Motorcycle Accident 101

1. Introduction

Motorcycles account for only a small portion of the vehicles on the road, yet they are responsible for 15.5% of all traffic fatalities. This statistic underscores a hard truth – riding a motorcycle is inherently more dangerous than driving a car. 

At DK Law, we stand with California motorcyclists who have been wronged on the road, whether it’s negligence from another driver, poor road conditions, or another factor. We understand the challenges that motorcycle riders face every day and are here for you if you have been injured. 

This guide will walk you through every aspect of a motorcycle accident, from the initial shock to settling with the insurance company. Let’s begin.

*Please remember that the information provided is for general guidance only and should not be considered a substitute for professional legal advice. Consult with a qualified attorney for advice tailored to your specific situation.

2. What Are the Most Common Causes of Motorcycle Accidents?

Motorcycle accidents occur for a variety of reasons, including human error and environmental hazards. These crashes may result from rider mistakes, negligent drivers, poor road or weather conditions, or mechanical failures. Below, we’ll explore some of the most common causes behind motorcycle collisions.

Speeding

Riding or driving at excessive speeds reduces reaction time and increases the severity of crashes. Speeding is a leading factor in both single-vehicle and multi-vehicle motorcycle accidents.

Alcohol and Drug Use

Impaired riding affects balance, coordination, and judgment. Intoxicated riders are significantly more likely to lose control or misjudge traffic situations.

Left Turns 

Many accidents happen when a vehicle turns left in front of an oncoming motorcycle. Drivers often misjudge the rider’s speed or fail to notice them entirely. 

Poor Road Conditions 

Potholes, loose gravel, uneven surfaces, or slick paint lines can cause a motorcyclist to lose control more easily than other drivers.  

Distracted Driving 

Drivers texting, eating, or using in-car systems may overlook motorcycles, leading to rear-end crashes or lane-change collisions.

Weather Conditions

Rain, fog, or wind reduces traction and visibility, increasing the risk of crashes. Motorcycles are especially vulnerable due to their reduced tire contact and lack of balance.

Mechanical Problems 

Worn brakes, bald tires, or engine issues can lead to sudden failures. Regular maintenance is crucial for rider safety. In some cases, a motorcycle defect can lead to an accident. 

3. What to Do After a Motorcycle Accident (Step-by-Step)

If you’ve been involved in a motorcycle accident, the steps you take immediately after can significantly impact your recovery and legal claim. Here’s what to do:

1. Ensure Safety First

Make sure everyone is safe and move out of traffic if possible. Call 911 right away to request police and emergency medical responders. A police report is a crucial document that can support your case later.

2. Collect Insurance and Vehicle Information

Obtain the other driver’s insurance, license plate number, and contact details. If there are passengers or witnesses, gather their information as well. Even if you feel only mildly hurt, keep in mind that injuries like whiplash or internal trauma can worsen in the hours or days that follow.

3. Gather Evidence

Preserve as much evidence as possible.

• Take photos of the accident scene, your damaged motorcycle, any skid marks, weather conditions, and all other vehicles involved.
• Document your visible injuries immediately.
• Do not repair or dispose of your motorcycle—its damaged condition can help accident reconstruction experts determine fault.
• If possible, get the names and badge numbers of the responding officers and EMS personnel.

4. Always Seek Medical Treatment 

Even if you feel fine, it’s vital to get checked by a medical professional. Follow your doctor’s treatment plan and attend all follow-up appointments. These records are critical proof of your injuries and are often challenged by insurance companies trying to downplay your claim.

5. Speak With a Motorcycle Accident Lawyer

Motorcycle accident claims are often met with bias and resistance, especially from insurance adjusters. Working with an attorney gives you the best chance of recovering the full compensation you deserve. An attorney can protect your rights, deal with insurers, and help build a strong case based on evidence and legal strategy.

4. Common Motorcycle Accident Injuries

Despite significant advancements in motorcycle technology and safety features, injuries and fatalities from motorcycle crashes remain alarmingly high. These incidents often result in severe, life-altering trauma for riders. 

