A motorcycle accident caused by a reckless driver can leave victims to endure impacts with the vehicle and the road. Injured riders can immediately worry over their health and how long they may have to give up their motorcycle rides.

Once they’ve been examined and stabilized, victims may also have to worry about the financial end of things. Who will step forward to pay the medical bills, replace the lost paychecks, and cover the cost of a new bike?

California personal injury laws and vehicle codes protect injured motorcyclists and allow victims to seek help from careless drivers. Victims should know how this process works and about every benefit available that insurance companies may try to hide from them.

The Driver’s Responsibility to Protect California Motorcyclists

Motorcyclists travel at the greatest risk of any motorist, and drivers seem to pay them the least attention on California freeways and boulevards.

California Vehicle Code CVC 20003 goes into what’s legally required of a driver who sends a motorcyclist into an accident. Drivers must stop immediately. If they can’t stop, they must turn around and return to the scene.

If anyone is injured, drivers must call 911 immediately and arrange for transportation of the motorcyclist, even if that means driving the patient to the hospital themselves. When these duties aren’t followed, drivers can face hit-and-run charges, criminal prosecution, and jail time.

California lawmakers also require anyone on a motorcycle to wear an approved helmet. You can find more information about helmets that meet the requirements in the California DMV Motorcycle Handbook. There’s more information on the Maison Law Motorcycle Helmet Requirements Page.

CVC 21658.1 explains how California allows motorcyclists to engage in lane splitting. One of the few places in the U.S. to give riders this right.

You can find more on vehicle codes that apply to motorcyclists on our California Safety and La ws which Prevent Personal Injury informational page. (Pictured: Motorcyclist on a Los Angeles Freeway)

Insurance Tactics that Injured Motorcyclists Should Be on High Alert For

A difficult recovery from a motorcycle injury can be physically and emotionally draining. Unfortunately, a battle with insurance adjusters over who caused the collision and who should be paying the doctors can also prove to be an ordeal.

Insurance companies remain profitable by withholding support from injured victims. They can question everything and even purposely delay when they communicate, simply to get a desperate patient more likely to take the first “low ball” settlement they are offered.

Blame the motorcyclist – Insurance companies make it standard procedure to blame the motorcyclist first and figure out the facts later. They’ve gotten away with pointing to old stereotypes about daredevil riders to turn the blame on innocent victims. Insurers will question accident reports from police that blame their policyholders. Having powerful evidence to include in your insurance claim is the best protection against these practices. Your lawyer fully investigates your case, collects evidence, and secures witness testimony to make sure insurers can’t change the story.
A check of your driving background – Insurers can also bring up any traffic incidents you’ve had in the past because they think it proves you are responsible for your most recent accident. Past speeding tickets you’ve received can be utilized to attempt to prove that you are reckless. In fact, your past record on a motorcycle has no bearing on your accident. Insurance companies know this, but without a lawyer on your side, they can get away with lowering your compensation.
Questioning your injuries – Insurance adjusters like to downplay the injuries you’ve received and even cast doubt on the serious prognosis given by your doctor. A check of your medical history could turn up a similar injury you’ve had in the past. An insurer may try to use this to wriggle out of blame for your current injury. They’d argue that the injury you most recently received was just a flare-up of a pre-existing injury. Be careful when signing away the rights to access your medical records. Insurers can ask to see your most recent medical charts involving the accident, but they don’t have the right to flip through your entire medical history information. Alert an attorney if you feel an insurer is trying to access medical information that should remain private.
Use statements to hurt your case – During a consultation with Maison Law, you’ll receive some very valuable tips on how to deal with nosy insurance companies. One of the most important is not to give recorded statements. Insurance agents will be calling you, asking if you’ll give a recorded statement about what happened. Don’t fall for it. You aren’t legally required to do so, and those statements may be twisted later to hurt your case. Stick to offering basic information and allow your personal injury lawyer to do the talking for you.

Car insurance administrators can also speed up or slow down the claims process to benefit the company. If you don’t have a lawyer, they may try to extend a quick “lowball settlement offer” that doesn’t cover everything you’ve been through. They hope you won’t notice and just take the money and get out of their hair.

Insurers can also needlessly delay their response to you, hoping you’ll become desperate enough to accept any offer they make while you struggle with your escalating bills. Your lawyer can go after insurers who play these games. You can find out more about the insurance deadlines California expects companies to follow when dealing with injured victims.

The Insurance Claims Process for California Motorcycle Accident Victims

Preparing and submitting a strong claim with all the evidence
Waiting for a response to your claim
Settlement negotiations
Receiving a settlement check
Pay an attorney out of the settlement check
Filing a lawsuit if an insurer rejects your motorcycle accident claim

Your attorney works to get you the maximum settlement available and will reject a “lowball” offer on your behalf and then demand more. But if an insurer refuses to accept full blame for what happened to you, your lawyer will have a strong case prepared for court. Your lawyer files a lawsuit and takes the insurer before a judge and jury.

