As a personal injury law firm that regularly handles motorcycle collision claims, Amerberg Law Group fields many questions about California's laws on carrying passengers on motorcycles and how liability is determined when a passenger is injured. Answering these questions requires a careful look at the California Vehicle Code alongside general negligence law. Below, our attorneys address some of the questions we hear most often on this topic.
"Is it permissible to have a passenger on the back of my motorcycle?"
As with many legal questions, the answer depends on several factors. The primary law governing the issue is California Vehicle Code §27800, which prohibits carrying passengers on motorcycles unless certain conditions are met. These conditions include having a securely fastened seat with footrests on the motorcycle, or a sidecar specifically designed for carrying passengers, and requiring the passenger to keep their feet on the foot pegs while riding.
What is the minimum age requirement in order to be a passenger on the back of a motorcycle?
The answer starts with California Vehicle Code §27800, discussed above. If a passenger is unable to reach the footrests, carrying them on a motorcycle is illegal. In addition, California Vehicle Code §27360 requires children under the age of eight to be seated in a "passenger restraint system meeting applicable federal motor safety standards" (i.e., a child safety seat) when riding in all motor vehicles. As a result, a child cannot legally ride on the back of a motorcycle until they are at least eight years old and tall enough to reach the footrests.
Is it mandatory for the motorcycle passenger to wear a helmet, just like the driver?
Yes. California Vehicle Code §27803 requires both the driver and any passenger riding a "motorcycle," "motor-driven cycle," or "motorized bicycle" to wear a helmet. The helmet must meet the minimum safety standards set out in California Vehicle Code §27802.
Who is legally responsible or liable if a motorcycle passenger is injured or killed in a crash?
Determining liability in a motorcycle accident involving a passenger depends on the specific facts of the crash. If the motorcycle operator violated any of the laws discussed above, they may be held partially at fault. Likewise, if the passenger failed to wear a helmet as required by law, they may be considered partially responsible for their own injuries. Beyond these specific vehicle code violations, determining fault in a motorcycle accident requires careful analysis by a qualified motorcycle injury lawyer.
California is a comparative fault state, meaning a judge or jury closely examines the evidence to determine how fault should be allocated among all parties involved. This allocation depends on many factors, including distances, reaction times, the ability to avoid the collision, visibility, lighting, and the speeds of the vehicles involved. Motorcycle injury attorneys often work with accident reconstruction experts to review the police report, inspect the scene, and reach a determination on fault. Ultimately, it is the judge or jury who decides whether the motorcycle passenger is entitled to compensation, who is responsible for paying it, and what percentage of fault applies to each party.
