Why motorcycle cases are different
A motorcycle crash claim follows the same basic rules as any other personal injury claim in California. In practice it plays out differently, and these are the reasons we see most often.
Insurers start out blaming the rider
Many adjusters assume a motorcyclist was speeding, weaving or showing off before they have read the police report. That assumption shows up in low offers and in recorded-statement questions designed to get you to agree you were going “a little fast.” We answer it with evidence: the scene, the damage to both vehicles, witness accounts and video.
The injuries are more serious
A rider has no seat belt, airbag or steel frame. A crash that dents a car’s bumper can throw a rider onto the pavement, causing fractures, road rash, spinal injuries and brain injuries, even with a helmet on. The California Highway Patrol notes that motorcyclists are overrepresented in traffic deaths across the state, and the Office of Traffic Safety reports 583 motorcyclists killed in California in 2023. Serious injuries mean long treatment, so we wait until the medical picture is clear before we value a claim.
“I never saw the motorcycle”
It is the most common thing drivers say after hitting a rider. Not seeing a motorcycle is not an excuse. Drivers have to look before they turn, merge or open a door, and a driver who did not look was careless. We use the physical evidence and any video to show where you were and how long you were there to be seen.
Riding in Oakland
Oakland’s numbers are high. In the Office of Traffic Safety’s 2023 crash rankings, 119 motorcyclists were killed or injured in Oakland, which ranked the city 3rd of 15 California cities with more than 250,000 people for motorcycle victims (1st is the worst). The same report ranked Oakland 1st of 15 for hit and run crashes, which matters for riders because a driver who leaves often leaves no insurance to claim against. We explain what to do about that below.
What to do after a motorcycle crash
Medical care comes first. If you can, or if someone can help you, these steps protect the claim. Most overlap with our accidente de auto advice, with a few that matter more for riders.
Get checked, even if you walked away
Adrenaline hides pain. Head, neck and internal injuries can take hours or days to show. See a doctor the same day or the next, and tell them you were on a motorcycle.
Call the police
Call 911 or the local police, or the CHP on a freeway, and ask how to get a copy of the report. Write down the officer’s name and the report number.
Report a hit and run within 24 hours
If the driver left, report it to the police right away. Your own uninsured motorist coverage generally requires a police report within 24 hours for a hit and run claim (more on this below).
File the DMV report
California requires an SR-1 report to the DMV within 10 days when anyone is injured or property damage is over $1,000. This is separate from the police report.
Keep the helmet, gear and bike as they are
Do not throw out a damaged helmet or jacket, and do not let the bike be repaired or sold for salvage until it has been photographed and we have had a chance to look at it.
Say little to insurers
Give the basic facts to your own insurer. Do not give the other driver’s insurer a recorded statement or sign anything until you have talked with a lawyer.
Evidence that matters in a motorcycle case
Because insurers question the rider’s conduct, physical evidence carries more weight in these cases than in most car crashes.
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Helmet and gear
Scrapes, cracks and impact marks on a helmet, jacket, gloves and boots show how you landed and how hard. They also show you were wearing protective gear, which answers the claim that you were careless.
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The motorcycle
Where the bike was hit, and how, can show the angle and point of impact. A repaired or crushed bike cannot. Photograph it from every side before anything is done to it.
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Camera footage
Helmet cameras, dash cameras, doorbell cameras and business security cameras often catch crashes. Many systems record over old video within days, so ask early or let us send the requests.
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Witnesses and the scene
Get names and phone numbers of anyone who stopped. Photos of skid marks, debris, the traffic signal and the sight lines help show what the driver could have seen.
California motorcycle law, in plain terms
These are the rules that come up most often in East Bay motorcycle cases. Every case turns on its own facts, so ask us how they apply to yours.
Helmet law
California requires every motorcycle rider and passenger to wear a safety helmet that meets state standards, fastened with the straps and sized to fit securely (Vehicle Code § 27803). The CHP says the helmet must be DOT compliant. Riding without a helmet does not take away your right to recover for injuries the other driver caused. Expect the insurer to argue that a head injury would have been less serious with a helmet, and to try to reduce that part of the claim.
