Home » Blog » Can I Still Recover Compensation If I’m Partly At Fault For The Motorcycle Accident?
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Last Modified on Sep 21, 2026
An adjuster telling you the crash was partly your fault doesn’t end your claim. Under California’s pure comparative negligence rule, you can still recover money even if a jury later finds you shared some blame. Your fault percentage reduces the payout. It doesn’t erase it.
That distinction matters for motorcyclists, since bias against riders can shape how insurers size up a claim from the first call. Bentley & More LLP has spent years pushing back on that blame-shifting for injured clients across the region. We don’t treat “partly at fault” as the final word.
How California’s Comparative Negligence Rule Works
California adopted pure comparative negligence in Li v. Yellow Cab Co., a 1975 ruling that replaced the old rule barring recovery for any at-fault plaintiff. A jury or insurer assigns a percentage of fault to everyone involved. Then your award shrinks by your share. For example, a rider found 25% responsible for $200,000 in damages still collects $150,000.
What Happens if You Weren’t Wearing a Helmet
Insurers love raising the helmet issue, but the defense is narrower than most riders think. Under California’s comparative fault rules, an adjuster can only reduce damages tied to injuries a helmet would have actually prevented. That means head or facial trauma. A broken leg, road rash, or lower spinal injury stays untouched by that argument. Insurers rarely volunteer this distinction, and it’s worth pressing them on it before accepting a lowball number.
What Sets Your Fault Percentage
A motorcycle accident attorney weighs several sources before agreeing to any split:
- The police report and officer’s citations
- Skid marks, debris, and vehicle damage
- Witness statements and dashcam or traffic camera footage
- Your lane position, speed, and signal use at impact
A stronger evidence file almost always makes the share of fault more accurate.
Frequently Asked Questions
What if a pothole or poor road design contributed to my crash?
Liability isn’t always limited to the other driver. Government entities can be held responsible for dangerous road conditions like severe potholes, unmanaged gravel, or missing signs. However, claims against a California government agency have much tighter deadlines. You often need to file an official administrative claim within six months of the accident.
What if the other driver’s insurer already assigned me a fault percentage?
That number isn’t final until a court or settlement accepts it. Adjusters often start high to shrink their payout before your side gathers evidence. A second review of the police report and witness statements may move that percentage down.
Bentley & More LLP: A Motorcycle Accident Law Firm
Someone may have told you that fault changes everything. In California, it only changes the math. Our attorneys build cases around correcting exactly this kind of early, one-sided fault assessment. We pull the police report, track down witnesses, and rebuild the timeline before anyone accepts an insurer’s first number. If you’re carrying some blame for your crash, contact our firm today and let’s look at what actually happened.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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