California motorcycle attorney Michael Padway, of Michael Padway & Associates, discusses bias in the courts against motorcycle riders.
Trials are decided by judges and jurors, almost all of whom dislike lane-splitting and loud exhausts. This places motorcycle riders into one of the last classes in our society that routinely face prejudice and discrimination in our courts.
“Overwhelmingly, jurors think riding a motorcycle is dangerous, and that motorcycle riders routinely are speeding,” said attorney Michael Padway, founder of Michael Padway & Associates and the Motorcycle Legal Foundation, who focuses his practice on motorcycle accident litigation. “This needs to be overcome and replaced with the understanding that some accidents involve riders who were not doing anything wrong, but were victimized by a careless motorist who wasn’t watching for motorcycles. Motorcycle riders are at the beginning of their civil rights movement when it gets to making their case in the courtroom.”
When motorcycle riders are injured by careless drivers, the results are usually terrible, serious injuries. A handful of lawyers skilled in representing these injured motorcycle riders fight discrimination in our court system to obtain significant verdicts.
The belief that lane-splitting is less safe is not even true. A study by the University of California Berkeley shows that motorcyclists who split lanes in heavy traffic are significantly less likely to be struck from behind by other motorists and are less likely to suffer head or torso injuries. The study also found that lane-splitting is safe if done in traffic moving at 50 mph or less, and if motorcyclists do not exceed the speed of other vehicles by more than 15 mph.
“On January 1, 2017, California’s pro-lane splitting Bill, AB-51 went live,” concluded Padway. “The AB-51 Bill has now been joined by Section 21658.1 of the California Vehicle Code, which, in effect, legalizes lane-splitting. It also leaves it in the hands of the CHP to determine safety guidelines.”
Motorcycle riders are required to take a safety course or pass a skill test before being licensed. Motorcycle riding is a legal activity. They are entitled to be free from injuries from careless motorists.
About Michael Padway, Michael Padway & Associates
Michael Padway uses his expertise in personal injury and motorcycle accidents to represent a broad spectrum of clients dealing with life-changing and permanent injuries for the first time. For more information, please call (800) 928-1511, or visit http://www.michaelpadway.com.
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