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At What Age Can A Child Ride On The Back Of A Motorcycle?
In 2017, the California Highway Patrol (CHP) reported that 566 motorcyclists died in traffic accidents. Some (75) were not wearing helmets at that moment. Regrettably, helmets canโt always prevent motorcycle accident deaths, especially when the victim is a child. Young motorcycle passengers are particularly vulnerable to personal injuries in traffic accidents.
The CHP reports that in 2017, there were 725 deaths among motorcycle riders who were between the ages of 15 and 24.
Some of the nationโs deadliest motorcycle accidents in 2017 occurred in counties such as Los Angeles, Riverside, and San Diego. Still, no California law prohibits minors from riding on the back of a motorcycle. Despite a lack of security devices and no protective metal shell like in a car, kids may ride motorcycles in California, provided that they meet specific requirements.
Are Kids Legally Allowed To Ride As Passengers On Motorcycles In California?
Kids can ride as passengers on motorcycles in California. Even though the nationโs seat belt legislation says that children under the age of eight should have appropriate security restraint harnesses when riding in motor vehicles, these laws do not apply to motorcycles. Children are not required to wear seatbelts on motorcycles, despite this potentially increasing safety.
The California Motorcycle Handbook says that children may ride motorcycles provided that passengers take the following โappropriate precautionsโ:
- Owning a motorcycle with a passenger seat and passenger footrests.
- Confirming whether the child is tall enough to reach the footrests.
- Equipping the child with a comfortable, federally approved safety helmet.
- Dressing the child in motorcycle equipment: long pants, closed-toe sneakers, protective gloves, and a thick coat.
- Installing a restraint program for a child passenger.
Most authorities agree, however, that parents should avoid letting their children ride on the backs of motorcycles when possible. In an accident, kids are vulnerable to devastating and deadly injuries, such as traumatic brain injury, spinal cord injuries, or organ damage. While an adult motorcyclist can understand and accept those risks, minor passengers are more susceptible to fatal injuries. In the event of a crash, a motorcycle accident lawyer can help a victim understand their rights.
Age Requirements For Riding On Motorcycles
California does not have a minimum age for children to ride on motorcycles. Instead, thereโs an overall height requirement, which is the same as the obligation for using a security restraining device in motor vehicles.
A child has to be four feet, eight inches tall to ride on the back of a motorcycle. This is the height where a child no longer needs a car seat and where a child can reach motorcycle passenger footrests. If a child is too short to reach the footrests, chances are the kid is an unlawful passenger.
This rule helps prevent tragic consequences, such as the passing of 4-year-old Breann Creer while riding on the back of a Harley-Davidson. No charges were ever filed against the driver of the motorcycle (her momโs boyfriend, who also suffered extensive injuries from the accident).
Itโs uncertain whether Breann was tall enough to ride the back of the motorcycle based on California standards. The accident happened when a tractor-trailer made a U-turn in front of the motorcycle. At the time, the San Bernardino County Sheriff’s Department claimed it didnโt appear to be an illegal maneuver.
Allowing kids to ride as motorcycle passengers is a controversial topic, with lots of differing opinions. However, California law allows it, provided that the child can reach the motorcycleโs passenger footrests and is wearing a helmet.
Whether parents should let kids ride motorcycles is another question. Each situation involves unique factors that may affect legal responsibility. When negligence is involved, accident lawyers can help you understand your options based on the specifics of your case.
Get Help From California Motorcycle Accident Lawyers
If your child suffered injuries in a motorcycle accident, seek counsel from an experienced motorcycle accident attorney. You might have grounds to file a claim against the motorcycle driver, another driver, a parts manufacturer, or a different party who may be accountable for damages.
A California motorcycle accident lawyer can help you work through the details of your situation. Our lawyers are ready to represent clients across California, including Los Angeles, Riverside, San Jose, San Francisco, Sacramento, San Diego, and Sherman Oaks.
