Donald Colvin, Esq

Motorcycle Accidents California Biker Rights This May

May is National Motorcycle Safety Awareness Month — and if you ride in Bakersfield or anywhere in the Central Valley, this month is a timely reminder that knowing your rights on the road is just as important as knowing how to ride. As a motorcycle accident attorney serving Bakersfield and the surrounding communities, Colvin Accident Lawyers wants every rider to understand what California law guarantees them — and what to do if a negligent driver takes that away.

The Reality of Motorcycle Crashes in California

California is one of the most active motorcycle states in the country. The weather invites year-round riding, and thousands of Central Valley residents depend on their bikes for daily commuting, recreation, and livelihood.

But the roads are not always safe. Most serious motorcycle crashes do not happen because a rider made a mistake. They happen because a driver failed to see them, failed to yield, or failed to pay attention. When that happens, the physical consequences for a rider are severe — and the legal and financial fallout can be just as devastating.

You deserve to know your rights before that moment comes. And if it already has, you deserve to know there is support available.

Your Rights as a Motorcyclist Under California Law

1. You Have the Same Right to the Road as Any Driver

A motorcycle is a legally recognized vehicle in California. Riders have the full right to occupy a travel lane, and no driver can legally crowd them, force them toward the shoulder, or intimidate them off the road. If a driver does any of these things and causes a crash, that driver is liable.

2. Lane Splitting Is Legal — and Protected

California remains the only U.S. state where lane splitting is explicitly legal. If you were riding between lanes of slow or stopped traffic in a safe and reasonable manner and a driver struck you by changing lanes without checking, that driver can be held fully responsible. A driver’s irritation at lane splitting does not erase their legal duty of care toward you.

3. Comparative Fault Works in Your Favour

California follows a pure comparative fault system. Even if you bear some responsibility for the accident, you can still recover compensation — your award reduces by your share of fault, but it does not disappear. This matters enormously in motorcycle cases, where insurers routinely try to pin partial blame on the rider to reduce or deny a claim.

4. You Have the Right to Decline an Early Settlement

After a crash, insurance adjusters often move quickly — sometimes within days — with a settlement offer. You are never obligated to accept it. Signing a release early, before you understand the full scope of your injuries, can permanently close the door on further compensation. You have every right to pause, consult a lawyer, and make an informed decision.

5. You Have the Right to Legal Representation

You do not have to manage an insurance claim, a police report, and your recovery at the same time. An experienced motorcycle accident attorney can take on the legal burden so you can focus on healing.

What to Do Right After a Motorcycle Crash in Bakersfield

If you are physically able, the steps you take in the first hours after a crash shape the strength of your claim:

  • Call 911. An official police report is a critical piece of evidence.
  • Photograph everything. The scene, your injuries, the vehicles involved, road conditions, and any debris or skid marks.
  • Gather information. The other driver’s name, licence plate, insurance details, and contact information for any witnesses.
  • Get medical attention immediately. Even if you feel relatively okay, adrenaline can mask serious injuries. A medical record from the day of the crash also protects your claim.
  • Do not give a recorded statement to the other driver’s insurance company before speaking with a lawyer.

 

How Insurers Attempt to Undermine Motorcycle Claims

We want to be honest with you about what often happens after a serious crash. Insurance companies — even your own — are businesses. Their goal is to minimize what they pay out. In motorcycle cases, common tactics include:

Blaming the rider first. Insurers frequently raise questions about speed, lane splitting, or protective gear — regardless of whether any of those factors actually contributed to the crash.

Disputing injury severity. Traumatic brain injuries, spinal damage, and internal injuries are not always obvious on early scans. Insurers sometimes challenge the severity of your injuries before your full medical picture has emerged.

Offering a fast, low settlement. Speed is a strategy. A quick offer, accepted before you know what your recovery will actually cost, benefits the insurer — not you.

A motorcycle accident attorney who knows Bakersfield courts and California personal injury law can recognize these tactics and respond to them effectively.

Colvin Accident Lawyers: Bakersfield’s Advocate for Injured Riders

We know that being injured in a motorcycle crash can turn your life upside down. Medical bills accumulate. Time away from work compounds the financial pressure. And all of this happens while you are trying to heal physically and emotionally.

You should not have to fight an insurance company at the same time.

Colvin Accident Lawyers represents injured riders and their families across Bakersfield and the Central Valley. We handle the legal process — the investigation, the negotiations, and if necessary, the litigation — so you can focus on what matters most: your recovery and your family.

We work on a contingency basis. That means you pay nothing unless we recover compensation for you.

Contact Colvin Accident Lawyers today for a free, confidential consultation. There is no obligation, and no cost to speak with us. You deserve answers — and we are here to provide them.

Call us or visit our website to schedule your free consultation.

Frequently Asked Questions

Q: I wasn’t wearing a helmet when the crash happened. Do I still have a case?

A: We hear this question often, and we want to reassure you — not wearing a helmet does not automatically disqualify you from compensation. California law does require helmet use, and it may factor into the assessment of your injuries. But under California’s comparative fault rules, you can still recover damages even if you share some degree of responsibility. Please do not assume your case has no value before speaking with us. Many riders in your situation have recovered meaningful compensation.

Q: What if the driver who hit me drove away or has no insurance?

A: This is a frightening situation, and you are not without options. If you carry uninsured or underinsured motorist (UM/UIM) coverage on your own policy, it exists precisely for this scenario — your insurer compensates you and then pursues the at-fault driver. If you are unsure what your policy covers, we can help you review it and understand your options. You should not be left without recourse simply because the other driver was irresponsible.

Q: How long do I have to file a claim in California?

A: In most motorcycle accident cases, California law gives you two years from the date of the crash to file a personal injury lawsuit. However, if a government entity is involved — for example, a city or county road defect contributed to your crash — that window can shrink to as little as six months. We strongly encourage you to speak with a lawyer as soon as possible, not because we want to rush you, but because evidence fades and timelines matter.

Q: I feel partly responsible for the crash. Is it still worth calling a lawyer?

A: Yes — absolutely. California’s comparative fault system exists specifically for situations like yours. Even if you were 30% at fault, you may still recover 70% of your damages. Insurers often exaggerate a rider’s share of fault to reduce what they owe. Having a lawyer review the facts protects you from accepting a distorted version of what happened.

Q: What can I be compensated for after a motorcycle accident?

A: Depending on the circumstances of your case, you may be entitled to compensation for current and future medical expenses, lost wages and reduced earning capacity, motorcycle repair or replacement, pain and suffering, and emotional distress. Every case is different, and the full value of yours depends on your specific injuries and the evidence available. We can walk you through what applies to your situation during a free consultation — with no pressure and no obligation.

Q: Do I really need a lawyer, or can I manage the claim myself?

A: You can manage it yourself — and some people do. But we want to be transparent with you: injured riders who work with an experienced personal injury attorney consistently recover more, even after legal fees. Insurance adjusters are professionals trained to protect their company’s interests. Having someone equally knowledgeable in your corner makes a real difference. And with a contingency fee arrangement, there is no financial risk to you in getting that support.