Motorcyclists have the same right to the road as anyone else – but when a crash happens, they face dangers and challenges that drivers of cars simply do not. More severe injuries, unfair assumptions about fault, and insurance companies eager to shift blame all make motorcycle accident claims uniquely difficult.
Here is what every California rider should understand about their rights after a crash.
The Injuries Are Often More Severe
With little more than a helmet and riding gear between them and the road, motorcyclists are far more vulnerable in a collision than people in enclosed vehicles. Crashes that would be minor for a car can cause catastrophic injuries for a rider – broken bones, road rash, spinal cord injuries, traumatic brain injuries, and worse. Because the stakes are so high, fully accounting for the long-term costs of these injuries is critical.
Riders Face Unfair Bias
One of the biggest hurdles is prejudice. Many people – including insurance adjusters and even jurors – assume a motorcyclist must have been speeding or riding recklessly. That bias is often unfair and unfounded, and it can be used to unjustly reduce or deny a legitimate claim. Overcoming these assumptions with clear evidence is a key part of these cases.
Helmet Laws and Comparative Fault
California requires all motorcyclists and passengers to wear a DOT-approved helmet. And even where fault is disputed, California’s comparative-negligence rule means an injured rider can still recover compensation even if partly at fault – the award is simply reduced by their share. Insurers often try to exaggerate a rider’s fault, which is another reason to be cautious before accepting any offer.
Protecting Your Claim After a Motorcycle Crash
If you are injured in a motorcycle accident, get medical care right away – some injuries are not immediately obvious – and make sure the police create a report. Photograph the scene, your bike, your gear, and your injuries, gather witness information, and avoid giving a recorded statement to the other driver’s insurer before getting advice.
A motorcyclist hurt by a careless driver deserves fair treatment, not blame. If you were injured in a motorcycle accident in California, Ellin Mardirosian Law offers a free consultation to explain your rights and fight for what you are owed.
Helpful Resources & Links
Practice Areas – Ellin Mardirosian Law
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California DMV – California Motorcycle Handbook
California Office of Traffic Safety – Motorcycle Safety
Free consultation with Ellin Mardirosian Law – call (747) 310-5200. Representing accident and injury victims across California and Nevada. Fluent in English, Spanish, and Armenian.
Disclaimer: This article is general information about California (and, where noted, Nevada) law, not legal advice, and does not create an attorney-client relationship. Every case is different – for guidance on your situation, speak with a licensed attorney.
