{"id":3460,"date":"2026-10-27T04:53:58","date_gmt":"2026-10-27T04:53:58","guid":{"rendered":"https:\/\/colvinaccidentlawyers.com\/resources\/motorcycle-accident-lawyer\/how-to-sue-after-a-motorcycle-accident\/"},"modified":"2026-11-06T02:48:45","modified_gmt":"2026-11-06T02:48:45","slug":"how-to-sue-after-a-motorcycle-accident","status":"publish","type":"page","link":"https:\/\/colvinaccidentlawyers.com\/resources\/motorcycle-accident-lawyer\/how-to-sue-after-a-motorcycle-accident\/","title":{"rendered":"Motorcycle Accident Lawsuit in California: How to Sue"},"content":{"rendered":"\n
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Motorcycle Accident Lawyer<\/a> | Bakersfield and Kern County<\/p>

Suing After a Motorcycle Crash in California: How the Process Works<\/h1>

When an insurance claim can't resolve your motorcycle accident, a personal injury lawsuit may be the next step. Here is what that involves, explained in plain language.<\/p>

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By Donald Norman Colvin \u00b7 Published October 27, 2026<\/p>\n\n

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To sue after a motorcycle accident in California, you file a personal injury lawsuit in court against the party responsible for the crash. Most riders first deal with an insurance claim. A lawsuit comes into play when that claim cannot be resolved. This guide explains the steps in plain words.<\/p>\n

If you’re reading this after a crash, you may be hurt, dealing with a damaged bike, and fielding calls from insurers. You may also be worried about someone you love.<\/p>\n

What Suing After a Motorcycle Crash Actually Means<\/h2>\n

A lawsuit is a court case against the person or party responsible for the crash. It is separate from an insurance claim, which usually comes first.<\/p>\n

An insurance claim is a request for payment. An adjuster reviews the crash, the injuries, and the damage. Many claims end without a court case. When they don’t, a lawsuit may be the next step. Filing a claim does not start a lawsuit on its own.<\/p>\n

Does a minor-looking crash still count? Under Civil Code \u00a7 1714<\/a>, everyone is responsible for an injury caused by want of ordinary care. Cal. Civ. Code \u00a7 1714<\/a> 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.” The question is fault and injury, not how the crash looks. Low-speed impacts can still cause serious harm.<\/p>\n\n

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If a crash left you or someone you love hurt, you don't have to work out the deadlines alone. We're glad to talk through your facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Deadlines: How Much Time You Have to File<\/h2>\n

Under Code of Civil Procedure \u00a7 335.1<\/a>, a lawsuit for injury to a person or for death caused by another’s wrongful act or neglect must be filed within two years. The California courts deadline guide<\/a> notes that these periods have exceptions and tolling, which are rules that pause the clock.<\/p>\n

A separate rule decides who may bring a wrongful-death claim arising from the same crash.<\/p>\n

Under Code of Civil Procedure \u00a7 377.60<\/a>, a wrongful death case may be brought by the surviving spouse, domestic partner, children, and children of deceased children. If there are no such descendants, it may be brought by those who would inherit under intestate succession. Certain dependents, a minor who, at the time of death, had lived in the decedent’s household for the previous 180 days and depended on the decedent for half or more of their support, or the personal representative on their behalf may also bring it.<\/p>\n

Public entities.<\/strong> If a city, county, or state may be responsible, such as for a road defect, Government Code \u00a7 911.2<\/a> requires a claim within six months for death or injury to a person or personal property. Other claims against a public entity generally need presenting within one year.<\/p>\n

Each clock runs on its own. Exceptions exist, and how these dates apply depends on the facts of the crash.<\/p>\n

Who Can Be Named in a Motorcycle Accident Lawsuit<\/h2>\n

The at-fault driver is usually the main party named. Other parties can be named depending on who was involved and why.<\/p>\n

Under Vehicle Code \u00a7 17150<\/a>, every owner of a motor vehicle is liable for death or injury to person or property caused by a negligent act in its operation. That includes a driver using the vehicle with the owner’s permission. So an owner may be named even when a friend or family member was driving.<\/p>\n

If a road or property condition played a role, a public entity may be responsible. Under Government Code \u00a7 835<\/a>, the plaintiff must prove the condition was dangerous at the time of injury, that it caused the injury, and that it created a reasonably foreseeable risk of the kind of injury incurred. The plaintiff must also show that a negligent or wrongful act or omission of a public entity employee within the scope of employment created the condition, or that the entity had actual or constructive notice of it in time to act.<\/p>\n

Crashes involving buses, trucks, or other commercial vehicles can involve more parties, such as an employer, and more records. Identifying those parties and records early is worth doing.<\/p>\n

Other Fault Rules That Apply to Riders<\/h2>\n

In a personal injury, property damage, or wrongful death action based on comparative fault, California Civil Code \u00a7 1431.2<\/a> makes each defendant’s liability for non-economic damages several only, in direct proportion to that defendant’s own percentage of fault. Under Civil Code \u00a7 1431.2<\/a>, each defendant pays non-economic damages only in proportion to its own share of fault. Under Civil Code \u00a7 1431.2(a)<\/a>, each defendant’s liability for non-economic damages is several only and is limited to that defendant’s percentage of fault.<\/p>\n

Useful evidence often includes the police report, photos of the scene and bike, witness statements, repair records, dashcam footage, and medical records. Write down your own account while your memory is fresh. Stick to what you saw and know.<\/p>\n

The Steps From Filing to Resolution<\/h2>\n

The claim usually goes to the insurer first.<\/p>\n

Under Vehicle Code \u00a7 16000<\/a>, a driver in a crash causing bodily injury, death, or more than $1,000 in property damage to any one person must report it to the DMV within 10 days. The report can be made personally or through an insurance agent, broker, or legal representative.<\/p>\n

The typical path looks like this:<\/p>\n