Lane splitting
California law defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane (Vehicle Code § 21658.1). The CHP states plainly that lane splitting is legal in California, that intentionally blocking or impeding a motorcyclist in a way that could cause harm is illegal, and that opening a vehicle door to impede a motorcyclist is illegal. A separate rule bars anyone from opening a car door into traffic unless it is reasonably safe (Vehicle Code § 22517).
Legal does not mean blameless in every case. The CHP’s lane splitting guidance warns that danger increases as speed and the speed difference between the bike and traffic increase, and insurers use that guidance to argue shared fault.
Shared fault
California uses pure comparative fault. If you were partly responsible, you can still recover, but your award is reduced by your share. If your damages are $200,000 and a jury finds you 25% at fault, you receive $150,000. This is why the insurer’s first move in a rider’s case is often to raise your percentage.
Deadlines
You generally have two years from the crash to file a personal injury lawsuit in California (Code of Civil Procedure § 335.1). If a public agency is involved, for example a crash with a city or transit vehicle, a written claim to that agency generally must be presented within six months (Government Code § 911.2).
Uninsured and underinsured motorist coverage
The minimum liability insurance in California is $30,000 for injury to one person and $60,000 per accident, according to the DMV. A serious motorcycle injury often costs far more. Your own policy can fill the gap: California requires auto liability policies to include uninsured motorist coverage unless you agreed in writing to remove or reduce it, and that coverage includes underinsured drivers (Insurance Code § 11580.2). Check your motorcycle policy for it.
For a hit and run, that same law generally requires physical contact with the other vehicle, a report to the police within 24 hours and a sworn statement to your insurer within 30 days. Miss those steps and the claim can be denied, so call us early if the driver drove off.
What you can recover after a motorcycle crash
California law sorts damages into two groups (Civil Code § 1431.2). Economic damages are losses with a dollar figure: emergency care, surgery, therapy, future treatment, lost wages, lost earning ability, and the cost to repair or replace your motorcycle, helmet and riding gear. Non-economic damages cover pain, suffering, emotional distress, scarring and the loss of activities you enjoyed, including riding.
We document both with medical records, your doctors’ opinions on future care and your pay records. If someone you love died in a motorcycle crash, California allows close family members to bring a wrongful death claim. Call us to talk it through.
How our fees work
The first consultation is free, and there is no fee unless we win. If you hire us, our fee comes out of what we recover for you, not out of your pocket. If there is no recovery, you owe us no fee.
Before you hire us, we go over the written fee agreement with you, including how case costs are handled. Calling costs nothing, so you can call before you know whether you have a case.
Why injured riders call our Oakland office
John E. Hill opened this firm in Oakland in 1973. Six attorneys work from one office on Hegenberger Road, near the Coliseum and the airport, and you talk with the lawyer handling your case. John is a member of the American Board of Trial Advocates and a Board Certified Civil Trial Advocate (National Board of Trial Advocacy). Your consultation and your case can be handled in English or Spanish, and your call is answered day or night.
The National Board of Trial Advocacy is not affiliated with any government authority.
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Motorcycle accident questions
01I was lane splitting when I was hit. Do I still have a case?
Possibly, yes. Lane splitting is legal in California, and drivers may not block a rider or open a door into one. The insurer will look at your speed and the traffic speed to argue shared fault. Even if some fault is put on you, California reduces your recovery rather than barring it.
02I wasn’t wearing a helmet. Can I still recover?
Usually, yes, for the injuries the other driver caused. The insurer will likely argue that a head injury would have been less serious with a helmet. Injuries a helmet would not have prevented, such as a broken leg, are a separate question.
03The driver who hit me drove off. What can I do?
Report it to the police within 24 hours and tell your insurer. Your uninsured motorist coverage may pay, but a hit and run claim generally requires physical contact, that 24 hour police report and a sworn statement to your insurer within 30 days. Call us and we will help with the paperwork.
04How long do I have to file?
Usually two years from the crash to file a lawsuit. If a city, county, transit agency or other public entity is involved, a written claim is generally due within six months. Call as soon as you can, because evidence such as video disappears long before those deadlines.
05What does it cost to hire you?
Nothing up front. The consultation is free, and if you hire us there is no fee unless we win. Our fee comes out of what we recover for you.
Another question? Call (510) 588-1000 or use our contact page.