Motorcycle Accidents

A subtype of Motor Vehicle Accidents

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About Motorcycle Accidents

California is one of the few states that legally permits lane splitting, making motorcycle accident liability more complex. Motorcycle riders are far more vulnerable to serious injury than car occupants. Insurance companies often try to shift blame onto the rider, so hiring an experienced attorney is critical to obtaining fair compensation. Recoverable damages include medical expenses, gear replacement, and motorcycle repair or replacement costs.

What insurance companies won't tell you

  • The first offer is usually low

    Adjusters' first offers are often on the low side, and many people accept without knowing. Before you sign anything, it's worth hearing a lawyer out.

  • Your calls may be recorded

    Anything you say to the insurance company can be recorded and affect your claim. Once you have a lawyer, the insurer generally has to communicate with your lawyer instead.

  • Delay is a common tactic

    Medical bills keep growing while they wait for you to get anxious. A lawyer keeps following up and applying pressure so your claim doesn't stall.

What to do right now

  1. Don't talk to the other driver's insurance alone

    The other side's adjuster aims to pay as little as possible. Until you have a lawyer, you don't have to give a recorded statement or sign anything.

  2. Photograph everything at the scene with your phone

    Vehicles, road conditions, injuries, the other driver's plate and insurance — photos and video are the strongest evidence.

  3. See a doctor soon, even if you feel fine

    Injuries can show up days later, and timely medical records matter a great deal to your claim.

  4. Keep every receipt and report

    Medical bills, the police report, proof of missed work — every document can affect your compensation.

  5. Talk to a lawyer as early as you can

    The earlier a lawyer gets involved, the more completely the evidence is preserved. The consultation is free.

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Frequently asked questions

I was lane splitting — can I still recover?

Yes. California is the only state that expressly allows motorcycle lane splitting (Veh. Code §21658.1, since 2016). Lawful lane splitting is not itself fault; even if you're assigned partial fault, pure comparative negligence still lets you recover proportionally.

Does not wearing a helmet hurt my claim?

California requires helmets (Veh. Code §27803). Not wearing one generally doesn't affect claims for non-head injuries — but for head or neck injuries, insurers will argue comparative fault to reduce that part of the recovery.

How do I deal with insurer bias against riders?

The "reckless biker" stereotype is real and used to inflate your share of fault. The answer is hard evidence: dashcam or helmet-cam footage, witnesses, scene photos, and accident reconstruction when needed.

What's different about motorcycle-accident compensation?

The legal rules match car accidents, but riders have no vehicle protection, so injuries are typically more severe — medical costs and non-economic damages loom larger, and your own UM/UIM coverage matters more often.

General information, not legal advice.

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