Motorcycle accidents are devastating. A crash that a car driver might walk away from can leave a motorcyclist with broken bones, road rash, spinal injuries, or worse. And when another driver’s negligence causes the collision, you shouldn’t be left paying the bills.
California law protects injured motorcyclists. But the insurance companies will argue that motorcycles are inherently dangerous, or that you were speeding, or that you weren’t wearing a helmet. They’ll use any excuse to deny your claim or minimize your settlement. That’s why you need a lawyer who understands motorcycle accident law in California.
At Big Al, we’ve represented hundreds of motorcyclists across Southern California. We know the tricks insurance companies use, and we know how to counter them.
Why Motorcycle Accidents Are Different
A motorcycle offers no frame, no airbags, no crumple zones. The rider’s body absorbs the entire impact. Even at modest speeds, the injuries can be catastrophic.
California recognizes this. The state’s comparative negligence rule means you can recover damages even if you’re partially at fault, as long as the other driver is more responsible than you are. That’s huge. But it only works if you have a lawyer who can prove the other driver’s liability.
Insurance companies know this too. They’ll often argue that you assumed the risk by riding a motorcycle. They might claim you were in a blind spot, or lane-splitting (which is legal in California, but insurers will use it against you anyway), or not wearing a helmet. These are common defenses, and they’re often wrong.
Common Causes of Motorcycle Accidents in California
The leading cause of motorcycle accidents in Southern California is left-turn collisions. A car driver fails to see an oncoming motorcyclist and turns left directly into them. The driver claims they didn’t see the bike. That’s negligence. The driver had a duty to look, and they failed.
Other common causes include unsafe lane changes, dooring, road debris avoidance, speeding drivers, distracted driving, and drunk driving. In each case, the car driver had a legal duty to drive safely. When they breach that duty and injure you, they’re liable for your damages.
California’s Comparative Negligence Rule: Why It Matters for Motorcyclists
California follows pure comparative negligence. This means even if you’re 60% at fault, you can still recover 40% of your damages from the other driver. Many states don’t allow this. California does.
Here’s why this matters: Insurance companies will argue you were partially at fault. They’ll say you were speeding, or lane-splitting, or not wearing bright colors. This is their strategy. They want to shift blame onto you so they can reduce what they have to pay.
A skilled lawyer knows how to counter these arguments. We hire accident reconstructionists to prove the other driver’s liability. We gather eyewitness statements. We pull police reports, medical records, and insurance information. We build a case that shows the other driver’s negligence was the dominant cause of the accident.
Then we negotiate from a position of strength. If the insurance company won’t settle fairly, we take the case to trial.
The Two-Year Statute of Limitations in California
In California, you have two years from the date of the accident to file a personal injury lawsuit. Two years. Miss that deadline, and you lose your right to sue, period. No exceptions. No extensions (with rare exceptions for minors or incapacity).
This is why you need to contact a lawyer quickly after a motorcycle accident. Not next month. Not next year. Now.
Many people make the mistake of trying to handle the claim themselves, thinking they’ll save money. They negotiate with the insurance company, accept a lowball offer, and then realize months later they’re not getting better. By then, it’s too late to sue if the insurance company refuses to increase the offer.
Don’t wait. Call Big Al today.
Medical Documentation Is Critical
The other driver’s insurance company will deny your claim if you don’t have solid medical documentation. They’ll argue that you’re exaggerating your injuries, or that the accident didn’t cause them.
This is why you need to see a doctor immediately after the accident, even if you feel fine. Motorcycle accident injuries often develop over days or weeks. Adrenaline masks pain. You might feel okay now but have serious injuries that show up later.
Get a full medical evaluation. Follow your doctor’s treatment plan. Keep detailed records of all medical appointments, procedures, prescriptions, and therapies. Get statements from your doctors about your injuries and prognosis.
Then, when you hire Big Al, we use that medical documentation to prove your damages. We know what evidence insurance companies respect, and what they’ll dismiss.
Damages You Can Recover
If the other driver is liable for your accident, you’re entitled to recover medical expenses, lost wages, pain and suffering, scarring and disfigurement, loss of enjoyment of life, and property damage. California law also allows for punitive damages in cases involving gross negligence or recklessness like drunk driving. These damages are meant to punish the defendant and deter similar behavior.
Helmets and California Law
California requires all motorcyclists to wear an approved helmet. It’s the law. Wear one.
Now, here’s what insurance companies will try to do: if you weren’t wearing a helmet (which would be illegal), they’ll argue you’re responsible for part of your head injuries. This is sometimes called “failure to mitigate damages.”
But here’s what they won’t tell you: California courts are skeptical of this argument. Many judges and juries recognize that a helmet only protects the head, not the rest of your body. If your spinal cord is severed, your legs are broken, and your ribs are crushed, a helmet doesn’t change any of that.
Wear a helmet because the law requires it and because it could save your life. But don’t let an insurance company use an argument about head injuries to reduce your recovery for injuries throughout your body.
Lane Splitting Is Legal, And Insurance Companies Will Use It Against You
California is one of the few states where lane splitting (riding between lanes of traffic) is legal. It’s allowed as long as you do it safely and don’t create a hazard.
But insurance companies will argue that lane splitting caused the accident. The car driver in the adjacent lane didn’t see you because you were in an unexpected position. If you hadn’t been lane splitting, the accident wouldn’t have happened.
This argument ignores the law. If the other driver had a duty to check their mirrors and blind spots before changing lanes, and they didn’t, they’re negligent. Their failure to see you doesn’t excuse their illegal lane change.
We know these arguments, and we know how to fight them. Learn more about our motorcycle accident legal services.
Why Big Al Is Different
When you hire Big Al to represent you in a motorcycle accident claim, you get a lawyer who has recovered millions for injured motorcyclists across Southern California. We understand California’s comparative negligence rule and how to use it in your favor. We work with trusted accident reconstructionists and medical experts. We negotiate aggressively with insurance companies and aren’t afraid to take cases to trial. We charge on contingency with no upfront costs or fee unless we win.
We handle motorcycle accidents throughout Southern California: Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, and Santa Barbara. We’ve helped riders recover damages in collisions on the 405, the 101, the 10, and highways throughout the region.
If you’ve been in a motorcycle accident and want to learn about your legal options, explore our car accident legal services or visit our full practice areas to understand all the ways we can help.
Common Questions About Motorcycle Accidents
Q: I was partially at fault. Can I still recover?
A: Yes. California’s comparative negligence rule allows you to recover even if you’re partially at fault, as long as the other driver is more responsible than you are.
Q: How long do these cases take?
A: Some settle quickly. Others take 1-2 years or go to trial. It depends on the facts, the evidence, and the insurance company’s willingness to settle fairly.
Q: Will I have to go to trial?
A: Maybe not. Most personal injury cases settle before trial. But if the insurance company won’t settle fairly, we’re prepared to take your case all the way.
Q: Do I really need a lawyer?
A: Yes. Motorcycle accident victims who hire a lawyer recover significantly more than those who handle claims alone. Insurance companies count on you being intimidated or uninformed.
Q: How much will this cost?
A: Zero upfront. We charge on contingency. If we don’t recover damages for you, you don’t pay a fee.
Contact Big Al Today
Motorcycle accidents are serious. Your recovery, both physical and financial, depends on getting the right legal help immediately.
If you or a loved one was injured in a motorcycle accident in Southern California, contact Big Al for a free consultation. We’ll review your case, explain your options, and help you get the compensation you deserve.
Call Big Al now. Don’t wait.