the right to file a lawsuit against the other party involved in the accident, your liability will also be a determining factor on how much you can receive in compensation. California is a pure comparative fault state, which means that you will still be able to recover despite the fact that you were determined to be partially liable. If the motorcyclist was partially liable by having a child as a passenger, the amount of compensation they could receive will be decreased based on their liability.

Have you been involved in a motorcycle accident?

If you or a loved one have been involved in a serious motorcycle accident, you are not alone. Our attorneys are on standby 24/7 to make sure that you have all your questions and concerns regarding your motorcycle accident injury answered. We always want to make sure that everyone is comfortable when filing a lawsuit, and we provide our individualized attention to each motorcycle case. We have been representing motorcycle accident victims for decades, and have recovered over hundreds of millions of dollars for our clients. Our attorneys will be able to put your mind at ease while you focus on your injuries, we will focus on the legal claims.

***Disclaimer: The content of this webpage, created by Heidari Law Group, is intended solely for educational purposes. While it endeavors to provide a general understanding of the law, it should not be construed as specific legal advice. Accessing and reading this site does not establish an attorney-client relationship with any member of Heidari Law. Furthermore, please be aware that the legal landscape is constantly evolving, potentially rendering some information outdated or inapplicable.

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Sam Heidari

Sam Ryan Heidari

Sam Heidari is the founding principal of Heidari Law Group, a law firm specializing in personal injury, wrongful death, and employment law with offices in California and Nevada. Sam Heidari has been practicing law for over 11 years and handles a wide range of cases including car accidents, wrongful death, employment discrimination, and product liability. The Heidari Law Group legal firm is known for its comprehensive approach, handling cases from initial consultation through to final judgment. Sam Heidari is dedicated to community involvement and advocacy for civil liberties.

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