Motorcycle Accident FAQs
If you’ve been involved in a motorcycle accident or are seeking clarity about what to do next, this FAQ page covers the most common questions riders have about their legal rights, liability, and recovery process.
1. What should I do at the accident scene?
Prioritize your safety and seek medical help right away. Call 911 to report the crash, and if you’re able, take photos of the scene, your injuries, and any vehicle damage. Collect contact and insurance information from all parties involved, and get statements or contact info from any witnesses. Avoid discussing fault, and don’t speak to insurers or accept an offer until you’ve consulted an attorney.
2. What if I wasn’t wearing a helmet?
California is one of 18 states that require all motorcycle riders to wear a helmet. While you can still file a claim, not wearing a helmet may affect the amount of compensation you receive, especially if you suffered a head injury. California’s comparative negligence laws may reduce your recovery based on shared fault.
3. Who can be held liable for a motorcycle accident?
Liability may fall on a negligent driver, commercial vehicle operator, parts manufacturer (in cases of defects), or even a government entity responsible for unsafe road conditions. Motorcycle riders can also be held liable if their own negligence, such as speeding, lane splitting illegally, riding under the influence, or failing to follow traffic laws, contributed to the accident.
4. How does comparative fault impact a motorcycle accident claim?
Under California’s comparative fault law, your compensation can be reduced by your percentage of fault. For example, if you’re found 20% at fault for the crash, your total award would be reduced by 20%. Insurance companies often use this rule to shift blame, which is why having legal representation is crucial.
5. Will I have to go to court for my motorcycle accident case?
Only about 3% of motorcycle accident cases go to court. The majority of cases are settled through negotiations with the insurance company. Typically, motorcycle accident lawsuits make it to court when the fault is unclear or the insurance adjuster refuses to offer a fair settlement. Your motorcycle accident lawyer can advise you on the best course of action.
6. What damages can I recover in a motorcycle accident claim?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, rehabilitation, and future care needs—especially in cases involving catastrophic injury. The value of your case ultimately depends on the severity of your injuries and the impact on your life.
7. Why should I hire a motorcycle accident attorney?
Motorcycle cases often involve serious injuries and insurance bias. An experienced attorney can gather evidence, prove liability, calculate damages accurately, and fight for full compensation—while you focus on healing. For more information on motorcycle accidents, visit our Motorcycle Accident 101 Guide.
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