Some of the most common motorcycle injuries include: 

• Road Rash: A highly common injury, road rash occurs when the rider’s skin scrapes against the pavement, often causing deep abrasions that may lead to infection or require skin grafts. 
• Fractures and Broken Bones: Impact from a crash can easily break bones—especially in the arms, legs, wrists, and ribs—due to the lack of external protection.
• Head and Brain Injuries (TBIs): Head trauma is a leading cause of fatal motorcycle crashes. Riders without helmets are at especially high risk of skull fractures and traumatic brain injuries.
• Spinal Cord Injuries: These injuries can result in partial or complete paralysis, affecting motor function and quality of life.
• Internal Injuries: Damage to internal organs or internal bleeding may not be immediately visible but can be life-threatening if untreated.
• Face and Dental Injuries: Helmets protect most riders from facial injuries, but not wearing a helmet or wearing the wrong one can lead to painful injuries affecting a rider’s teeth, chin, and jaw.
• Emotional Trauma (PTSD, Anxiety): Psychological effects such as post-traumatic stress disorder and anxiety are common, particularly in severe or near-fatal accidents.
  

5. Who Is Liable in a Motorcycle Accident? Understanding Fault & Negligence

Following a motorcycle accident, one of the most pressing questions is: Who is at fault? Was it the motorcyclist, another driver, a third party, or a combination of factors?

In most cases, liability is based on negligence—the failure to exercise reasonable care. The party whose negligence contributed most directly to the crash is typically held liable for damages. Determining liability involves investigations by law enforcement, insurance adjusters, and attorneys.

Common factors considered during a liability investigation include:

• The rider’s behavior (e.g., speeding, improper lane changes, lane splitting)
• The other driver’s actions (e.g., failure to yield, distracted or impaired driving)
• Vehicle defects linked to manufacturers or repair shops
• Hazardous road design or poor maintenance by government entities

California’s comparative fault laws allow blame to be assigned to multiple parties, potentially reducing compensation based on the rider’s share of fault. 

Understanding these elements is essential for protecting your legal rights after a crash.

6. California Motorcycle Laws: Helmets, Lane Splitting & Licensing

Depending on where you ride, laws and requirements can differ. Let’s break down some of the key motorcycle laws. 

Helmet Laws

Most U.S. states have some type of law requiring the use of a motorcycle helmet. For example, California has a universal helmet law, which requires all motorcycle riders and passengers to wear a helmet at all times, regardless of age or experience. Additionally, all helmets must meet the standards of the U.S. Department of Transportation (DOT). 

Other states, like Texas, have partial motorcycle helmet laws, where helmet use is only mandatory for riders under a certain age (typically under 21) or for those who do not meet specific training or insurance requirements. 

Lane Splitting

Lane splitting, which is the practice of riding between moving lanes of traffic, is only legal in California under Vehicle Code §21658.1. Other states, such as Utah, Montana, Arizona, Colorado, and Minnesota, permit lane filtering (moving between stopped or very slow traffic), but not full lane splitting. 

Although lane splitting is supported by the American Motorcyclist Association (AMA) and other organizations, many still view it as a risky maneuver, making it a frequent topic of debate, even among motorcyclists themselves.

Motorcycle Licensing & Insurance Requirements

All states require a motorcycle-specific endorsement (commonly a Class M license). Riders must pass written and skills tests, though many states waive the skills test for those who complete a state-approved rider safety course. 

Additionally, all riders nationwide must have minimum liability insurance and properly register their motorcycle with the DMV or equivalent agency. Car insurance typically does not cover motorcycles, as they have their own risk factors. 

The minimum liability coverage in California is:

• $30,000 for bodily injury or death of one person
• $60,000 for bodily injury or death per accident
• $15,000 for all property damage 

7. The Legal Process: What to Expect

If you are involved in a motorcycle accident, navigating the legal process can be overwhelming, but it’s critical for recovering full compensation. A skilled personal injury attorney can be the key to securing fair damages for medical bills, lost wages, and pain and suffering. 

If you file a motorcycle accident claim, here is what to expect: 

1. Consulting a Motorcycle Accident Attorney

You should contact an attorney as soon as possible—ideally within days of the accident. An experienced lawyer can guide you through insurance negotiations, protect your rights, and handle legal complexities. Most attorneys work on a contingency basis, meaning that you do not have to pay upfront legal fees. 

2. Filing a Claim

In California and many other states, you generally have two years from the date of the accident to file a personal injury claim. Taking prompt legal action is key to a successful claim. 

