Who Is At Fault In Most Motorcycle Accidents?
Who Is At Fault In Most Motorcycle Accidents?
Motorcycle riders get a bad rap. You’ve heard it all: they weave through traffic, speed past cars, and act like rules don’t apply. But here’s the thing—when you look at what actually happens on California roads, it’s usually the other driver who causes the crash, not the motorcyclist.
This might surprise some people, but it’s true. If you’ve been in a motorcycle crash, or someone you care about has, it makes sense to take a closer look at who’s really to blame. Talk to an experienced motorcycle accident lawyer today and get the support you need to move forward.
The Numbers Say a Lot
The California Highway Patrol and state traffic safety groups track motorcycle crashes every year. And time and time again, they find that in most of these accidents, another driver caused it. In fact, according to the National Highway Traffic Safety Administration (NHTSA), most multi-vehicle motorcycle crashes happen because a driver of a car or truck didn’t see the motorcycle or failed to yield.
Motorcycles are smaller and harder to spot, especially in heavy traffic. But that doesn’t let other drivers off the hook. They still have a legal duty to watch for all vehicles, including motorcycles.
Here are some common causes from the data:
- A driver makes a left turn in front of a motorcycle.
- A driver changes lanes without checking their blind spot.
- A car rear-ends a motorcycle at a stoplight.
- A distracted driver swerves into a motorcycle’s lane.
Each of these situations usually points the finger at the driver of the larger vehicle.
Common Misconceptions About Motorcycle Riders
It’s easy to stereotype. People think motorcycle riders are reckless. Movies and TV haven’t helped. But in real life, most riders are cautious and well-trained. After all, they know they’re more exposed. One mistake from someone else may send them to the hospital.
Riders often take safety classes, wear protective gear, and follow the rules. California even requires all new motorcycle riders under 21 to complete a safety course.
Still, when a crash happens, people often assume the rider must have done something wrong. That kind of thinking slows claims and makes it harder for victims to get paid fairly. That’s why it’s wise to have an attorney representing you who focuses on motorcycle crashes.
Left-Turn Accidents: A Huge Problem for Motorcycles
One of the most common motorcycle crashes involves another driver making a left turn across traffic. The bike is going straight. The driver either doesn’t see them or misjudges their speed. Suddenly, the bike slams into the side of the car.
In these cases, drivers often say, “I didn’t see the motorcycle.”
That excuse might seem honest, but it doesn’t take away the blame. Drivers must look carefully before turning. Under California law, they must yield to oncoming traffic, including motorcycles.
Lane Changes That Go Wrong
Imagine this: a driver in an SUV is texting while driving on the 405. They glance up and want to switch lanes. But they forget to check their blind spot. A motorcycle is right there, and they sideswipe it.
Lane change crashes like this happen more than you’d think. Because bikes are smaller, drivers need to make extra effort to check carefully. Still, the law expects them to do it. According to the California Vehicle Code, drivers must signal and make sure the move is safe before changing lanes.
Rear-End Motorcycle Collisions Hurt More Than Pride
Rear-ending a car usually dents a bumper. Rear-ending a motorcycle? That may throw someone onto the pavement or into traffic.
Sometimes a driver rolls up behind a motorcycle and doesn’t stop in time. Maybe they were looking at their phone. Perhaps they thought the rider would move faster. But either way, they hit the bike.
In these cases, it’s usually clear who’s responsible. Following too closely or not paying attention may be proof of fault.
What About Motorcycle Lane Splitting?
California is the only state where lane splitting is legal. That means motorcycles are allowed to ride between lanes of slow or stopped cars.
Some people think that lane splitting causes crashes. But research shows that when done correctly, it’s not more dangerous than riding in a regular lane. It may also be safer in stop-and-go traffic since it keeps riders from getting rear-ended.
Still, if a crash happens during lane splitting, insurance companies might try to shift the blame to the rider. That’s not always fair. Every case is different, and the details matter.
The California Highway Patrol has lane-splitting guidelines that show what safe riding looks like
Insurance Companies Don’t Always Play Fair
You might think the insurance company would step up if the other driver were clearly at fault. But that doesn’t always happen.
Insurance companies look for ways to pay less. They might claim the motorcyclist was speeding. Or they might say the rider wasn’t wearing the right gear, even when it has nothing to do with the crash.
Some insurers will delay or offer a lowball settlement, hoping the injured person will give up or accept less than they deserve. Other times, they may contact the motorcyclist asking for information in the hope that the rider accidentally says something that helps the insurance company. Having a motorcycle accident attorney in your corner allows you to refer any insurance company questions to your lawyer.
Why You Need the Right Legal Help
Getting fair compensation takes work. It means gathering facts, getting witness statements, checking traffic cameras, and reviewing police reports. It also means knowing the law and how to use it.
If you’re dealing with medical bills, time off work, or long-term pain, you shouldn’t have to deal with all that alone. The right attorney won’t just file papers. They’ll take your side, talk to the other side for you, and push for a resolution that reflects what you’ve gone through.
