Motorcycle Accidents

The bias problem, stated plainly

Riders often find that the first version of events assumes they were going too fast, or came from nowhere. That assumption can shape a police narrative and an adjuster's starting position before any evidence is examined.

It is worth being clear that this is an assumption, not a legal position. A motorcyclist has exactly the same rights as any other road user, and fault is decided on the same evidence.

Lane splitting is lawful in California

California expressly permits motorcycles to travel between rows of vehicles. It must be done safely and prudently, and whether it was done safely in a given case is a question about the circumstances, not something settled by the fact that it happened at all.

Why injuries are more severe

There is no structure between a rider and the road. The same impact that produces a bruise in a car produces fractures, road rash or a head injury on a motorcycle. 522 riders and passengers were killed in California in 2024, 13.5 per cent of all traffic deaths in a state where motorcycles are a small fraction of vehicles.

The practical consequence is that these claims are more likely to exceed the at-fault driver's insurance limits, which makes your own uninsured and underinsured motorist coverage unusually important.

Helmets and gear

California requires helmets for all riders and passengers. If a helmet was not worn, expect it to be raised, though it is an argument about how much the injuries were worsened rather than about who caused the collision.

Evidence that helps riders

Helmet camera or dashcam footage, if it exists, is often decisive. So is the physical damage pattern, which frequently contradicts the assumption that the rider appeared from nowhere. Independent witnesses matter more here than in most cases, precisely because the default narrative tends to run against the rider.