3. Investigation and Evidence Collection

When you hire an attorney, your legal team can help by collecting police reports, medical records, witness statements, and possibly expert opinions. This process could take months, depending on the complexities of the case. 

4. Negotiation or Lawsuit
Many cases settle out of court during negotiations with insurers. However, if a fair settlement isn’t reached, your attorney may file a lawsuit and prepare for trial. Your attorney plays a vital role in assessing whether going to trial is in your best interest. 

8. How to Prevent Motorcycle Accidents: Safety Tips for California Riders

Dealing with the insurance company after any type of motor vehicle accident can be a complex process. Fortunately, your attorney will handle all communications with the adjuster so you don’t have to. Still, taking the right steps after a motorcycle accident can protect your legal rights and strengthen your claim: 

• Don’t Admit Fault at the Scene: Avoid making statements that could be interpreted as accepting blame. Fault is a legal determination that should be made after a full investigation.
• Keep Records and Receipts: Save all documentation related to the accident—this includes medical bills, repair estimates, prescription costs, and proof of lost income. These records are critical for calculating compensation.
• Follow All Medical Treatment Plans: Attend all follow-up appointments and adhere to your doctor’s instructions. Gaps in treatment can be used by insurers to argue that your injuries weren’t serious.
• Stay Off Social Media: Avoid posting about the accident, your injuries, or recovery. Insurance companies may monitor your online activity and use it to challenge your credibility or claim.

9. Preventing Future Accidents

Most motorcycle accidents are preventable, given the right precautions. Whether you are a seasoned rider or just starting out, it’s always important to stay vigilant, wear proper protective gear, and practice safe, defensive riding techniques. 

Following traffic laws, avoiding distractions, and regularly maintaining your motorcycle can significantly reduce your risk on the road

Tip #1: All Gear All the Time (ATGATT)

Never ride without full protective gear. This includes a DOT-approved helmet, abrasion-resistant jacket and pants, gloves, knee protection, and over-the-ankle boots. Proper gear can reduce the severity of injuries in the event of a crash.

Tip #2: Enroll in a Safety Course 

Whether you’re new or experienced, taking a motorcycle safety course sharpens your skills and reinforces safe riding habits. Many states also offer insurance discounts for completing certified training programs.

Tip #3: Maintain Your Motorcycle Regularly

Check tire pressure, brake pads, lights, and fluid levels before every ride. A well-maintained bike is less likely to malfunction and more responsive in emergencies. 

Tip #4: Ride Defensively and Stay Visible

Assume other drivers don’t see you. Use reflective gear, headlights (even during the day), and position yourself where you’re most visible in traffic. Leave plenty of space between you and other vehicles, and always plan for sudden moves from drivers. 

10. Why California Riders Choose DK Law

At DK Law, we understand motorcycle accidents are unlike other motor vehicle collisions. They come with unique challenges, severe injuries, and unfair bias against riders. That’s why motorcyclists across California consistently turn to our firm after a crash. Here’s what sets us apart: 

Specialized Experience in Motorcycle Accident Law

Motorcycle cases require more than general personal injury knowledge. Our team has in-depth experience handling complex motorcycle accident claims, from reconstructing crash scenes to negotiating with insurance companies that often undervalue riders’ injuries.

Proven Track Record of Results

We’ve successfully recovered millions for injured riders throughout California. Our attorneys have a long-standing reputation for delivering real results in high-stakes motorcycle accident cases—both through aggressive settlement negotiation and, when needed, courtroom litigation.

Rider-Focused Approach

At DK Law, we advocate for riders because we understand them. We know the prejudice riders face and how it can impact claims. We prioritize your recovery, your rights, and your dignity, ensuring you receive the care, compensation, and respect you deserve.

Local Knowledge That Matters

Our attorneys are deeply familiar with local roads, court systems, and insurance industry tactics. Whether your crash occurred on the busy 405 freeway or a quiet residential road, we know how to navigate the legal landscape and advocate effectively in local courts. 

11. Ready to Talk? Get a Free Consultation With DK Law

The experience of being in a motorcycle accident, as well as the aftermath, can be incredibly traumatic. You shouldn’t have to pick up the pieces on your own – at DK Law, we support injured motorcyclists through compassionate and tough legal support meant to give back what was taken from you. 

We are available for a free consultation whenever you are ready.