Most motorcycle accident victims don’t have to go to court to receive what they need to recover. Auto insurance providers want to avoid the cost and bad publicity of a trial. They will work harder to make you happy with a settlement check, especially if you have a California motorcycle accident lawyer who represents the threat of a lawsuit.

What Can I Do to Strengthen My Case After a California Motorcycle Accident?

Evidence will be key when having to prove a driver was to blame for your accident to an unhelpful insurance company. You’ll need strong evidence because insurance adjusters are well-trained on how to poke holes in every fact.

Your attorney will gather all the evidence available, but your lawyer won’t be present right after a crash. Some of the best evidence will be available right after it happens. You may have to gather some of these details yourself if you are able to, because a lot of it will be cleaned up within an hour.

Make sure you are safe and the scene is secure before you take action. Then, if you feel up to it, try to gather this important proof:

Dial 911 and get an ambulance on the way if you or anyone else is hurt. Inform local police officers or the California Highway Patrol about everything you observed before the accident.
Get every injury checked out by paramedics and go to the hospital if necessary. If you must leave the scene, ask someone with you or a helpful witness to take some photos for you.
Use your phone to get photos and video at the scene. Show the car that hit you, the damage to your motorcycle, and any visible injuries. Take photos of any traffic signs, lane markings, and skid marks related to the crash. Show yourself with a helmet if you were wearing one. Take pictures of any visible injuries.
Get contact information from witnesses. Your Motorcycle Accident Lawyer will be calling on them to provide important testimony.
Exchange information with everyone involved if an officer doesn’t provide this information to you.
Get checked out by your own doctor afterward, even if you’ve been to the emergency room. Let the doctor know what happened and get every injury rechecked. Alert the doctor to any new pain you’ve experienced in the days after a collision. Follow the recommendations the doctor makes, including going to physical therapy and visiting specialists.
Hang on to your damaged motorcycle. Keep any damaged clothing and personal items. Don’t wash bloody clothing. Preserve it.

What Kinds of Things Can I Seek Compensation for After a California Motorcycle Accident?

Your accident claim should demand help with your current medical bills. But you must also secure money to pay for any care you’re expected to need in the months and years to come.

If your injury is likely to flare up or cause you issues in the future, you’ll need to demand the support to cover any possibility right now. Once you’ve signed a settlement agreement, you can’t go back to ask the insurance company for more later.

Your attorney can help you list every damage you’ve had to confront since the accident, and back up each item with evidence and documentation. This alerts the insurance company to everything it is expected to cover.

Support for every penny charged by doctors, surgeons, hospitals, and physical therapists, and for future care.
All costs associated with a permanent physical disability, e.g., medical equipment, home renovations, training for a new career.
Compensation for the constant physical pain that victims may be asked to endure.
Compensation for emotional trauma such as depression, anxiety, and PTSD symptoms. The mental hardships faced when a rider can’t get back on a motorcycle.
Money for a new motorcycle after a bike is totaled in a collision.
Past and future lost benefits and wages at work.
Wrongful death support for families. After a family loses a loved one in a tragic motorcycle accident, they can ask for help paying funeral bills and replacing the future income the deceased would have provided.

Frequently Asked Questions

How long do I have to file a motorcycle accident injury claim in California?

Two years. California sets the statute of limitations on most personal injury claims at two years. You shouldn’t wait years, though. Evidence can disappear, and witnesses can be hard to track down if you delay in exploring a lawsuit.

What if I can’t afford to pay a California motorcycle accident lawyer?

You can still get quality legal representation. Maison Law represents all motorcycle accident victims under a contingency agreement. It means we don’t get paid unless we win your case. Then our fee comes out of the motorcycle accident settlement check you are awarded.

Can I ask for support from an at-fault driver if I wasn’t wearing a helmet when I was hit?

Yes. Wearing a helmet is required under California law. You may receive a ticket for not wearing one, but that doesn’t affect your right to sue a careless driver for hitting you. The driver would still be liable for a mistake that left you injured. The driver could still be held responsible for your medical bills and lost income.

Contact a California Motorcycle Accident Lawyer

Motorcycle accident victims can feel very alone when shady car insurance companies try to blame them for accidents. An insurer may leave them without the support they need to heal physically and financially.

At Maison Law, we are advocates for injured riders across California. We want victims to receive the full support they’ll need to recover and return to the rides they love. We want to represent victims and take on insurance companies, while giving our clients time to focus on healing without worry.

Make sure your interests are safeguarded by a skilled California Motorcycle Accident Attorney.

Contact Maison Law for a free, no-obligation case evaluation today.

Legal Guide for California Motorcycle Accident Victims