Injured on a Motorcycle in Bakersfield? Talk With Colvin Accident Lawyers.

What Rights Do You Have After a Motorcycle Crash in California?

If you’re asking what rights do I have after a motorcycle crash in California, the short answer is this. California law generally lets an injured rider seek compensation from the person whose carelessness caused the crash. Deadlines are strict, so early action matters. This guide explains the core rules in plain terms for riders and families in Kern County and nearby communities.

What Rights Does California Give an Injured Motorcyclist?

California law generally gives an injured rider the right to seek damages from a negligent person. Negligence means carelessness that causes harm. Under Civil Code § 1714, everyone is responsible for injury caused by a want of ordinary care, except so far as the injured person’s own willful or careless conduct brought the injury on themselves.

The at-fault person owed you a duty of care. They broke that duty. Their conduct caused the crash. You suffered real harm, such as injuries, medical bills, or a damaged motorcycle.

It is not an automatic payment. Insurers and courts look at the facts before any money is paid. Our related page on motorcycle accident compensation explains how losses are grouped. Keep in mind that every case turns on its own facts.

Who Can Be Held Responsible for a Motorcycle Crash?

The responsible party is often the driver who caused the crash. A driver who turns left across a rider’s path is a common example. A driver who follows too closely can also be at fault. Under Vehicle Code § 21703, a driver shall not follow another vehicle more closely than is reasonable and prudent.

Vehicle owners can also carry responsibility. Under Vehicle Code § 17150, an owner is liable for injury caused by a negligent driver using the vehicle with the owner’s permission. Commercial drivers, such as truck and bus operators, and the companies that employ them may also be responsible when the facts support it.

Property owners can be responsible too. A road hazard on private property can cause a crash. When a public entity is involved, Government Code § 835 sets out when it can be liable for a dangerous condition on its property. More than one party can share fault. Finding every responsible party is part of building a claim.

How Is Fault Proven in a Motorcycle Accident Claim?

Useful evidence includes the police report, witness statements, photos of the scene and vehicles, damage patterns, and signal or sign details. Medical records that link your injuries to the crash also matter.

Evidence is time-sensitive. Scenes change, skid marks fade, and damaged vehicles get repaired or hauled away. Early steps help keep physical proof intact.

Your own account of the crash is important. Insurers and courts compare that account with physical evidence and records. Consistent, factual details help. Guesses about speed or what the other driver was thinking do not. A common mistake is waiting weeks to start gathering proof. Another is posting details of the crash online before talking through the facts.

Does Partial Fault Reduce a Motorcycle Claim, and Does Helmet Use Matter?

A person’s partial fault does not erase the claim.

Helmets are required by law in California. Vehicle Code § 27803 says a driver and any passenger must wear a safety helmet meeting the requirements of § 27802. It is unlawful to operate or ride a motorcycle without one. Under Cal. Veh. Code § 27803, a driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle, and the section applies to persons who are riding on those vehicles operated on the highways.

Helmet use can come up when the other side discusses fault or injuries. The helmet rule and the injury facts are both examined closely. Your records, your medical history, and the crash facts all shape how these points are handled.

What Damages Can a Motorcycle Crash Victim Claim?

Damages fall into two main groups. Economic damages are objectively verifiable money losses. Civil Code § 1431.2 defines economic damages as objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities. Non-economic damages are subjective losses, such as pain, suffering, emotional distress, and loss of companionship.

Section 1431.2 also says each defendant’s liability for non-economic damages is several only. Each defendant pays only the share matching its percentage of fault for those losses.

Some limits apply in narrow cases. Civil Code § 3333.4 bars non-economic recovery in certain motor vehicle cases. Examples include an injured operator convicted of driving under the influence at the time of the crash, or an uninsured owner. These limits have exceptions, so the facts matter.

Documentation drives each category. Medical bills, treatment notes, wage records, and repair estimates all help. No formula sets the value of a claim.

What Are the Deadlines for a Motorcycle Accident Claim?

For personal injury claims against a public entity, the claim must be presented as provided in Article 2 not later than six months after the cause of action accrues. Code of Civil Procedure § 335.1 covers an action for injury to an individual or death caused by another person’s wrongful act or neglect, within two years.

Claims against a public entity move faster. Government Code § 911.2 says a claim for death or injury to person must be presented not later than six months after the cause of action accrues. A city, county, or state agency involved in a road defect may fall under this rule.

Missing a deadline can end your right to sue. Early review helps protect your options.

How Should You Talk to Insurance Companies After a Crash?

Report the crash to your own insurer as your policy requires. Keep a written log of every call, date, and name. Ask for copies of what you sign.

Be careful with recorded statements and quick written forms from the other side’s insurer. Stick to facts you know, such as the time, place, and what you saw. Avoid guesses about fault, speed, or how hurt you are. Injuries can develop over days or weeks, so describe what you know now and say when you learn more.

Our related page on motorcycle insurance claims in California covers these steps in more detail.

What Are the Lane Splitting Rules and Other Common Crash Scenarios?

Vehicle Code § 21658.1 defines lane splitting as driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane. It also lets the California Highway Patrol develop educational guidelines.

Fault in a lane-splitting crash depends on the facts. Lane changes, speed, mirror checks, and blind spots all matter.

Other common patterns include left-turn collisions, rear-end crashes, sideswipes, and road hazards. Each one links back to the fault and evidence points above. A rear-end impact may involve the following-distance rule in § 21703.

What Should Families Know About Fatal Motorcycle Crashes and Serious Injuries?

When a rider dies, certain family members may bring a wrongful death claim. Code of Civil Procedure § 377.60 lists who may sue. The list includes a surviving spouse or domestic partner, children, certain dependents, and the decedent’s personal representative acting for them.

Serious injuries can also carry long-term needs. Traumatic brain injury and spinal cord injury often require ongoing care. Researchers describe persistent postconcussion syndrome after mild traumatic brain injury in a study of hyperbaric oxygen therapy. Symptoms can last, so documentation matters.

Families and injured riders need different records. Injured riders need medical care plans and wage records. Families may need proof of household contributions and the decedent’s role in daily life.

Where Does Colvin Accident Lawyers Handle Motorcycle Claims?

Colvin Accident Lawyers is based in Bakersfield, California. The firm handles motorcycle accident claims for riders and families in Kern County and nearby communities. These include Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

The firm also handles car, truck, bicycle, pedestrian, dog bite, premises liability, bus, wrongful death, and catastrophic injury claims. Each area has its own facts and rules. A crash often involves more than one of these areas.

Plain-language pages on each county and practice area can help you compare your own situation. Our team can review the facts of your crash with you.

Who Handles Your Case, and What Do Results Depend On?

Donald Norman Colvin is the lawyer responsible for this page. Our team includes support staff who help with intake, records, and scheduling. The firm’s lawyers work on matters as needed.

Past results and examples depend on the facts and law of each case. Results will differ when the facts differ. No honest lawyer can predict or ensure an outcome. This page does not predict what any claim is worth.

Frequently Asked Questions

Talk With Colvin Accident Lawyers About Your Motorcycle Crash

If you’re dealing with medical bills, a damaged motorcycle, an insurer’s questions, and a two-year clock, you’re not required to face it alone. Riders and families may have questions about what comes next. Colvin Accident Lawyers offers a free, confidential first consultation, with no obligation to continue. Contact us at colvinaccidentlawyers.com/contact to talk through your crash.

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