Hurt in a Motorcycle Crash? Talk With a Bakersfield Motorcycle Accident Lawyer

Motorcycle Accident Lawyer in Bakersfield and Kern County

A motorcycle accident lawyer looks into how a crash happened, identifies who may be responsible, and deals with insurers for the injured rider or passenger. The lawyer also pursues compensation for medical bills, lost income, property damage, and, in a fatal crash, the family’s losses. This guide explains what to do after a crash, how California law shapes a claim, and the deadlines that matter most. Colvin Accident Lawyers is a personal injury practice based in Bakersfield, California.

Quick Answer: What a Motorcycle Accident Lawyer Does and When One Helps

A motorcycle accident lawyer investigates the crash, finds the parties who may be responsible, and handles claim communications with insurers. Some accident cases involve serious injuries, disputed fault, an insurer that delays or denies a claim, a fatal crash, or a truck or bus. Donald Norman Colvin is the lawyer at Colvin Accident Lawyers. Our team includes support staff who assist with intake, records, and office work. The firm serves accident victims and families from its Bakersfield base, including Kern County and nearby communities.

What to Do in the First Hours After a Motorcycle Crash

Your first priority is safety and medical care. If you can move out of traffic safely, do so, call 911, and ask for a medical check even if you feel only a little hurt. Some injuries show up later. A motorcycle crash can cause a traumatic brain injury, including severe brain damage, so symptoms should never be ignored. Next, document the scene. Take photos of vehicle positions, damage, road conditions, skid marks, and visible injuries. Write down names and phone numbers of drivers and witnesses. If it’s safe, leave your bike and gear as they are, and note where it was towed. Those items are part of the claim. Early medical records matter too. Symptoms written down soon after a crash are easier to connect to it later.

What Not to Say to Insurers or an Injury Lawyer

Be careful with what you say to an insurer. Avoid guessing about speed, fault, or how hurt you are. This matters most in a recorded statement given before you understand your injuries. Don’t sign a release or accept an early payment until you know the full scope of your injuries and property loss. An early offer may not cover care you need later. Be complete and honest with your own lawyer. Share prior injuries, past treatment, and your full medical history. That information lets a lawyer judge the claim accurately. Watch social media, too. Posts about the ride, the crash, or physical activity can be used to dispute injuries. It’s wise to pause those posts while a claim is open.

How a Motorcycle Accident Lawyer Works Through a Claim

A motorcycle accident lawyer usually works in clear stages: intake, investigation, negotiation, and, if needed, a lawsuit. At intake, the lawyer reviews the crash, your injuries, and the insurance information you have. Investigation comes next. That can include the police report, photos and video, medical and repair records, and every insurance policy that may apply. The at-fault driver’s policy is not always the only source, so all available coverage should be identified. Then the lawyer communicates with insurers and negotiates. When a claim is ready, a demand package is prepared. If insurers won’t resolve the claim fairly, a lawsuit may follow. Discovery and trial preparation take time. The pace of each stage varies from case to case.

Who Can Be Liable in a Motorcycle Crash

Liability asks who may legally be responsible for the harm. Under California law, Civil Code § 1714 makes everyone responsible for injury caused by a want of ordinary care in managing their property or person. Cal. Civ. Code § 1714 reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” Common examples include a left turn across a rider’s path, a rear-end impact, a driver changing lanes into a motorcycle, and a parked car’s door opening into a rider’s path. Truck and bus crashes add more possible parties, such as the driver and the company that operates the vehicle. A public entity may also be involved. A city, county, or the state can be liable for a dangerous condition of its property, but only under specific conditions. Several parties may be connected to a crash, and the facts of each case determine who may be responsible. Separate pages on this site cover left-turn crashes, dooring, truck blind-spot collisions, and defective parts.

