One moment you’re riding your Yamaha MT-07 along the Pacific Coast Highway. The next, you’re waking up in the ER with road rash and fractured ribs. Motorcycle accidents are fast, violent, and unforgiving—and if you’re the rider, odds are you’re the one who got hurt the most.
Why Motorcycle Injury Claims Are Different
Motorcyclists are more exposed than car drivers, and as a result, injuries tend to be severe. Yet in many cases, insurance adjusters and even law enforcement default to blaming the rider. The reality? In most multi-vehicle motorcycle accidents, the driver of the car is at fault—often for failing to yield or changing lanes without checking blind spots.
Case Spotlight
Jason, a 38-year-old independent contractor, was sideswiped by a distracted SUV driver while commuting on the 5 freeway. Despite wearing a DOT-approved helmet and following all traffic laws, Jason suffered multiple fractures and a punctured lung. His helmet-mounted camera captured the entire incident. West Coast Trial Lawyers helped Jason secure a $475,000 settlement, covering medical bills, lost wages, and pain and suffering.
California Motorcycle Laws That Affect Injury Claims
- Helmet Law: California Vehicle Code §27803 mandates helmet use for all riders and passengers. Not wearing a helmet can reduce compensation in a claim.
- Lane Splitting: Legal in California, but riders must do so safely. Unsafe lane splitting may shift liability.
- Lane Positioning: Riders must remain within a single lane (§21658). Weaving or abrupt lane changes can be used against a claim.
Common Misconceptions
- “You can’t get compensation if you weren’t wearing a helmet.”
- False. You can still pursue damages, although your compensation may be reduced.
- “Lane splitting is illegal.”
- Not in California. Lane splitting is legal and does not automatically assign fault.
- “Motorcyclists are usually at fault.”
- Not true. Most multi-vehicle crashes involving motorcycles are caused by other drivers.
- “If I didn’t feel hurt right away, I don’t need medical care.”
- Some injuries take days to manifest. Always seek a medical evaluation after a crash.
- “The insurance company will take care of everything.”
- Insurers aim to protect their bottom line—not your best interests.
What to Expect When Filing a Motorcycle Injury Claim
- Medical Treatment: Get treated immediately. Your medical records are critical evidence.
- Gather Evidence: Photos, helmet cam footage, witness statements, and police reports.
- Consult an Attorney: Speak with a lawyer experienced in motorcycle injury law.
- Investigation: Your attorney will reconstruct the scene, consult experts, and calculate damages.
- Negotiation or Litigation: Most cases settle out of court, but trial is always an option.
How Much Is a Motorcycle Injury Claim Worth?
It depends on the severity of your injuries, who was at fault, and the evidence available. Minor injuries may settle for under $25,000. Serious or long-term injuries often reach six or seven figures. Your attorney will help build the strongest case possible to pursue maximum compensation.
Get a Free Case Review
If you’ve been injured in a motorcycle accident, don’t let insurance companies define your recovery. Contact us today to schedule a free consultation with our experienced team of personal injury attorneys.
