Hurt in a Motorcycle Crash? Find Out If You Can Sue.

Yes, in many cases you can sue the driver whose carelessness caused your motorcycle crash. A negligence claim seeks money for your injuries and losses. Each claim turns on its own facts, including how the crash happened and who had the right of way. This guide explains who can be held responsible, what you must prove, and the deadlines that apply in California. Colvin Accident Lawyers is based in Bakersfield, California, and this page is written for riders and families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

Yes, You Can Often Sue the Driver Who Crashed Into You

A rider or passenger can usually bring a negligence claim against a driver whose carelessness caused the crash. Negligence means a driver did not use the care a reasonable driver would use in the same conditions.

Common examples include:

• A driver turns left in front of a motorcycle.
• A driver fails to yield at an intersection.
• A driver changes lanes into a rider’s path.
• A driver speeds, is distracted, or is impaired.

Speeding is one of the clearest examples. Vehicle Code § 22350 bars driving faster than is reasonable or prudent for the weather, visibility, traffic, and road. It also bars any speed that endangers people or property.

The at-fault driver is the main target.

What You Must Prove in a California Motorcycle Crash Claim

You must show the driver owed you a duty of care, broke that duty, and caused your harm.

• Duty: Every driver on California roads owes others reasonable care.
• Breach: The driver acted carelessly, such as by speeding, ignoring a signal, or looking away from traffic.
• Causation: The careless act directly led to the crash and to your injuries or losses.
• Damages: You suffered real harm, such as medical bills, lost pay, or a damaged motorcycle.

Useful evidence includes:

• The police report
• Photos of the scene, the vehicles, and any skid marks
• Witness names and statements
• Dashcam or traffic camera footage, when it exists
• Medical records and repair estimates

Evidence can disappear quickly. Many riders wait too long to save damaged gear, phone photos, or video. Acting early helps protect your proof.

What Compensation May Include After a Motorcycle Crash

Compensation may cover your economic losses and your non-economic losses caused by the crash. Under Cal. Civ. Code § 1431.2, the liability of each defendant for non-economic damages is several only and shall not be joint.

Under Civil Code § 1431.2, economic losses are objectively verifiable money losses. Non-economic losses are subjective harms, such as pain and emotional distress.

Possible losses include:

• Emergency care, surgery, hospital stays, and physical therapy
• Future medical care tied to the crash
• Wages missed during recovery, and lost earning ability if the injury affects future work
• Damage to the motorcycle, helmet, riding gear, and personal items
• Pain, suffering, and emotional distress

California also splits non-economic damages by fault. Each defendant pays only its own percentage of those damages, under the same statute.

After a fatal crash, Code of Civil Procedure § 377.60 lists who may bring a wrongful death claim. That includes a surviving spouse, domestic partner, children, and certain dependents, or a personal representative on their behalf.

No particular amount can be predicted. Values turn on injuries, medical proof, and the facts of the crash.

Filing Deadlines and Claims Against Public Agencies

Code of Civil Procedure § 335.1 sets the two-year rule for injury to a person caused by another’s wrongful act or neglect. That same section covers a claim for the death of an individual.

The California Courts Self Help Guide says injury lawsuit deadlines generally run two years from the injury. It notes exceptions and tolling can change that.

Damage to your motorcycle can carry its own filing period. Review it alongside the injury deadline.

If a road defect, a poorly marked work zone, or a government vehicle played a role, the rules change. A written claim must be presented to the public agency within six months for injury or death (Government Code § 911.2). A lawsuit against a public entity generally cannot start until that claim is acted on or deemed rejected (Government Code § 945.4).

A missed deadline can end a claim. Early review keeps your options open.

Insurance, Shared Fault, and How the Claim Process Unfolds

The at-fault driver’s liability insurance is often the first source of payment. If the other driver is uninsured or flees, uninsured motorist coverage may apply.

Insurers may ask for a recorded statement or make an early offer. Understand your injuries before you accept any offer or speak on the record.

The typical path looks like this:

1. A free consultation to review the crash, your injuries, and the deadlines.
2. Evidence gathering, including the police report, scene photos, and medical records.
3. Presenting the claim to the insurer or responsible party, backed by documented losses.
4. Negotiation and, if needed, a lawsuit filed before the deadline.

Timelines vary. Serious injuries, disputed fault, and multiple insurers often take longer.

Why Injured Riders Contact Colvin Accident Lawyers

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm handles motorcycle accident claims along with car, truck, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death matters.

Donald Norman Colvin is the responsible lawyer for this page. Our team includes lawyers and support staff who review crash facts, explain deadlines, and outline the evidence and steps involved.

The goal of a first conversation is to help you understand your options before you decide anything. No one can predict the outcome of a claim, because every crash and every injury is different.

Our free first consultation is confidential and comes with no obligation to continue.

Common Questions About Suing After a Motorcycle Crash

Short answers below cover fault, hit-and-run crashes, passengers, and timing.