Bentley & More LLP has helped many people injured in motorcycle crashes across California. The firm knows how to build strong claims and hold the right people accountable. Contact us to find out how to move forward.
Shared Fault in California
Even if a motorcyclist shares some of the blame, California law doesn’t cut them out completely. Under the state’s pure comparative fault rules, you may still recover money even if you were partly responsible.
For example, if the court finds that you were 20% at fault and your damages total $100,000, you might still recover $80,000.
So don’t let anyone tell you that making a mistake means you don’t deserve help.
When the Other Driver Breaks the Law
Many motorcycle accidents happen because drivers break traffic laws. Those illegal actions matter in a legal claim, whether it’s speeding, running red lights, texting behind the wheel, or driving under the influence.
Police reports, citations, and witness testimony often show what happened. That kind of proof goes a long way when you’re trying to show who caused the wreck.
You can look up California traffic laws and penalties on the California Department of Motor Vehicles website.
Video Footage Is Changing the Game
Today, traffic cameras, dash cams, and even doorbell cameras catch crashes in real time. If you were in an accident near a business or an intersection, footage might back up your version of events.
That’s why it helps to act fast. Some of this video gets deleted within days or weeks. Your legal team might request the footage before it disappears.
Even social media posts may play a role. People sometimes post about crashes they saw or share clips without realizing their importance. These tools may go a long way toward proving fault and defending your actions.
Motorcycle Helmet Use and Blame Games
Everyone riding a motorcycle in California must wear a helmet that meets DOT standards. If you weren’t wearing one, that doesn’t automatically make the crash your fault. But insurance companies might try to use it against you anyway.
Let’s say you suffered a broken leg in a crash where the other driver ran a red light. The helmet wouldn’t have prevented that injury, but an insurer might still bring it up to dodge responsibility. That’s where having someone in your corner matters—someone who will push back with the facts.
Dangerous Roads May Also Share the Blame
Not every crash happens because of another driver. Sometimes, the road itself creates the hazard. Potholes, loose gravel, missing signs, and poorly designed intersections may trip up even the safest riders.
If a road defect contributed to your crash, the city or county responsible for maintenance might share liability. These claims often have shorter deadlines—sometimes as little as six months—so timing really matters.
You don’t have to take on a government agency by yourself. With the right help, these cases move forward like any other.
Frequently Asked Questions About Motorcycle Accident Fault
Do insurance companies always blame the motorcyclist?
No, but they often try. Motorcyclists deal with unfair assumptions. Insurance adjusters might claim you were speeding, weaving through traffic, or “asking for it” just by riding a motorcycle. That’s why gathering evidence is so important. Photos, videos, and witness statements may stop false claims before they stick.
What if I wasn’t wearing a motorcycle helmet?
California law requires all motorcycle riders and passengers to wear helmets. But not wearing one doesn’t mean the crash was your fault. It may reduce the amount you recover if you had a head injury, but not always. If your injury had nothing to do with your head or neck, helmet use might not affect your case at all.
The police report says I was at fault in my motorcycle crash. Am I out of luck?
Not necessarily. Police reports are one piece of the puzzle, but aren’t the final word. Officers sometimes get details wrong or hear just one side of the story. You still have the right to build your case and prove what actually happened.
Can I still recover damages if I was partly at fault in a motorcycle accident?
Yes. California follows a pure comparative fault system. That means you still get paid even if you were partly to blame. Your final amount gets reduced based on your share of fault. So if you were 30% responsible, you might still recover 70% of your losses.
What’s the deadline to file a motorcycle accident claim in California?
The standard deadline (or statute of limitations) is two years from the date of the crash. But there are exceptions, especially if the claim involves a government agency. If you’re not sure, don’t wait. Once the deadline passes, you lose the chance to make a claim.
Do I need a lawyer even if the motorcycle crash was clearly the other driver’s fault?
It helps. Insurance companies don’t always accept clear fault, and they don’t always offer fair settlements on their own. Having someone who knows the law and how to pressure the other side makes a big difference.
What if the other driver didn’t have insurance?
If the other driver was uninsured or underinsured, your policy might cover the losses if you have the right coverage. This is called uninsured/underinsured motorist (UM/UIM) coverage. Many people don’t even realize they have it. An experienced legal team will review your policy and help you figure out your options.
Speak Up So the Blame Doesn’t Land on You
Staying silent helps the other side. If you’re hurt, speak up. Don’t wait for the insurance company to “do the right thing.”
Gather what you can: pictures, names, license plates, anything that helps show what happened. Talk to a legal team that knows how to handle motorcycle crashes and doesn’t buy into the idea that riders are always at fault.
Too often, the blame lands on the person who got hurt. But the truth matters. And in California, the truth is that most of the time, it’s not the motorcyclist who caused the crash. It’s the other driver who didn’t look, didn’t care, or broke the law.
Call a personal injury lawyer at Bentley & More LLP at (949) 870-3800 if you or a loved one has been in a motorcycle crash. Don’t let someone else write the story of what happened. You have the right to be heard.