Hurt in a Motorcycle Crash? Talk to Colvin Accident Lawyers in Bakersfield

A motorcycle accident lawyer handles injury claims for riders and their families after a crash. This page is for two common situations. In the first, a car hits a rider who is lane splitting. In the second, a driver or insurer says the rider caused the crash by splitting lanes.

Motorcycle claims are personal injury claims. They seek payment for medical bills, lost income, and pain and suffering. Under Vehicle Code section 17150, a vehicle owner is liable for injury caused by a negligent driver who uses the vehicle with the owner’s permission. That can matter when the car belongs to someone other than the driver.

Colvin Accident Lawyers handles motorcycle accident claims, along with car, truck, bus, wrongful death, and catastrophic injury cases. The firm is based in Bakersfield, California, and serves riders in Kern County and nearby communities, including Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi. If you want your own facts reviewed, contact our team.

Is Lane Splitting Legal in California?

Vehicle Code section 21658.1 addresses lane splitting, the practice of riding a motorcycle between rows of stopped or moving vehicles in the same lane. Its text does not itself declare lane splitting legal or illegal.

Lane splitting means driving a motorcycle with two wheels on the ground between rows of stopped or moving vehicles in the same lane. The statute covers both divided and undivided roads.

The statute lets the California Highway Patrol develop educational guidelines on lane splitting. When it does, the CHP must consult agencies and organizations with an interest in road safety and motorcyclist behavior, including, but not limited to, the Department of Motor Vehicles, the Department of Transportation, the Office of Traffic Safety, and a motorcycle organization focused on motorcyclist safety.

A crash during lane splitting does not, by itself, show that the rider was at fault. Fault turns on what each driver and rider did before the impact, so the facts of the ride matter.

How Fault Is Decided When a Car Hits a Lane-Splitting Rider

Under Li v. Yellow Cab Co., an injured person’s damages are reduced in proportion to their own fault.

Fault questions often focus on driver conduct. Under Civil Code section 1714, a person is responsible for injury caused by want of ordinary care, except so far as the injured person has, willfully or by want of ordinary care, brought the injury upon himself or herself. A driver who turns across a rider’s path, changes lanes, or opens a door without looking may share responsibility. A driver who goes faster than conditions allow can also violate Vehicle Code section 22350, which bars driving faster than is reasonable or prudent.

The rider’s own speed and lane position can be argued too.

Investigators typically ask where each vehicle was, how fast each moved, what the traffic and signals were, and how visible the rider was. The answer depends on the facts of each crash.

Common Fault Arguments and the Evidence That Tests Them

Drivers and insurers often argue that the rider was cutting between cars, speeding, or in the wrong lane position. Each argument can be tested with evidence.

• “The rider was cutting between cars.” Scene photos and vehicle damage patterns can show where each vehicle was at impact.
• “The rider was speeding.” Vehicle data, where available, and witness accounts can test speed.
• “The rider was in the wrong position.” Traffic camera or dashcam footage, plus witness statements, can show lane position and traffic.
• “The driver was not distracted.” If a driver held a phone, Vehicle Code section 23123.5 limits handheld use while driving, so phone use can be relevant.

Keep the motorcycle, helmet, and gear, and photograph the scene as soon as you can. Physical items and early photos are hard to recreate later.

An insurance adjuster may ask you for a recorded statement soon after a crash. Talk with Colvin Accident Lawyers before you give one, so you understand how your words may be used in the claim.

What Colvin Accident Lawyers Covers in a Motorcycle Claim

Colvin Accident Lawyers covers the investigation, medical records, insurer communication, and damages in a motorcycle claim. Readers who look for motorcycle accident lawyers usually want to know what the lawyer does after the crash.

• Investigating how the crash happened, including the lane-splitting and fault questions.
• Gathering medical records and bills that show your injuries and treatment.
• Handling communication with insurance companies, so you don’t negotiate alone.
• Reviewing damages. Civil Code section 3333 measures damages for the breach of an obligation not arising from contract as the amount that compensates for all the detriment proximately caused by the breach, whether or not it could have been anticipated, except where otherwise expressly provided by this Code.
• Handling catastrophic injury and wrongful death matters, with the same case-by-case review.

Some crashes cause serious harm. A motorcycle crash can cause traumatic brain injury.

No lawyer can know a result in advance. Each result turns on that case’s evidence and facts.

What to Expect From First Call to Resolution

Your claim moves through four stages, from the first consultation to a settlement or a lawsuit.

1. Consultation. We review the crash, your injuries, and any insurer contact.
2. Evidence. We gather scene, vehicle, and witness information, and we review the lane-splitting and fault questions.
3. Medical and claim work. We document your treatment and communicate with the insurer.
4. Negotiation or lawsuit. We negotiate and, if needed, file a lawsuit. You stay informed at each stage.

Timing matters. Under Code of Civil Procedure section 335.1, an action for injury to an individual caused by the wrongful act or neglect of another is generally brought within two years, but other rules can apply, including separate claim requirements for claims against government entities. Code of Civil Procedure section 335.1 sets that two-year period, and the California Courts Self-Help Guide explains that exceptions and tolling can apply.

How long each stage takes varies with your injuries, the insurer’s response, and court schedules.

How to Evaluate a Motorcycle Accident Lawyer Before You Decide

Judge a motorcycle accident lawyer by how clearly they explain fault, evidence, and claim handling. Readers searching for motorcycle accident lawyers often want that answer first.

• Does the lawyer explain the fault rules that apply to lane splitting?
• Does the lawyer describe the evidence they will gather and why?
• Is it clear how the claim will be handled and who is working on it?

Colvin Accident Lawyers is based in Bakersfield, California. Donald Norman Colvin is the responsible lawyer for this page. Our support staff handles office and case administration. Our lawyers review each motorcycle case on its own facts. Clear answers to these questions show how a lawyer thinks about your case.

Questions Riders and Families Ask Before Calling

Talk With Colvin Accident Lawyers About Your Ride

If you searched for motorcycle accident lawyers after a crash, you may now be facing an insurer who says you caused it. You don’t have to sort out fault alone. Reach out to Colvin Accident Lawyers through our contact page, and we’ll review your crash facts, including any lane-splitting questions, under California’s comparative fault rule (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).

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