California Liability Rules That Apply to Motorcycle Crashes

How fault is assessed can affect the compensation available in an accident claim, and the facts of each case determine how it applies. Fault is often disputed, and police reports and insurer determinations are evidence, not final rulings. Under Civil Code § 1431.2, in any action for personal injury, property damage, or wrongful death based upon principles of comparative fault, each defendant’s liability for non-economic damages is several only. That means each defendant pays only its share of fault for pain, suffering, and emotional distress. Speed matters too. Vehicle Code § 22350 says no one may drive faster than is reasonable or prudent for weather, visibility, traffic, and the road. Lane splitting is defined by Vehicle Code § 21658.1. The section defines it as driving a motorcycle with two wheels on the ground between rows of stopped or moving vehicles in the same lane. It also lets the California Highway Patrol develop educational guidelines on lane splitting.

Helmets, Passengers, and Wrongful Death Claims in California

California requires helmets for riders and passengers. Vehicle Code § 27803 says a driver and any passenger must wear a safety helmet that meets the required standard. Cal. Veh. Code § 27803 reads: “(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.” It also makes it unlawful to operate a motorcycle when the driver or any passenger is not wearing one. The helmet must be fastened and fit securely. The Insurance Institute for Highway Safety reports that California requires all motorcycle riders, including passengers, to wear helmets. How a helmet issue affects an injury claim depends on the facts of the crash and the injuries. Passengers can have claims too. A passenger may have a claim against a negligent rider or driver whose conduct caused the crash. After a fatal crash, Code of Civil Procedure § 377.60 lists who may bring a wrongful death claim. These include a surviving spouse or domestic partner, children, and certain other relatives. The decedent’s personal representative may also bring the claim on their behalf.

Where Motorcycle Crashes Happen in Kern County

Riders in Kern County share the road with heavy traffic on several kinds of routes. State highways such as Highway 58 and Highway 99 carry faster traffic. Bakersfield surface streets bring intersections, turn lanes, and driveways. Rural routes around Tehachapi have long stretches, curves, and changing conditions. Intersections and turning movements are common settings for motorcycle crashes. A left turn across a rider’s path is one of the most frequent examples. Speed rules apply on every road type. Under Vehicle Code § 22350, a driver must slow for conditions such as weather, visibility, and the width and surface of the road. Each crash turns on its own details, including the road layout, the traffic, and the timing of each vehicle’s movements.

Injuries and Losses That Motorcycle Claims May Cover

A motorcycle claim may cover medical bills, lost income, pain and suffering, and property loss. Under Civil Code § 1431.2, economic damages are objectively verifiable monetary losses, such as medical expenses and loss of earnings. Non-economic damages are subjective losses, such as pain, suffering, and emotional distress. Medical care can include emergency treatment, surgery, rehabilitation, and future treatment. Some injuries are severe. The National Institute of Neurological Disorders and Stroke explains that the spinal cord has three layers of protective tissue, and cerebrospinal fluid cushions it against shock. The same source states that an injury between the C1 and C4 segments can stop breathing, because nerves in that region control the diaphragm. Serious injuries often need long-term care planning. Property loss includes the motorcycle, riding gear, and the total-loss valuation process when the bike cannot be repaired.

Deadlines and the Claims Timeline

Most California injury and wrongful death lawsuits must be filed within two years. Code of Civil Procedure § 335.1 sets a two-year limit for an action for injury to an individual or for death caused by another’s wrongful act or neglect. The California Courts Self-Help Guide notes that exceptions and tolling rules can apply, so an early review is wise. If a public entity is involved, the deadline is shorter for the claim itself. Government Code § 911.2 requires a claim for death or personal injury to be presented not later than six months after it accrues. Liability against a public entity for a dangerous condition is also limited. Government Code § 835 requires, among other things, that the entity had actual or constructive notice of the condition in time to protect against it, or that an employee’s negligence created it. Evidence such as vehicle data, video, and witness memories can be lost over time. Early attention helps protect it.

Frequently Asked Questions About Motorcycle Accidents in California

Talk With Colvin Accident Lawyers About Your Motorcycle Crash

If the other driver says the crash was your fault, or your passenger has injuries no one has explained, you may need answers quickly. A family deciding whether a fatal crash should be reviewed faces the same kind of decision. The first consultation is free, confidential, and carries no obligation to continue. You can describe the crash through our contact form.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.